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What is creator monetization (IP commercialization)?

Creator monetization is converting the attention and trust a creator or public figure has built into income: brand deals, endorsements, livestream selling, licensing and owned products. It is broader than platform programs such as the YouTube Partner Program.

Also known as: IP commercialization, IP monetization, Influencer monetization, IP 商业化, IP 变现

Updated

Chinese marketers call this IP 商业化 (IP shāngyèhuà, “IP commercialization”) or IP 变现 (IP biànxiàn, “IP monetization”). In English those phrases usually refer to patents and technology transfer, so this entry uses “creator monetization”; it covers creators, celebrities and founders alike. Film, animation and game franchises monetize mainly through licensing and merchandise; the logic is similar, but this entry does not cover them.

How is creator monetization different from platform monetization programs?

Platform programs pay creators out of the platform’s own revenue, such as a share of advertising, under the platform’s eligibility rules; creator monetization also includes income paid directly by brands, buyers and licensees.

Platform programs Commercial monetization
Who pays The platform Brands, buyers, licensees
Examples Ad revenue sharing such as the YouTube Partner Program, creator funds, livestream gift settlements Brand deals, endorsements, livestream selling, licensing, own products
Terms set by Platform rules, which the platform can revise Negotiated contracts
Main risk Dependence on one platform Deals that clash with what the audience trusts the person for

What is a licensing deal for a person’s name or likeness?

A licensing deal lets another party use a person’s name, image, voice, work or trademark within an agreed scope, term and territory, in return for a fee or a share of sales.

Licensing is one route within creator monetization: the person permits others to use their identity or work instead of taking part directly.

Creator monetization (overall) Licensing
Scope Brand deals, endorsements, livestream selling, licensing, own products, live events Permission for others to use a name, image, work or trademark
The person’s involvement Usually on camera or directly involved Usually no ongoing involvement
Income Fees, commissions, revenue share, business profit A flat fee, or a fee plus a royalty on sales
Main risk A poor product or partner choice erodes trust The licensee’s product quality and use of the name affect the person’s reputation

In mainland China, a licensing deal falls under two kinds of law. For intellectual property, a trademark license requires the licensor to supervise the quality of the licensee’s goods (Article 43 of the Trademark Law now in force;⁠1 from January 1, 2027, Article 55 of the law as revised in 2026⁠2⁠), and works are licensed under copyright. For the person, the Civil Code forbids making, using or publishing someone’s portrait without consent, or infringing portrait rights by forging a portrait with information technology (Article 1019), sets rules on the term and termination of portrait licenses (Article 1022), and applies them to names, with the voice protected by reference to portrait rights (Article 1023).⁠3 In the US, the equivalent protection is the state-law right of publicity; see IP.

Which disclosure rules apply when creators promote products?

In both the US and mainland China, a creator who promotes a product for a brand must make the commercial relationship clear; China also requires endorsers to have used what they recommend.

United States Mainland China
Legal basis FTC Endorsement Guides, 16 CFR Part 255, revised 2023 Advertising Law;⁠4 Measures for the Administration of Internet Advertising; Livestream E-commerce Measures⁠5
When to disclose Any financial, employment, personal or family relationship with the brand, including free or discounted products Promotion through knowledge-sharing, experience-sharing or reviews that carries a purchase link must be labeled as an advertisement (Internet Advertising Measures, Art. 9)
How Hard to miss, placed with the endorsement itself, in simple, clear language (FTC, Disclosures 101) Clearly labeled as advertising
Endorser duties Disclose the connection Recommend only on the basis of fact, and only goods or services actually used (Advertising Law, Art. 38); livestreams that amount to advertising carry advertising-law duties (Livestream E-commerce Measures, Art. 35)
Posting from abroad US law applies if it is reasonably foreseeable that the post will affect US consumers —

These rules set the limits of monetization: which deals are acceptable, how content is labeled, and what the contract must cover.

Further reading

Notes

  1. 《中华人民共和国商标法(2019年修正)》 (Trademark Law of the People’s Republic of China (as amended in 2019))China National Intellectual Property AdministrationSourceChecked Unofficial translation↑
  2. 《中华人民共和国商标法》 (Trademark Law of the People’s Republic of China (revised 2026))China National Intellectual Property AdministrationEffective SourceChecked Unofficial translation↑
  3. 《中华人民共和国民法典》 (Civil Code of the People’s Republic of China)National People’s CongressEffective SourceChecked Unofficial translation↑
  4. 《中华人民共和国广告法》 (Advertising Law of the People’s Republic of China)Standing Committee of the National People’s CongressPublished SourceChecked Unofficial translation↑
  5. 《直播电商监督管理办法》 (Measures for the Supervision and Administration of Live-Streaming E-Commerce)State Administration for Market Regulation and Cyberspace Administration of China令第 117 号Effective SourceChecked Unofficial translation↑