You open up Instagram. You're scrolling your feed.
You see your face pop up. It's your video! But it's on an ad that you did for a brand years ago...
You reach out to the brand to have it removed, but it's no use.
If this has ever happened to you, you probably signed a deal that included usage rights in perpetuity.
What is "In Perpetuity"?
"In perpetuity" means forever. No expiration date. When this phrase appears in a brand deal's usage rights or licensing clause, the brand is asking for the right to use your content indefinitely.
This is almost never a good deal for the creator. And brands are counting on you not reading that far into the contract.
When in doubt, say no.
What "In Perpetuity" Actually Grants the Brand
Standard usage rights have a defined end date: 30 days, 6 months, 1 year. You get paid for the license and the brand uses your content for that time period. It expires. If the brand wants to continue using your content, they renegotiate — and you get paid again.
Bonus Tip: If a brand reaches back out to ask to extend their usage rights period on your content, that means your content performed well. Price appropriately!
"In perpetuity" removes that time period entirely. Once granted, the brand can use your content:
- Across all channels (unless otherwise specified), forever
- Even after your partnership with them ends
- Even if the content becomes outdated or misaligned with how you've evolved
- Even if a much larger campaign gets built around it years later — campaigns you were never part of
You will not see another dollar for any of that. One payment. Unlimited extraction. A huge win for the brand, at your expense.
Why Brands Include This Language
Because it's better for them, and most creators don't push back. Especially if you aren't represented by a talent-side agent, sleazy brands may try to take advantage of you. Perpetual rights eliminate expiration tracking and relicensing conversations.
Brand-side agencies often include "in perpetuity" as boilerplate in contract templates... not because it reflects fair market practice, but because creators sometimes sign it without questioning it.
The good news: most brands will accept a defined time limit when you counter. They include perpetual language as a default, not as a firm requirement.
What to Do When You See It
Do not accept it as written. Counter with a specific time limit. 3-6 months is common, but still considered quite long. 1 year is pushing the boundaries of what's reasonable. Increase your rate to reflect the longer window.
If a brand insists on perpetual rights, say no, or price it accordingly. A minimum starting point: 3–5× your annual usage rights rate. Most brands will accept a 1–2 year license when they see that number — which tells you everything about why they asked for perpetual rights in the first place.
Selah flags perpetual usage rights language and adjusts your pricing recommendation automatically →
What to Watch For in Contracts
Brands don't always say "in perpetuity" directly. Look for:
- "Unlimited license"
- "Perpetual, worldwide, irrevocable rights"
- "No time limit on usage" or "rights shall not expire"
- "For the life of the campaign" — "campaign" is vague enough to mean anything
- "Royalty-free, perpetual license" — legal boilerplate that means the same thing
Any of these should trigger the same response: add an end date, and price the extension.
"In perpetuity" is three words that can cost you years of licensing income you'll never see. If you don't see an expiration date in a usage rights clause, ask for one — and price it as if the brand plans to use your content forever. Because they do.
For the full usage rights pricing framework, see How to Price a Brand Deal →
Frequently Asked Questions
What does "in perpetuity" mean in a brand deal contract? "In perpetuity" means forever. When this phrase appears in a usage rights or licensing clause, the brand is asking for the right to use your content with no expiration date. They can run your face in ads for years, extend campaigns indefinitely, and use the content in any format they choose — and you have no recourse and receive no additional payment.
Should I ever accept in-perpetuity usage rights? Almost never, and certainly not without a significant premium. A minimum starting point: price perpetual usage rights at 3–5× your annual usage rights rate. When most brands see that number, they accept a 1–2 year license instead — which tells you exactly why they asked for perpetual rights in the first place.
What phrases should I look for in contracts that signal perpetual usage rights? Watch for "in perpetuity," "unlimited license," "perpetual, worldwide, irrevocable rights," "no time limit on usage," "rights shall not expire," "for the life of the campaign," or "royalty-free, perpetual license." All of these should trigger the same response: add an end date and price the license accordingly.
What is the difference between in-perpetuity rights and standard usage rights? Standard usage rights have a defined end date — 30 days, 6 months, 1 year. When the license expires, the brand must stop using your content or renegotiate (and pay again). In perpetuity removes that expiration entirely. One payment, unlimited extraction. It is almost always a better deal for the brand than for you.
How do I counter when a brand insists on in-perpetuity rights in their brand deal? Counter with a specific time limit and a significant rate increase. Offer a 12-month license at 3–5× your annual rate, with an option to renew at the same rate. Most brands will accept a fixed term when they see that number. The ones who insist on perpetual rights after seeing the price are signaling exactly how much value they were planning to extract.