Can We Request Additional Permission for Secondary Use Later?

Making an additional request is possible in itself. However, if the use exceeds the scope defined in the original contract, you should not stretch the interpretation of the existing agreement to cover it—you need to conclude a new permission agreement. You should avoid proceeding with out-of-scope use first and seeking permission afterward.

Why Should You Avoid Stretching the Interpretation of an Existing Contract?

The scope of use defined in the contract represents the exact terms the influencer themselves agreed to. Secondary use on media or during periods not originally anticipated exceeds the scope the influencer consented to, even if the content is similar. Stretching the interpretation with reasoning like "it's similar content, so it should be fine" tends to surface later as a mismatch in understanding with the influencer, which can damage the relationship of trust. As a matter of standard practice, the assumptions made at the time the original contract was signed and any new usage needs that arise later should be treated as separate matters.

When Should You Request Additional Permission?

You should make the request once the new purpose of use has been specifically decided, and before actual use begins. Rather than raising it at a vague stage of "we might use it," consulting the influencer once the media, period, and purpose of use are clear makes it easier for them to make a decision. You should avoid the sequence of starting use first and requesting permission afterward.

What Should You Communicate When Making the Request?

Communicate specifically which media, what period, and for what purpose you wish to use the content. The clearer the differences from the original contract are, the easier it is for the influencer to make a decision about the additional permission. It also helps to clarify whether the terms will follow the original contract or be negotiated separately, as this prevents misunderstandings later on.

How Should You Respond If the Request Is Declined?

If the request is declined, you should give up on that secondary use of the material altogether. You should avoid forcibly stretching the interpretation of the existing contract scope to use it anyway. Reinterpreting the wording of the contract in a convenient way without confirming the influencer's intent poses a risk to the relationship with them, even if your company judges it acceptable internally. If similar use is expected to arise again in the future, one option is to set a broader scope for secondary use in advance at the time of the next contract.

Scope of This Article

This article addresses the approach to take when requesting additional permission for secondary use of posted content. For the basic approach to secondary use itself, please see What Is Secondary Use of Posted Content? Basics and Precautions for Repurposing as Advertising.

Conclusion

Making an additional request is not a problem in itself. However, communicating the specific scope of use and obtaining permission before beginning use is the standard practice.