This analysis describes what Substack's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The retention of ownership means users do not transfer title to their content to Substack by uploading it, preserving their ability to use, license, or remove that content outside the platform.
Interpretive note: The clause applies only to 'original content'; non-original content is not addressed by this excerpt.
The updated terms establish new content moderation procedures, including use of automated detection tools (hash-matching for CSAM, keyword filtering, direct message scanning) followed by human review before enforcement action, except where immediate action is necessary to prevent serious harm. Substack will notify users when content is removed or accounts are suspended for policy or safety reasons, unless notification would compromise an investigation or risk harm. Users may appeal content removal or account restrictions by contacting tos@substackinc.com, with Substack committing to respond within 3 business days. Beginning December 1, 2026, local VAT, GST, sales, or use tax will be added to Paid Subscription purchase prices, collected by Substack and remitted to applicable taxing authorities where its service provider is able to do so. You can report content violations using the report tool on each post or profile page, and appeal content moderation decisions by contacting the support email address.
View change record →Users retain ownership of their original content provided to Substack, along with the copyright and intellectual property protections that attach to it.
How other platforms handle this
As between you and Canva, you own all right, title and interest in and to your User Content.
We hereby assign to you all our right, title, and interest, if any, in and to Output.
We do not sell that content; it is yours.
"Any original content you post, upload, share, store, or otherwise provide to Substack remains yours and is protected by copyright and any other applicable intellectual property laws.Excerpt from Substack's Terms of Use
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The retention of ownership means users do not transfer title to their content to Substack by uploading it, preserving their ability to use, license, or remove that content outside the platform.
Users retain ownership of their original content provided to Substack, along with the copyright and intellectual property protections that attach to it.
ConductAtlas has identified this type of provision across 249 platforms. See the full comparison.
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