Who Really Owns Your Content on Substack?

Substack is one of the most prominent email service providers (ESPs). 

You may have a content creator, journalist, or author who you’re interested in. 

You subscribe to them on Substack, and sometimes, in return for a small (or large) monthly fee–a great way for well-known creators to create a revenue stream in their niche.

Many of beehiiv’s creators have used Substack in the past.

“I started on Substack before coming to beehiiv,” said Samir Mezrahi, the creator behind Zillow Gone Wild, the popular social media trend and newsletter changing how we perceive, view, and purchase homes through Zillow.

When creators need an effective platform to help drive their brand and engagement, they turn to email marketing.

“I’ve been in social media for over ten years, and social platforms are scary. They’re always changing the algorithms and decreasing your reach. It’s always a constant chase,” stated Mezrahi.

But who owns the content once you publish it on Substack?

With the rise of platforms like Substack, knowing where you stand regarding content ownership is crucial.

The good news is that Substack respects creators’ rights and allows you to retain full ownership of your work.

Let’s dive deeper into content ownership on Substack!

How to Understand Content Ownership on Substack?

Moyo Sulyman, the founder of AI With Vibes, shared, “I started on Substack because I didn’t know what beehiiv was at that particular time. But, Substack had, I think, a three-hour delay when it comes to the analytics, which was so annoying.”

Migrating to a new platform like beehiiv may concern writers with archive and current content on Substack. Terms of agreements and legal jargon can be a turnoff when signing up for new social media platforms or software—but don’t let them be.

Despite the lengthy agreements—review, review, review.

In Terms of Service

When you look up Substack’s Terms of Service (TOS), you will see the Terms of Use (TOU) Agreement.

One of the headers is titled ‘Posting Content on Substack,’ which starts with, “First and foremost, you own what you create.”

This is excellent for you!

The TOU continues, “Any original content you post, upload, share, store, or otherwise provide to Substack remains yours and is protected by copyright and other applicable intellectual property laws.”

Substack’s terms clearly state that you, as the creator, retain all ownership rights to the content you publish on their platform.

Substack also protects the rights of its other users with a ‘Don’t Infringe’ clause.

The clause says, “Your Posts should not violate someone else’s (including Substack’s) rights.”

It continues, “Don’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content.”

In Legal Terms

By publishing on Substack, you grant Substack a ‘Limited License’ that states, “To display your Posts on Substack, and to allow other users to enjoy them, you grant us certain rights in your Posts.”

The section continues with different sections like “Operating Substack: You hereby grant Substack a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within Substack…”

Or “Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in posts is not affected.”

This license does not transfer ownership to Substack.

If you’re planning on moving to beehiiv, don’t sweat, beehiiv’s Publisher Agreement has a header called ‘Ownership’ starting with, “First and foremost, you own what you create.”

What Rights Do You Retain as a Substack Creator?

As the content owner, you’ve several rights and privileges on Substack.

Below, we will explore Intellectual Property Rights and Sharing and Licensing of Your Content.

Intellectual Property Rights

Substack has an ‘Intellectual Property and Reporting Infringement’ clause in its TOU.

“We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.”

It then continues, “You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on Substack.”

Substack also links to its ‘Copyright Dispute Policy’ and the ‘Digital Millennium Copyright Act,’ which governs how it handles these reports.

Additionally, Substack adds that the TOS doesn’t grant you (creator) any right, title, or interest in Substack, its trademarks, logos, or any other intellectual property.

Still, feel the itch to move from Substack?

Don’t worry; beehiiv also has an ‘Intellectual Property Rights’ section in its TOU.

Mike Miller, writer and editor of The Field of 68 Daily, said this about his move to beehiiv from Substack:

Sharing and Licensing Your Content

Since you own your content, you can share or license it to others as you see fit.

Substack has a robust ‘Acceptable Use Policy’ in their TOS agreement.

It starts with a clear statement about breaking the law, “You are responsible for all your activity in connection with Substack! Make sure that you use Substack in a manner that complies with the law.”

The Acceptable Use Policy continues, “If your use of Substack is prohibited by applicable laws, then you aren’t authorized to use Substack. We can’t and won’t be responsible for you using Substack in a way that breaks the law.”

Substack then leads you to its ‘Content Guidelines,’ which contain legal, general, hate, private information, plagiarism, impersonation, and more clauses.

Reading the Content Guidelines section before you start your Substack journey can help you create content that is engaging and within the regulations of Substack rules.

beehiiv’s TOU also offers a similar ‘Acceptable Use’ clause as Substack, so you don’t have to worry about moving your content from Substack to beehiiv.

“I felt that I was taking a risk in mid-2022 when I chose the relatively new beehiiv over the more-established Substack for launching the Better Gift Coach newsletter. As they say, the greater the risk, the greater the reward...and in this case...beehiiv has continued to exceed my expectations,” wrote Patrick Kucharson, creator of Better Gift Coach.

Why Trust Me

Linda Hwang has extensive experience in B2B marketing and previously worked at a renowned international facilities management company. She played a crucial role in creating effective content and social media marketing plans there. Now, Linda is a marketing consultant who helps small businesses create compelling brand stories.

How to Protect Your Content on Substack?

“I was hearing about people starting to use it or shifting over from Substack,” said Jon Finkel, acclaimed author, fitness enthusiast, and Books & Biceps newsletter creator.

While Substack respects your content ownership, taking proactive measures to safeguard your work is still essential.

So, how do you “safeguard” your intellectual content?

Let’s start with strategies for securing your content.

Strategies for Content Security

Here are some essential technical and practical measures to secure your content:

Watermarking Images: Watermarking your images can deter unauthorized use and help you identify the source of the content. Make sure the watermark is visible.

Digital Rights Management (DRM) Tools: These tools can help you control access to your digital content by managing permissions and restrictions, preventing unauthorized distribution, and ensuring that only authorized users can access the content.

Digital Rights Management Tools

Adobe Primetime DRM

With a 4.3-star review on Gartner, a popular software and services review platform, Adobe Primetime DRM is the number one product in its category. Reviewers gave high ratings for its ability to integrate and deploy and outstanding service and support.

Digital Right Management by Digify

With a 4-star review on Gartner, Digify comes second in the Digital Rights Management category. Users have said it is an outstanding product for digitized content by purchasers and the ability to protect copyright holders. It scored 5 stars for integration and deployment.

Implementing Copyright Protection

Copyrighting conveys that you value your creations and are serious about safeguarding your rights.

To protect your work, you can do the following:

• At the bottom of each newsletter article or website content, include a copyright notice with the year and your name or company name, such as "© 2024 [Your Name/Company]". This serves as a legal notice of ownership.

• While not required for protection, registering your work with the U.S. Copyright Office provides additional legal benefits if you need to pursue infringement claims.

• If you publish articles on your website, use technical measures like disabling right clicks, print screening, and text selection to prevent visitors from copying and pasting your content illegally.

Both Substack and beehiiv have policies and processes in place when it comes to copyright infringement.

beehiiv has got your back when it comes to your content.

One of our many creators, Sarah Floris, of A Dutch Engineer, had this to say about beehiiv, “I was annoyed with Substack because: 1. No automation (What API?) 2. Little analytics 3. No easy way to separate multiple newsletters 👉 This is your sign to make the switch to @beehiiv.”

Responding to Plagiarism

Merriam-Webster dictionary defines plagiarizing as “to steal and pass off (the ideas or words of another) as one’s own: use (another’s production) without crediting the source.”

Discovering that your content and creativity have been plagiarized can be frustrating and disheartening. If you find yourself in this unfortunate situation, it is crucial to take quick action to protect your intellectual property rights and prevent further infringement.

• Gather evidence of the plagiarism, such as screenshots, URLs, and timestamps.

• Draft a formal cease-and-desist letter to the offending party, demanding they immediately remove the plagiarized content and refrain from further misuse of your work.

• Reporting the infringement to the hosting service provider is essential if the plagiarized content is hosted on a website or platform.

• Some offenders may choose to ignore your cease-and-desist letter. You may need to escalate the matter by consulting with an intellectual property attorney.

Substack has a section in its ‘Content Guidelines’ about plagiarism, as does beehiiv (in its Publisher Agreement). Just like in school—don’t publish any material that was written or created by someone else and claim it as your own.

William Watts, creator of Open Note Grappling, had this to say about switching from Substack to beehiiv, “ I started on Substack but switched to beehiiv, and I wish I found it sooner. beehiiv is so easy to create content and build a platform off of. 10/10.”

Can Substack Use Your Content Without Permission?

The simple answer is no.

Substack cannot use your content without your permission.

Final Thoughts

As a creator on Substack, you maintain full ownership of the content you publish.

Substack’s platform helps creators and respects their intellectual property rights. By understanding your rights and taking appropriate measures to protect your work, you can confidently share your content on Substack while retaining control over its use and distribution.

But if you’re looking for an email newsletter platform that offers powerful analytics, ease of use, and monetization capabilities, beehiiv is the platform for you.

Sulyman shared, “So after I sent maybe two issues with Substack, I was like, ‘I need a new tool.’”

Sulyman continued, “From the outside looking in, it just seems like a vibe. I feel that energy transfers into the product. In my opinion, beehiiv is just the best email tool right now. If you are looking to be a newsletter, beehiiv is for you.”

Explore the beehiiv platform today and unleash your creativity with the peace of mind that your content remains yours.

Does Substack Own Your Content: Frequently Asked Questions

How Does Substack Handle Copyright Infringement Claims?

Substack has a process for handling copyright infringement claims, as outlined in its ‘Copyright Dispute Policy.’

You can either fill out the Substack Form or email [email protected].

Once Substack has received a notice of complaint meeting the DMCA’s requirements, the materials identified as infringing are removed or disabled.

If you receive a copyright notice against your Substack account, you can dispute it by filling out a form. The rightsholder has ten business days to initiate legal action or notify Substack.

Do I Lose Any Rights When Publishing on Substack?

No, you do not lose any rights when publishing on Substack.

The only right you grant Substack is a limited license to use your content to provide their services.

Can I Republish Content from Substack to Other Platforms?

Yes! Since you own the content you publish on Substack, you can republish it onto other platforms.

Remember to review the TOS continuously for Substack if there are changes to the use of content.