Who owns the content your social media agency makes?

Key takeaways

Who owns social media content created by an agency? In the UK the creator owns copyright by default, so the agency or its freelancer does unless the contract assigns it to you in writing. Accounts, ad accounts, working files and data are separate questions, and each needs its own line in the contract.

• By default the creator, not the client, owns copyright in the UK.
• An assignment of copyright must be in writing and signed.
• Accounts and ad accounts should be created in your business's name.
• Ask for working files and raw footage, not just finished posts.

Who owns copyright in agency content?

Copyright belongs to the person who creates a work, or to their employer if it was made in the course of employment. Paying for the work does not transfer ownership. Unless your contract assigns copyright to you, you have at most a licence to use what the agency made.

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What are the four things to own?

Ownership covers four separate things: the accounts, the finished content, the working files and the data. Businesses often secure the first and forget the other three, then find that leaving an agency means rebuilding audiences and re-shooting footage. Check each one, and get each written into the contract.

• Accounts: pages, profiles, ad accounts and analytics.
• Finished content: posts, graphics, edited videos, captions.
• Working files: editable templates, raw photos and footage.
• Data: audiences, pixel data, lead details and reports.

What wording should the contract contain?

Ask for a clause that assigns copyright in all finished deliverables to you on payment, requires the agency to obtain the same from its freelancers, and obliges it to hand over working files on request and on exit. This is general guidance, not legal advice.

• Assignment of copyright in deliverables on payment.
• Agency to secure rights from freelancers and creators.
• Licences for stock images and music passed on or disclosed.
• Working files delivered on request and at exit.
• Accounts owned by the client, agency given access.

Who should own the social media accounts?

Your business should. Create pages, ad accounts and analytics under your own business account and add the agency as a partner or manager. If an agency sets them up under its own account, you depend on its goodwill to move them when you leave.

• Questions to ask a social media agency before signing

What about third-party material?

Stock images, music, fonts and creator content come with their own licences. A licence may cover organic posts but not adverts, or may end when the agency's subscription ends. Ask which items in your content are licensed, from whom and on what terms.

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Does ownership cost extra?

It should not for content made specifically for you. Some agencies charge for raw footage or editable files, or keep templates as their own tools. That can be reasonable, but it should be stated in the proposal with a price, not raised on the day you leave.

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How do you check who owns your accounts today?

It takes ten minutes. On each platform, open the settings and look at who has full control. Your business account should be the owner, with named people from your team as admins and the agency added with partner or task-level access. If the agency is the only admin, fix that first.

• Meta: the Business portfolio that owns the page and ad account.
• LinkedIn: the page's super admins.
• TikTok, YouTube and Google: the owning account's email.
• Analytics: the account administrator.

What does this look like in practice?

A pattern we see when UK businesses come to us from another supplier: the page is theirs, but the ad account, pixel and video footage are not. Rebuilding audiences and re-shooting content costs months. Checking the four ownership points at the start avoids it.

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Ownership checklist

Check each today, whatever stage you are at.

• You are an admin on every page and profile.
• The ad account and pixel are in your business's name.
• Your contract assigns copyright in deliverables to you.
• You hold copies of templates and raw footage.
• You know which images and music are licensed.
• Reports and lead data are stored where you can reach them.

Next step

Tell us who set up your accounts and what your contract says about content. We will tell you what to secure first.