Exclusives

[HaynesMusic]

Hello,

Two quick questions about exclusive deals:

1. Can I use tracks on exclusive deals if the tracks have been used once on bespoke music jobs?

2. Can I use tracks on exclusive deals if they’ve been released on iTunes/Spotify?

Apologies if either of these have already been asked – I did a search but couldn’t find the answers.

Thanks,

Ben

[Paolo]

the answer to your 1 and 2 is it depends on your agreement with the exclusive library. I had an exclusive deal/contract that stated I can sell that music on iTUnes, CD Baby, etc BUT not place it with another library or license it for TV usage. Other Exclusives will have agreements that say it’s theirs – all theirs!

It will vary from library to library.

[HaynesMusic]

Thanks Paolo.

[Pat]

Maybe I’m wrong but that sounds like semi exclusive to me.

[Music1234]

1. Can I use tracks on exclusive deals if the tracks have been used once on bespoke music jobs?

You mean demos for TV spots or TV shows that never were picked up? YES you can and should as smart people get paid eternally for their works. All of my unsold jingle demos have been in NE libraries and Direct Licensing stock music sites and those assetts earn away and I control the assetts 100%

2. Can I use tracks on exclusive deals if they’ve been released on iTunes/Spotify?

I certainly hope so! If you give your music to exclusive publishers for $0 in perpetuity you may as well go and find another business. That is NOT how you make money in this business. And yes, I now have all kinds of music streaming away on Spotify, I-tunes, etc (Personal end consumer listening market)…and I am am earning some meaningful royalties in that arena too.

[HaynesMusic]

Hi Music1234,

Thanks for your reply.

In my first question – no, not demos, but tracks that I have been commissioned to write for a project – for example, an explainer video – that has been used and is out there on Youtube.

I still own the rights to the music so can license it, but just looking at options and wondering if it can go to exclusive libraries.

[Music1234]

@HaynesMusic – I am not a fan of any exclusive agreement ESPECIALLY if you are talking about music for a tutorial. Clearly that would be a music bed to support VO, not intrude on the message, and play a support role in a video. Why would you suddenly want to sign that to an exclusive publisher when you can simply retain ownership and eternally “rent” the track (License it) to any customer who may need it? And do so across several music licensing platforms?

Only the exclusive publisher could answer your question though. If you asked them “this was used in a tutorial on youtube already, do you want to take it in anyway?” They may take it. It really is not exclusive because it’s already out there being used. They would not be the first party to bring the track to market and make it available for licensing.

[Author]

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