UGC agreements or influencer agreements – what is the difference?
The difference between a UGC agreement and an influencer agreement lies primarily in what the company is actually purchasing. With UGC, the company typically purchases the production of content that the company itself will use. With influencer marketing, the company typically also purchases access to the influencer’s own channel, audience, and publishing. Therefore, the agreements need to place the emphasis on different issues.
UGC agreement vs. influencer agreement – comparison
| Issue | UGC Agreement | Influencer Agreement |
|---|---|---|
| Main performance | Production and delivery of content. | Publishing to the influencer's audience, often combined with production. |
| Reach | Usually not the primary purchase. | Often a central part of the business value. |
| Publishing channel | Company website, ads, or social channels. | The influencer's own channels, sometimes also the company's. |
| Most important contract issue | License, raw material, editing, paid media, and usage term. | Deliverables, ad disclosure, timeline, reach data, exclusivity, and rights. |
| Paid ads | Often the actual purpose of the production. | Can be a separate add-on beyond organic publishing. |
| The individual's name/image/voice | Must be regulated if the person appears in the marketing. | Often a natural part of the collaboration, but usage outside of own channels should still be agreed upon. |
When is a UGC agreement suitable?
UGC stands for user-generated content, but in commercial collaborations, the term is often used for content that a creator produces on behalf of a company. The material can, for example, be product demonstrations, short videos, testimonials, unboxings, voice-overs, or still images that the company uses in its own channels.
The central aspect is therefore not how many followers the creator has, but what is to be delivered and how the company may use the material. A UGC agreement should, for example, specify format, length, number of versions, deadlines, brief, correction rounds, raw material, usage rights, license period, and which advertising channels are covered.
Example
A skincare company orders four short videos from a creator. The creator does not need to publish the material on their own TikTok account. Instead, the company will test the films as ads on Meta and TikTok. This is fundamentally a UGC setup, and rights to paid media become more important than the creator's organic reach.
When is an influencer agreement suitable?
Influencer agreements are suitable when the assignment is based on the content reaching followers in the influencer's own channels. In that case, the agreement needs to more clearly regulate the channel, number of publications, publication dates, how long the content should remain posted, advertising identification, discount codes, affiliate links, statistics, and any category or competitive exclusivity.
If the company also wants to reuse the material outside the influencer's channel, that right should be described separately. Read what an influencer agreement should contain for a more in-depth checklist.
Rights: separate production from usage
The fact that a company pays for content to be produced does not mean that all conceivable usage rights are automatically included. The agreement should therefore answer where, how, and for how long the company may use the material.
- Organic posts in the company's social media.
- Website and e-commerce.
- Newsletters and CRM.
- Paid advertising.
- Whitelisting, Spark Ads, or Partnership Ads.
- Raw material and new clips/versions.
- Translation, subtitling, and cropping.
- Third-party retailers or marketplaces.
If the creator's name or image is used in marketing, the consent and scope need to be clear. The Act on Names and Pictures in Advertising contains an explicit prohibition against traders using another person's name or image in marketing without consent.
AI, voice cloning, and synthetic versions
If the company wants to use the material for AI-based editing, synthetic voice, digital avatar, or other adaptations that go beyond standard editing, this should be regulated separately. A general approval to "edit the material" is not necessarily a good foundation for entirely new synthetic uses.
Advertising disclosure and marketing law liability
When an influencer publishes commercial content on behalf of a company, the marketing is covered by the Marketing Act. The Swedish Consumer Agency (Konsumentverket) emphasizes that advertisements must be identifiable as advertising even upon a fleeting contact and that it must be clear who is behind the marketing.
In a pure UGC setup where the company itself publishes the content, publication control usually lies with the company. This does not mean that all legal issues disappear: product claims, rights, name/image, regulated products, and platform terms can still be relevant.
When the same collaboration is both UGC and influencer marketing
Many modern campaigns are hybrids. For example, the creator publishes a Reel in their own channel and simultaneously delivers two extra versions that the company may use in paid social. In such cases, the agreement should separate the performances:
- Organic influencer delivery: channel, date, ad disclosure, statistics, and publication time.
- UGC production: number of files, raw material, brief, and corrections.
- License: which versions the company may use, in which media, and for how long.
- Paid media: whether the creator's identity/account may be used, budget period, and any separate compensation.
That breakdown also makes it easier to price rights and extensions later.
Checklist: which agreement do you need?
- Will the creator publish in their own channel or just deliver files?
- Are you buying reach or primarily production?
- Should the material be used in paid ads?
- Does the company need raw material?
- How long should the license be valid?
- May the content be edited, translated, or versioned?
- Should names, images, or voices be used in the company's marketing?
- Are there affiliate links, discount codes, or performance-based compensation?
- Is exclusivity against competing brands needed?
- Is there a clear process for ad review and product claims?
Primarily production and usage rights?
Mallbutiken's UGC Creator agreement is designed for companies and creators who need to regulate delivery, license, paid ads, name/image/voice, and modern uses of creator material. Word and PDF, 149 SEK.
See the UGC Creator agreementSee the influencer agreementFrequently asked questions
Can you use the same agreement for UGC and influencer marketing?
It is possible to combine terms, but the agreement needs to clearly separate the creator's production, their own publishing, and the company's subsequent usage rights.
Does a UGC creator need many followers?
No. In a pure UGC setup, content production is usually the core. Reach in the creator's own channels does not need to be included at all.
Can the company use UGC material forever?
Only if it actually follows from the parties' agreement and other rights. Clear time periods and channels reduce the risk of later disputes.
Related guidance
Also read the guide to influencer agreements and the guide on AI policy if generative AI is used in marketing production. See also templates for influencer, UGC, and marketing.
Sources and further reading
- The Swedish Parliament: Marketing Act (2008:486)
- Swedish Consumer Agency: influencer ad posts – rules for companies
- Act (1978:800) on Names and Pictures in Advertising
The guide provides general information. Always assess the actual campaign, rights, product, and form of publication.
