“A brand stole my content.” Here’s what NOT to do…
I get messages like this from creators all the time:
Comment below if this ever happened to you!
But before I talk about what to do in scenarios like this…
What if…
…brands ASK to use your content (but don’t specify a budget)?
When a brand slides into your DMs but doesn’t mention paying you, it can feel a little awkward.
But don’t let that be the reason you lose out on cold hard cash.
You just need to politely raise the issue of payment (without hyper-focusing on it).
So here’s a template you can use in your response to the brand…
Hey [their name],
It’s great to connect and I’m honored that you liked my post!
[Insert sentence re-emphasizing why you love their brand/product so much]
I’m absolutely interested in granting your brand the rights to repurpose my content. Can you share a few details such as how long the usage term would be?
Also, are you looking to just repost it organically on your social handles or on your website, or are you also looking to secure paid media rights?
I’d also be happy to grant whitelisting rights if that’s something you’re interested in.
Let me know what budget you’ve set aside for this collaboration and we can talk next steps.
[Your name]
I also go deeper on whitelisting and paid media rights if you’d like to learn more about those terms.
On-demand, self-study course, Gifted To Paid - If you wanna convert free product offers into PAID partnerships
OK, so we’ve got a basic framework now.
But what if…
…they ASK to use your content for FREE?
If a brand comes to you asking to use your content without offering payment, don’t immediately slam the door in their face!
This is a major signal that they find you and your content valuable.
So your job is to illustrate & articulate why compensating you makes sense.
For example, you could offer to create a bunch of new assets specifically for that brand (in addition to licensing the original one they reached out about)!
Obviously, they could say no but at least they now have a better understanding of your capabilities in case they ever wanna run a paid campaign in the future.
By now you’re probably thinking, “I understand what to do when brands play nice, but what about when…”
…they DON’T ASK & use your content?!
Sometimes, a brand will download a piece of content you spent hours making and just throw it up on their website (without a single word sent to you).
And it hurts! Maybe it’s a brand you actually quite liked, and this feels like they’re deliberately taking advantage.
Your first instinct might be to run straight on Twitter and tell your followers how much the brand sucks…
…or to send a passive-aggressive email to the brand, saying “ERR you have to PAY FOR THAT”.
I’m telling you right now, don’t react this way.
I know it might be hard, but your first reaction should NOT be to assume malice on their part.
Yes, it’s frustrating, and yes, it’s hard not to view it as personally insulting.
But I’ve found that leading with empathy is always best.
It’s possible that the brand simply wasn’t aware that repurposing content from creators was such a big no-no.
So you can tactfully educate the brand on what's proper, and let them know that you aren’t OK with this simply because it’s an “opportunity for additional exposure” or “other creators never minded before”.
I've found that approaching all situations with compassion - even ones where the brand is clearly in the wrong - can lead to better outcomes & even start new, fruitful relationships over time.
BUT! What if…
…they still refuse to acknowledge their mistake and remove the content?
In the US there’s something called the DMCA (Digital Millennium Copyright Act) which prevents other companies from using your social media assets unless explicitly agreed by both parties.
All social media/tech companies have to follow this.
So if a brand is using your content without having asked and hasn’t responded amenably to your attempts to educate them (and polite demands for money lol)…
You can file a DMCA takedown which will nearly always result in that content being removed.
BTW, here’s an example of where you can do that on a platform like Instagram.
And I know you probably feel like you oughta be due some sort of compensation too, given the brand’s behavior.
But, honestly, unless you think you can extract at least $10,000 from the brand, taking them to court is just not worth your time & money.
The most important thing is to get that content taken down so you can get back to creating amazing content for your audience…
…AND for the awesome brands who do actually pay you for all your hard work
Thanks to George Blackman for contributing to this email!