The campaign ran smoothly for a full year. Sales climbed, the video racked up views, and the marketing team began preparing a second wave. Then the talent agency sent a letter: the talent usage rights expired two months ago. Every piece of material still in circulation has become an infringement.
Many teams assume the shoot fee bought everything. In reality, a talent contract separates the cost of the work from permission to use that person’s likeness, as discussed in our piece on the role of talent and casting. The fee covers the shoot day, while the usage permission has a time limit of its own.
The risk grows as the number of distribution channels increases. The same video shows up on social media, marketplaces, in-store screens, and reseller posts. Pulling all of it down in a single day is close to impossible without a tidy asset register.
Talent Usage Rights Expire Without Warning
The Four Limits a Talent Contract Sets
A good contract names four limits separately. First the duration, typically six or twelve months from first airing. Second the territory, ranging from a single city to national or cross-border. Third the type of media, covering television, digital, out-of-home screens, print, and in-store material.
The fourth limit concerns category exclusivity. This clause bars the talent from appearing in competing products for the duration of the contract. Brands pay more for that restriction, so it is only reasonable that they also watch its expiry date.
Two assumptions cause the most trouble:
- Believing the shoot fee automatically buys perpetual usage rights.
- Assuming old social media posts are safe because the team is no longer promoting them.
Both are wrong. A video still on display continues to serve a commercial purpose, whatever its upload date.
Assets That Stay in Circulation After the Term Ends
Comparing Usage Rights Scope and Its Risks
| Scope | Example Contract Wording | Risk If the Team Overlooks It |
| Duration | Twelve months from first airing | Older material turns into an infringement |
| Territory | Indonesia only, excluding Southeast Asia | Paid ads leak into other countries |
| Media | Digital and in-store, excluding television | A television airing triggers a new fee |
| Exclusivity | A bar on appearing in similar products | The talent accepts a competitor’s offer sooner |
The first row is the one that catches people out most often. Marketing teams change, contract archives move between folders, and nobody is tracking the end date. By the time the talent usage rights expire, the video is usually at the peak of its performance.
The second row catches people out differently. Paid advertising on digital platforms often targets a wider area than the contract permits. One incorrect targeting setting is enough to overstep the territorial limit.
Derivative assets add to the complexity. Short cuts, screen grabs for banners, and presentation materials all use the same face. Compile a register of every derivative from the start, complete with file locations.
The contract should also set out an obligation to withdraw the material. State the deadline, for example seven working days after the talent usage rights expire, along with who bears the cost. That clarity prevents arguments when the talent agency sends its notice.
The Legal Basis and the Cases That Reinforce It
Article 12, Sanctions, and a Supreme Court Ruling
Indonesia’s Law No. 28 of 2014 on Copyright addresses this explicitly. Article 12 prohibits the use of a portrait for advertising or commercial promotion without written consent from the person depicted. Where a portrait contains two or more people, the advertiser must obtain consent from all of them. Article 115 threatens offenders with a fine of up to five hundred million rupiah.
Court rulings have clarified the interpretation. In Decision No. 262 K/Pdt.Sus-HKI/2016, the Supreme Court held that using an employee’s portrait in brochures and advertising without permission constituted an unlawful act, as discussed in this review on the Dandapala portal. Owning the copyright in the advertising material does not remove the obligation to seek permission from the person in the image. The same logic applies to brands using old video beyond the contract term.
Renewal is usually cheaper than reproduction. Agencies generally calculate the renewal fee as a percentage of the original fee. That figure sits well below the cost of reshooting, particularly if your campaign is still delivering good results. A commercial advertising budget should therefore include a renewal line from the outset. Having the funds ready means decisions can be made quickly without an extra round of meetings.
Safeguards your team can put in place:
- Record the start and end dates of the usage rights in the project file.
- Set a reminder ninety days before the term expires.
- Compile a register of every channel showing the material, including those of distributors and resellers.
- Agree the renewal option and its price in the first contract.
- Stop the paid advertising first, then take down the organic material.
Production houses handling commercial advertising usually hand over a usage rights summary sheet along with the final files. That sheet becomes the reference for whichever marketing team arrives later.
A new clause now needs to be included as well. Many brands use fragments of a talent’s face for automated material or versions generated by language models. Make sure the contract states where both parties stand on that kind of use, including a prohibition on altering the likeness without consent.
Protecting the Schedule When Talent Usage Rights Expire
In short, talent usage rights expire according to the calendar, not according to campaign performance. Duration, territory, media, and exclusivity determine how long your material may stay up. A simple reminder plus a channel register closes off nearly all of the risk. Renewing early also puts you in a better bargaining position. Up-and-coming talent deserves the same attention, because a face that is cheap today can become expensive once the name takes off.
High Angle discusses the scope of usage rights from pre-production, alongside talent selection and the script. The team hands over a summary of the validity period so clients can track it without opening the full contract. Whether you are a brand owner, a marketing manager, or a team running video advertising services in house, recording this from the start saves far more than patching the problem at the end.
Practical Questions About Talent Usage Rights
- Does the shoot fee already cover perpetual use?
No, because the contract separates the work fee from the usage permission, and talent usage rights expire on the date set out in the agreement. - What if old videos are still circulating on reseller channels?
The brand still carries the risk, so the channel register needs to include distribution partners. - Is renewal always expensive?
Agencies generally calculate it as a percentage of the original fee, and the figure sits well below the cost of producing again through a video advertising service.
