The Clause That Saved Christmas
Let me tell you what happened in my house this Black Friday.
In The Loophole this week:
He hadn’t posted in a year… so why the commissions?
The brand was making even more money from the same video.
One clause = one calm email… and a clear choice.
My husband’s phone wouldn’t stop
Most business owners don’t lose money because their work flops. They lose it because their agreements aren’t built for success.
Let me tell you what happened in my house this Black Friday.
Rick’s phone was blowing up. Sale! Sale! Sale! Turns out, a coupon code was on fire.1
But he was confused—he hadn’t posted for this brand in a year.
Rick is a content creator and gets paid by brands to create content promoting their products. Last year, he contracted with a brand to promote sales during their Black Friday push. It was a great deal… or so we thought, until a few weeks ago when the ghost of Black Friday past came back to haunt us.
We dug into the brand’s account and found the problem: They had pulled his Instagram Reel from Black Friday 2024 and were running it again. Same video, same code, same adorable sales guy selling their product.
And they were making so much more money from the video in 2025 than in 2024.
Except they no longer had permission to use it.
Here’s why we weren’t scrambling (yet)
When I wrote Rick’s contract last year, I gave the brand a 30-day license. After that month ended, their rights to use the video expired.
So when they reposted it a year later, they were using unlicensed content.
Rick was rightfully upset. I was even more upset because, as you might imagine, I don’t like people being treated unfairly or ignoring the contract clauses I write. We wanted to go after them. But, more importantly, we also didn’t want to blow up a good relationship.
And this is the reality of doing business and the law: being right isn’t the same as being able to do something about it.
Court is expensive. It’s slow. It’s emotionally draining. And it’s rarely the best first move.
But because I’d built the contract correctly from the start, we had a calm recourse.
The message was simple
Rick sent one email:
“Hey team—I noticed my video is running again. I’m glad it’s working for you, but need to flag that the license is expired. Happy to discuss renewal terms if you want to keep it in rotation.”
It was Friendly. It was Professional. It set firm boundaries.
He didn’t threat. He didn’t bring in his lawyer-wife. He just pointed to what they’d already agreed to.
That clause gave him teeth
The agreement gave Rick leverage to ask for what he’s rightfully due—without needing to threaten anyone or ruin the holiday spirit.
The brand could either stop using the video or pay to extend the license. Their choice.
Without that expiration date in writing, we’d be arguing whether they even needed permission. Rick would become the “difficult” one for asking to get paid twice. What’s worse, the brand could run that video every Black Friday while their sales explode, and Rick gets nothing.
Instead, the power dynamic stayed clean. The contract said what it said.
Good content needs tight contracts
When your work performs well, clients want to keep using it.
If your contract doesn’t define what that costs and when their rights end, you’re renegotiating from scratch after the value’s already been delivered. You’ve lost your leverage.
If your contract defines those terms up front, you stay in control. The conversation stays clean.
What a good license needs to include
Three things, every time:
A clear end date. Not “for the campaign” or “for marketing.” An actual calendar date.
Usage scope. What platforms, what geography, what purpose.
Renewal terms. What it costs to extend, who initiates, how much notice is required.
This isn’t just an influencer problem
I see this pattern everywhere:
Designers whose logos end up on product lines they never agreed to
Writers whose copy gets repurposed across campaigns they didn’t know existed
Consultants whose frameworks get rolled out to divisions that never paid for them
The better your work performs, the more it gets reused. And if your agreement doesn’t account for that, you’re working for free the second time around.
How it saved Christmas
Now on Rick’s Christmas Wishlist is an extended license. Let’s hope Christmas morning isn’t overshadowed by an unresolved business dispute.
That’s what good contracts do—they don’t just protect your work. They protect your peace.
🤖 Check your contracts 🤖
If you want to understand a contact clause better, use this prompt2:
Copy/paste into ChatGPT:
“Review this contract text and tell me (in plain English):
What rights the client has to use/reuse my work (where + for how long).
Whether it includes: end date (calendar date), usage scope (platforms/geo/purpose), renewal terms (cost + process).
What’s vague or risky (e.g., ‘for marketing’, ‘in perpetuity’, ‘any media’) and how to fix it.
A rewritten, creator-friendly license clause with a clear term, clear scope, and simple renewal option.
Contract text:
[PASTE HERE]”
Want help tightening this up?
Pull out your agreements right now. Look at how you’re licensing your work.
If you can’t point to an expiration date and renewal terms, you’re leaving money on the table.
This is my lane. I help creatives and founders build agreements that make success feel as good as walking through Candy Cane Lane.
If you want your contracts to protect your work and your relationships (and your holiday spirit), email me and tell me what you sell and how clients use it. I’ll point you to the clearest next step.
Don’t let your best work become your biggest loss.
Build smart,
Sonya
P.S. Need a coupon code for an AI birdfeeder? DM Rick on Instagram at birding_with_rick
Thanks to my husband-client for giving me express permission to share his story.
note: Treat free AI chatbots like public spaces, not private conversations: anything you type may be stored, reviewed, or used to improve systems, and could be exposed in a breach or shared under broad privacy policies. Avoid entering any sensitive personal or business information, such as IDs, financial details, health data, passwords, or confidential client or company material, because losing control of that data can lead to identity theft, legal or contractual issues, and reputational harm. If there’s ever a lawsuit, anything you tell AI can be discoverable.


