Exclusive vs. Non-Exclusive Deals with Music Libraries?

A music library is a company that sells and licenses music for TV shows, advertisements, movies, and games.

Recently, licensing is often done through music libraries and publishers, which can make it harder for individual artists to handle contracts on their own.

By registering music with a library, clients can use it safely, and if any rights issues arise, the library can assist. In other words, joining a music library is a shortcut to getting licensing opportunities.

There are two main types of contracts with music libraries: exclusive and non-exclusive. Usually, contracts are made per song.

Exclusive / Occupancy

• Only the library that has signed the contract can license the song.

• You cannot use other libraries, publishers, or agencies to sell the song.

• You also cannot license the song directly to clients; it must go through the library.

• Typically, exclusive contracts do not restrict an artist’s activities, such as releasing music, distributing it, or posting on YouTube/social media.

  *Always check the actual contract, as terms can vary.

Non-Exclusive / Non-Occupancy

• You can register the song with multiple libraries.

• Artists can also license the song directly to clients without going through a library.

Why Choose an Exclusive Contract

At first, non-exclusive contracts may seem more flexible and attractive. However, exclusive contracts often lead to more licensing opportunities because:

1. Inclusion in Blanket Deals

   • Blanket deals are agreements where TV stations (like Netflix) pay a fixed annual fee and can use as many songs as needed from the library’s catalog.

   • Only exclusive songs are usually included to avoid conflicts, since non-exclusive songs could be available elsewhere even if already paid for.
     

2. International Sub-Publisher Deals

   • Libraries often partner with sub-publishers in different countries to increase licensing opportunities.

   • Sub-publishers typically require exclusivity, meaning only one library can represent the song in that region.
     

3. Maintaining Song Value

   • Libraries value songs that aren’t available elsewhere.

   • In projects with limited song selections, exclusive songs are prioritized.

Exclusive Deals by Region

If your music is performing well in one country (e.g., Japan) but you want to expand overseas, the most effective strategy is to make exclusive contracts per region.This allows each regional library or sub-publisher to handle licensing smoothly.

Contract Period

• Standard contracts last 3–5 years.

• Multi-year contracts are common for blanket deals with broadcasters like Netflix or NBC.
  

Conclusion

To maximize licensing opportunities:

• Choose the right type of contract.

• Register multiple songs.

• Understand your target market’s needs.

• Focus on sound quality and originality.
  

By doing so, more artists’ music can reach media projects and audiences worldwide.