An e-shop agrees with a content creator on three posts and one video. The campaign goes better than expected and marketing wants to use the video as paid advertising, on the product page and, six months later, in a Czech campaign too. The creator refuses or asks for an additional fee. Both sides are convinced they are right, because the contract, if there is one, says only a single sentence about rights to the content. The outcome is therefore decided by the interpretative rules of the Copyright Act (Act No. 185/2015 Coll.), and those rules favour the author.
Who holds the rights and what use of a work means
Photographs, videos and texts created by a creator are generally works of authorship, and a work may be used only with the author’s consent (Section 19(2)). Use includes, among other things, making a copy, adaptation, combination with another work and communication to the public, that is, publication on the internet as well (Section 19(4)). If the video was shot by a camera operator or edited by someone else, the rights may belong to them too, and the creator can grant them to you only if he or she has acquired them. The author’s consent is given by a licence agreement:
By a licence agreement the author grants the acquirer consent to use the work (the “licence”). A licence agreement contains in particular the manner of use of the work under Section 19(4), the scope of the licence, the time for which the author grants the licence or the manner of determining it, and the remuneration for granting the licence or the manner of determining it, unless the author and the acquirer have agreed that the licence is granted free of charge.
— Section 65(1) of Act No. 185/2015 Coll. (unofficial English translation)
What applies where the contract is silent
If the contract does not specify the manner of use, the licence covers only the manner necessary to achieve the purpose of the contract (Section 66(1)). Where the collaboration is agreed as posts on the creator’s own profile, that purpose is precisely publication by the creator, not paid advertising from the brand’s account. If the contract does not determine the scope of the licence and its purpose does not imply otherwise, the territorial scope is limited to Slovakia (Section 67(3)) and the temporal scope to the customary period, but no more than one year:
If the licence agreement determines neither the time for which the author grants the licence nor the manner of determining it, and the purpose of the contract does not imply otherwise, the licence is deemed to be granted for the time customary for the given type of work and manner of use, but for no more than one year from the grant of the licence.
— Section 68(2) of Act No. 185/2015 Coll. (unofficial English translation)
A licence is non-exclusive unless otherwise agreed (Section 70(1)), an exclusive licence must be in writing (Section 65(3)), and a sub-licence, for example to an agency or to resellers who also want to use the content, may be granted only with the author’s prior consent (Section 72(1)). If you commissioned photographs or texts as a work under a contract for work, the author is deemed to have consented to use for the purpose arising from the contract, and may continue to use and license the work himself unless that conflicts with your legitimate interests (Section 91(1) and (2)). That rule does not apply to an audiovisual work and therefore generally not to a video (Section 91(5)); for a video, the general rules on licence agreements described above apply. The Czech Civil Code starts from the same presumption, that a licence is granted to the extent necessary to achieve the purpose of the contract (Section 2376(2)).
The creator’s face and voice are a separate matter
A licence to a video does not automatically cover use of the creator’s likeness. Portraits, pictures and audio and video recordings concerning an individual may be made or used only with that person’s consent (Section 12(1) of the Civil Code). If the brand cuts shorter advertisements from the video, adds text or changes the music, it also interferes with the author’s moral right to the integrity of the work (Section 18(2)). Consent to such interference must be limited in scope and manner and, unless otherwise agreed, may be withdrawn (Section 18(5)). The contract therefore needs both: a licence to the work and consent to use of the likeness and to modifications, with a defined scope and duration.
Remuneration and barter
Where a work is used for advertising or promotional purposes, the law expressly permits a lump-sum remuneration (Section 69(4)(e)). In a barter collaboration it should be recorded that the remuneration consists of the goods or services provided, or that the licence is granted free of charge. If the contract does not determine remuneration, does not state that the licence is free of charge, and this does not follow from its purpose either, the author is entitled to the remuneration customary at the time the contract was concluded (Section 69(6)).
What to write into the contract with the creator
List the manners of use: publication by the creator, sharing on the brand’s channels, paid advertising from the brand’s account or from the creator’s account, the website, the newsletter, print and outdoor advertising. Define the territory, especially if you are also planning a campaign in Czechia, and the period of use after the campaign ends. Add consent to modifications and editing, consent to use of the likeness and voice, the right to grant a sub-licence to an agency or partners, and the creator’s representation that he or she holds rights from everyone who contributed to the content. Check separately any music and other third-party works used in the video, as their licences may not cover use outside the platform.
How to label a collaboration and who is responsible for hidden advertising is discussed in labelling advertising by an influencer, and what a creator may claim about a product in the article influencer claims about a product. We prepare a contract covering all these points through our influencer contract service; licences to works outside influencer marketing, for example to photographs or graphics, through copyright and licensing.
This article provides general legal information as at 12 September 2026. It does not constitute legal services or advice on your specific matter. Laws change and the details of your situation may differ. Check the appropriate course of action or contact us before making a decision.
