On January 22, 2026, TikTok’s U.S. operations officially shifted to a majority American-owned joint venture. With that change comes new terms of services, app experiences, updates, and policy changes. If you are a U.S. based TikTok user who continues to use the app after January 22, 2026, then you accepted the new terms through your continued use.

While this blog post will not address every new term of service, we will be covering the ones that may affect you as a creator. If you are curious about what the new TikTok policies are and how they may affect you, please continue reading and reach out to the firm if you have any questions or concerns.

Use of Your Content: TikTok has a worldwide, royalty-free, and irrevocable license to use the content you create on their app or provide to their platform. In particular, TikTok is now able to use the content you create and post to improve the TikTok platform and develop machine learning models. It is important to note that this also applies to content you create or store inside TikTok, but have not posted yet (e.g., you have created content on the app but kept it in your “Drafts” folder on TikTok).

WHAT TIKTOK (TT) CAN DO WITH YOUR CONTENT:

1. TT can use it permanently:

–  “Worldwide, royalty-free, irrevocable” means:

• Any country
• Forever
• No payment to you

– You can’t revoke this license later, even if you delete the video. The license can continue even after deletion or account removal.

2. TT can use it for AI & machine learning:

– Your videos, voice, captions, face, movements, and style can be used to:

• Train recommendation algorithms
• Improve filters, voice models, and other AI features
• Develop future tools and technologies you may never directly see

3. Drafts count too:

– If you record or edit inside the TikTok app, even if:

• You never post it
• It stays in Drafts forever

– TikTok may still use it under their license.

If you want full control, record outside TikTok (camera app, CapCut not logged in, etc.) and upload only what you’re ready to share.

4. Others may be allowed to use it:

If you post:

– TikTok’s rights are broad. Your content may be shared, reused, or distributed through TikTok, and TikTok can allow partners or third parties to use your content depending on your settings.

– This can include:

• Reposts
• Ads
• Promotional or training uses

– You may not be credited, paid, or notified.

WHAT THIS MEANS PRACTICALLY FOR CREATORS:

Don’t put these on TikTok:

• Confidential or client work
• Unreleased music or IP you don’t fully own
• Anything you’d regret being reused years later
• Sensitive personal moments (especially of others)

Safer approach:

• Create content offline first
• Post only final versions you’re okay with being reused
• Assume anything uploaded to TikTok = public + permanent

Important nuance (good news)

• Creators still own your content copyright
• But TikTok’s license is so broad that ownership doesn’t stop them from using it

THINK OF IT LIKE THIS: YOU OWN THE HOUSE, BUT TIKTOK HAS THE KEYS FOREVER.

Advertising Compliance

TikTok may use user data and activity to personalize ads on and off the platform. TikTok’s terms also allow it to use a user’s name, username, and profile image in connection with ads, sponsored content, and other branded content the user interacts with, unless a separate commercial agreement says otherwise.

This means TikTok may use your activity and engagement, including your interactions with sponsored content, for advertisement customization purposes. They can use said sponsored content to tailor ads and show them to specific users based on (1) that user’s activity and (2) collected third-party information about that user. TikTok may also use your name and profile picture in connection with these advertisements without any compensation (unless you have a specific contract with TikTok set in place).

What Does This Mean For Me?

While you and a brand may have agreed that the sponsored content you uploaded to TikTok is only for TikTok, there is a possibility that TikTok can take your sponsored content and use it on other platforms and websites for custom ad purposes. This does not have an opt-out option.

Removing Content

TikTok can reduce visibility, restrict access to, remove content, and suspend or ban accounts if it believes content violates the application’s Terms, Community Guidelines, or “other policies.”

What Does This Mean For Me?

TikTok may remove or restrict your content, or suspend or ban your account, if your content does not adhere to their guidelines. While political content is allowed, TikTok has stated that they can restrict what viewers see in order to “protect you and others in the community.” This means that your content may not have its usual reach if TikTok believes that it harms the community.

There is no opt-out option for this, but if your account gets suspended or banned based on your content, there is an appeals process you can partake in.

We will continue to monitor any new updates to TikTok’s Terms of Service. If you find yourself in need of legal assistance in the areas of digital media, film, television, and/or intellectual property, or you have questions regarding how your business may be impacted by the U.S. version of TikTok, please contact our attorneys here.