Rights and disclosure
Rights and disclosureHow we handle it
On this page we explain which usage rights you receive from FNLY Social, how we obtain performer consent and what we observe regarding advertising disclosure, advertising for medicinal products and the artists' social security levy. This page is not legal advice.
Draft: this English version is for information and will be reviewed by our legal counsel before publication. The German version is legally binding.
Usage rights per package
The usage rights you receive are fixed for each package and set out in writing in the quote.
| UGC single video | unlimited organic use |
| UGC Starter | unlimited organic use, advertising 6 months |
| UGC Ads | advertising 12 months |
| UGC subscription | advertising 12 months, raw footage included |
| Photo packages | unlimited organic use and advertising |
| Advertising extension | 12 months €50 per video, unlimited €100 per video |
| Whitelisting or Spark Ads | €120 per platform and campaign, up to 3 months |
| Industry exclusivity | 3 months, 30 % surcharge |
| Logo | exclusive, unlimited in time and territory, with the right to edit and register as a trademark |
Organic means publication on your own channels and your website without paid reach. Advertising means use in paid ads. The rights pass to you after full payment. A trademark search is not included with the logo. Prices net, plus VAT.
Why we set out usage rights in writing
Without a written agreement, you generally only receive the rights needed for the purpose recognisable when the contract was concluded. This follows from the purpose-of-transfer rule in § 31 (5) UrhG (German Copyright Act).
So if you buy a video for your own Instagram channel, you are generally not allowed to use it in ads without a further agreement. That is why FNLY Social states the type of use, duration and media for every package and offers extensions at fixed prices.
Performer consent
Every person who appears in our videos or photos gives written consent in advance, a so-called model release. Under § 22 KUG (German Art Copyright Act), images of a person may generally only be distributed with that person's consent.
The model release states the purpose, media and duration of use and covers the scope you acquire with your package. If you extend the use later, for example to advertising or a longer term, we extend the consent as well. How a withdrawal of consent is handled is governed by our contracts with the performers.
If employees of your business appear, for example in employee videos, written consent is also required. Who obtains it is set out in the quote.
Advertising disclosure
Advertising generally has to be recognisable as such. The relevant provisions are § 5a (4) UWG, § 6 DDG and § 22 MStV, as specified by three judgments of the Federal Court of Justice (Bundesgerichtshof) of 09.09.2021 (I ZR 90/20, I ZR 125/20, I ZR 126/20) and by the guidelines of the state media authorities and the Wettbewerbszentrale.
If you publish our videos on your own channels, the advertising nature is usually already clear from the sender, and the platforms label paid ads themselves. If a video appears on a creator's account, for example with Spark Ads on TikTok or Partnership Ads on Meta, we use the platform's labels such as "Paid partnership" or TikTok's content disclosure.
Limits set by the Heilmittelwerbegesetz
Advertising for medicinal products, medical devices and certain treatments aimed at the general public is subject to the restrictions of § 11 HWG (German Act on Advertising in the Health Care Sector), for example regarding statements by third parties or visual depictions of effects. Image advertising for a medical practice or pharmacy generally does not fall under the HWG.
According to a judgment of the Higher Regional Court of Cologne (OLG Köln) of 11.09.2025 (I-6 U 118/24), a company is liable for creators in a paid partnership as it is for its own agents. We point out critical statements to you on health topics. The legal approval of statements about your product is your responsibility.
Artists' social security levy
According to the Künstlersozialkasse (artists' social insurance fund), payments to legal entities such as a UG or GmbH are not part of the assessment basis for the artists' social security levy (Künstlersozialabgabe) (Information Sheet 03). Invoices from FNLY Social UG therefore generally do not trigger the levy for you, unlike payments to self-employed creators you hire directly.
We cannot guarantee this, because it depends on your own situation. Please have it checked by your tax adviser.
Updated:
Sources
- § 31 UrhG, grant of rights of use
- § 22 KUG, right to one's own image
- § 5a UWG, misleading by omission
- § 6 DDG, special information obligations for commercial communication
- § 11 HWG, advertising aimed at the general public
- Künstlersozialkasse, Information Sheet 03: levy obligation of advertising businesses
FAQ
Frequently asked questions
Which usage rights do I receive from FNLY Social?
That depends on the package: you may use the single video organically without limit, Starter adds advertising for 6 months, Ads and the subscription add advertising for 12 months. You may use the photo packages organically and in advertising without limit. We set out the exact scope in writing in the quote.
Can I extend the advertising use later?
Yes. Extending to 12 months costs €50 per video, unlimited advertising use €100 per video, both net. FNLY Social then also extends the performers' consent.
What is a model release?
A model release is a person's written consent that photos or videos of them may be used for a specific purpose, in specific media and for a specific duration. The legal basis is generally § 22 KUG. FNLY Social obtains one from every person in front of the camera.
Do I have to label UGC as advertising?
On your own channels, UGC is generally already recognisable as your advertising from the sender, and the platform labels paid ads. If the video appears on a creator's account, it generally needs to be labelled as advertising. In individual cases you should have this checked legally.
Is the artists' social security levy due on FNLY Social invoices?
According to the Künstlersozialkasse, payments to legal entities such as FNLY Social UG are not part of the assessment basis (Information Sheet 03). We cannot give a guarantee, so please have this checked by your tax adviser.
Can I use UGC to advertise health products?
Yes, but for medicinal products, medical devices and certain treatments the limits of § 11 HWG apply, for example regarding statements by third parties. Image advertising for a medical practice generally does not fall under it. We point out critical statements, and the legal approval is your responsibility.
Is this page legal advice?
No. We describe how FNLY Social handles rights and disclosure and name the legal bases. For your individual case, please contact a lawyer or your tax adviser.
Rights and disclosure
Do you have a question about rights?
Tell us what you want to use the content for. We tell you which package and which rights fit.