Content License Grant to TikTok

What it is

Advertisers grant TikTok a royalty-free, worldwide, transferable, sublicensable license to use, modify, distribute, and adapt submitted content for developing and improving TikTok products; a separate perpetual, irrevocable sublicensable grant covers content published on Display Sites including the TikTok app and website. The scope of the license may be modulated by content controls available within Commercial Products.

Why it matters (compliance & governance perspective)

This provision grants TikTok two overlapping licenses: an operational license covering all submitted content for product development purposes, and a perpetual, irrevocable sublicensable license specifically for content published on Display Sites. The perpetual and irrevocable nature of the Display Sites license means the agreement states that this grant continues after a user ceases using the Commercial Products.

Consumer impact (what this means for users)

The agreement states that all content submitted through Commercial Products is subject to a royalty-free, worldwide license authorizing TikTok to use, modify, and adapt it for product development, and that content published on Display Sites is subject to a separate perpetual, irrevocable license that TikTok may sublicense to others. The agreement also states that users may extract, share, and retain advertiser content even after the advertiser's use of the Commercial Product concludes.

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: The content license interacts with intellectual property law across jurisdictions covered by these terms, including the EU, UK, US, Singapore, and Australia. For EEA-based users, the right to modify content may engage questions under the EU Copyright Directive regarding moral rights, which the agreement addresses by requiring users to waive or agree not to assert moral rights over Feedback (Section 6.1(c)), though this waiver is specific to Feedback rather than to general submitted content. GDPR may be relevant where submitted content contains personal data of EU individuals. 2) GOVERNANCE EXPOSURE: Medium to High. The breadth of the license to modify and adapt content for product development purposes, combined with the sublicensing right and the perpetual, irrevocable nature of the Display Sites grant, creates IP governance exposure for advertisers who submit branded, proprietary, or third-party-licensed creative assets. The agreement requires advertisers to ensure all submitted content complies with applicable laws and that required licenses are obtained, placing compliance responsibility on the advertiser. 3) JURISDICTION FLAGS: The EU's approach to moral rights and the right of integrity for creative works may create tension with the modification rights asserted in this license, though this depends on whether the submitting entity holds moral rights under applicable national law. Australian small businesses operating under the Australian Consumer Law supplemental terms may have additional protections that interact with this license. The perpetual, irrevocable nature of the Display Sites license should be evaluated under applicable law in each jurisdiction where the advertiser operates. 4) CONTRACT AND VENDOR IMPLICATIONS: Advertisers using third-party creative agencies or sourcing content under licensed agreements should confirm that their upstream licenses permit the sublicensing and modification rights required by this provision. The agreement places compliance responsibility on the advertiser even where third parties or TikTok Commercial Technology are used to create content. Permitted Users granted access to submit content on behalf of an Account Holder operate under the same license framework. 5) COMPLIANCE CONSIDERATIONS: IP compliance teams should audit the scope of rights held in creative assets submitted through Commercial Products, particularly for branded content, licensed music, photographs, or third-party materials. The controls referenced in Section 6.2(f) that allow advertisers to manage content use should be documented and reviewed. The distinction between the operational license (Section 6.2(d)) and the Display Sites license (Section 6.2(e)) should be tracked, as the latter carries perpetual and irrevocable terms.

Applicable agencies

Provision details

Other risks in this policy

• Account Holder Solely Responsible for All Activity high
• Aggregate Liability Cap at 500 USD or Fees Paid high
• Broad License Granted to TikTok Over Your Content high
• Commercial Products Provided As-Is Without Warranties high
• Exclusion of Indirect and Consequential Damages high
• Mandatory Individual Binding Arbitration for US Users high