CapCut and licensing and legal issues – what you need to know as a creator

In June 2025, CapCut, a popular video editing app owned by ByteDance (owner of TikTok), introduced changes to its terms of service. These changes sparked a storm among online creators and drew attention to key legal issues related to content licensing and user privacy protection in video editing apps.

Key changes to the CapCut Terms of Service

“By using the Services, you acknowledge and agree that CapCut does not make any promises or warranties regarding the legality or appropriateness of any content inputted or generated by you based on your inputs. You shall be solely responsible for content uploaded to or made by using CapCut, and such content is not and will not be endorsed, sponsored or approved by CapCut”. 

“All User Content will be considered non-confidential. You must not upload or make available any User Content on or through the Services or make available to us any User Content that you consider to be confidential or proprietary to any other person. When you upload or make available User Content through the Services, you agree, represent and warrant that you own such User Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit such User Content to the Services, and/or to otherwise make any use of such User Content on or through the Services”. 

“Except as expressly provided otherwise in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in User Content submitted to us, but by submitting User Content via the Services, you acknowledge and agree that you allow us to upload such content to our server and hereby grant us and our affiliates, agents, services providers, partners and other connected third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide license to use, modify, adapt, reproduce, make derivative works of, display, publish, transmit, distribute and/or store your User Content for providing the Services for you”. 

You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free fully transferable (including sub-licensable), worldwide license to use your username, image and likeness to identify you as the source of any of your User Content, including for use in sponsored content”. 

Źródło: https://www.capcut.com/clause/terms-of-service 

On 12 June 2025, CapCut updated its Terms of Service. The most significant changes concern the scope of the licence that users grant to the platform for the use of materials created in the application. The new provisions are very broad and include, among others:

• An irrevocable, worldwide, perpetual, sublicensable, transferable and free licence to use, modify, adapt, reproduce, create derivative works, distribute and store user content.
• Use of content for marketing, advertising and commercial purposes – without the need to inform or compensate the creator.
• The right to use the user’s name, surname, image, voice and pseudonym in promotional or sponsored materials.
• The licence remains in force even after the user deletes their account or material.
• CapCut may remove or block any user content at any time at its sole discretion.
• In practice, this means that any material uploaded to the application (video, photo, audio) may be used by CapCut and its partners for any purpose, even after the termination of the user’s account.

Legal issues – what do the new terms and conditions mean?

The new provisions in CapCut’s terms and conditions raise serious legal concerns, particularly in relation to copyright, personal data protection and user liability.

Copyright and the licence granted to CapCut

According to the terms and conditions themselves, the creator retains the economic rights to their works. However, by sharing material on the CapCut app, the user grants a very broad licence. This means that CapCut can use the material freely, but does not become its full owner.

However, the scope of the licence is so broad that it makes it practically impossible for the creator to control how their content is used by the platform. What is more, this licence is irrevocable and perpetual, which means that even after the material or account has been deleted, CapCut may continue to use the uploaded content.

User responsibility for copyright infringement

CapCut’s terms and conditions clearly state that responsibility for copyright infringement (e.g. using music without a licence) lies with the user and not with the platform. This means that the creator bears full legal and financial responsibility for any infringements of third-party rights. This in itself is not controversial, but in combination with the broad licence and CapCut’s lack of control over the use of content, it can be dangerous for creators.

Personal data and image protection

New provisions in the terms and conditions allow CapCut to use not only content, but also the image, voice and identification data of users in promotional materials. This may raise concerns about compliance with the GDPR, especially if users have not been informed in a clear and transparent manner about the scope of data processing.

Alternatives to CapCut – PixVerse and other video editing tools

In response to the controversy surrounding CapCut, many creators have started looking for alternatives. One of them is PixVerse, a platform for generating videos using artificial intelligence.

PixVerse’s licence policy and terms of use

Unlike CapCut, PixVerse’s terms of use do not contain such a broad licence for the use of user content. The platform uses the material solely for the purpose of providing services and developing the application. Users retain greater control over their content and have the right to delete it.

However, it is important to remember that every online platform collects and processes user data, and terms and conditions can be changed at any time. Therefore, before choosing a video editing tool, it is important to carefully read its privacy policy and terms of use.

Summary and recommendations for creators

The changes to CapCut’s terms of service in June 2025 show how important it is to carefully read the terms of use for video editing apps. A broad licence granted to the platform can lead to a loss of control over your own work and a violation of user privacy.

Recommendations for creators:

• Read the terms and conditions and privacy policies carefully
• Consider using offline editors
• Monitor changes to the terms and conditions
• Pay attention to liability for copyright infringement.

Legal perspective and the future of creators’ rights in video editing apps

Licensing issues in video editing apps are the subject of lively public debate. On the one hand, platforms need to secure the necessary rights to process and store user content in order to provide their services. On the other hand, overly broad licences can lead to a loss of control over one’s own work and potential abuse.

In the future, we can expect further developments in copyright and privacy regulations in the digital world. Creators should be aware of their rights and responsibilities and actively participate in the debate on shaping the policies of the platforms they use.

How to protect your rights as a creator?

Choosing the right video editing app depends on the individual needs and priorities of the creator. If you want full control over your content and privacy, consider using offline tools or platforms with more restrictive licensing policies. If, on the other hand, you value convenience and quick sharing of content on social media, you can use apps such as CapCut or PixVerse, but always be aware of the terms of use and potential risks.

In the digital age, intellectual property and image rights are crucial for every creator. That’s why it’s important to be a careful user and actively protect your rights in the digital world.