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CapCut’s June 2025 Terms of Service (ToS) Update: What Marketers Need to Know

CapCut, the free video editing app from ByteDance (TikTok’s parent), just rolled out a quiet but sweeping Terms of Service (TOS) update. While largely unnoticed by everyday users, the change has digital marketers, creators, and brands sounding the alarm.


Influencer filming makeup tutorial


What Changed with CapCut's Terms of Service (ToS)?


  1. Broad, Perpetual Content License


    CapCut now asserts a worldwide, irrevocable, royalty-free, transferable, sublicensable, perpetual license over all user-uploaded content: videos, audio, templates, drafts, branding assets, voice‑overs, and everything in between


    They can "use, reproduce, modify, adapt, publicly perform, and create derivative works", even after your account is deleted.


  1. Voice, Likeness, and Attribution License


    The new clauses explicitly include your face, voice, name, username, and likeness - usable in ads, training, or partner campaigns without compensation or notice.


  1. Non-confidentiality & No Indemnity


    All uploads are deemed non-confidential; CapCut can delete your content any time without liability. If your content contains protected materials (e.g., unlicensed music), you're on the hook, not them.


  1. No Opt-out & Binding Arbitration


    You must accept the new terms or stop using the app. All disputes are forced into individual arbitration, with no class‑action option.



Why This Matters for Marketers


  1. Risk to Brand Control


    Your campaign assets, not just final edits but also drafts, could be repurposed by CapCut or its affiliates without permission. Even internal presentations or embargoed footage could slip through due to the blanket "non-confidential" clause.


  1. Reputational & Legal Exposure


    Imagine CapCut running an ad featuring your spokesperson or product before you're ready. You’d have no recourse. Worst of all? If your video includes copyrighted music or third-party content, you shoulder all legal risk.


  1. It Could Violate Agreements You’ve Made with Others


    Many small businesses use CapCut to create content that involves third parties - like influencers, voiceover artists, musicians, or even paid stock footage. But here’s the problem: CapCut’s new terms give them broad rights to reuse or distribute your content, including voices, faces, music, and logos.


    If you’ve signed any agreements that limit how content can be used or shared (like a model release, music license, or NDAs), CapCut’s automatic licensing could put you in breach of those deals without you realizing it.


    In other words: even if you had permission to use something in your video, you may not have permission to give CapCut the same rights. And unfortunately, you do, just by using the app.


Is This New?


Legally, these types of licensing clauses have been in place for years across platforms like TikTok, Instagram, and Meta. What’s striking here is that CapCut, a tool favored by marketers, not necessarily as a distribution platform, is capturing rights over internal and unpublished content.



What Marketers Can (and Should) Do

Action

Why It Matters

Audit your workflows

Treat every CapCut upload like a public release. Keep sensitive content off the platform.

Switch tools for sensitive work

Consider Adobe Premiere, Final Cut Pro, DaVinci Resolve, or VN Editor, tools with clearer or more favorable IP policies.

Inform your team and vendors

Make sure everyone involved in content creation understands the risks of uploading to CapCut.

Inform clients and partners

Transparency is critical, let stakeholders know the risks and adjust contracts accordingly.

Review your licenses and usage rights

Double-check that you’re not unknowingly passing third-party rights (like music or voiceovers) to CapCut.

Document your original content

Keep original copies and track what was made where, so you can protect your brand if disputes arise.


The Broader Trend: Convenience at the Cost of Control


CapCut’s update is part of a wider pattern among tech platforms: prioritizing access and operational flexibility over creator control. As marketers, understanding the trade-off between convenience and rights is more essential than ever.



Final Takeaway


CapCut remains a powerful, free video editing tool, especially for short-form content. But the new TOS gives ByteDance substantial claims over your assets, including drafts, internal edits, and client content.


For routine, public social clips, it might still work. However, for brand-sensitive material, please reconsider your toolkit. Preserve your IP, protect your reputation, and stay in control.



The Bottom Line for Marketers


CapCut isn’t just an editor anymore, it’s a content engine that can repurpose your work at will. If that matters to you, or your partners, it’s time to explore alternatives with stronger IP protections. Need help with this? Book a call today.

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