When does non-exclusive mean exclusive?

[flyingtadpole]

I'm sure I've seen a thread on this but searched and couldn't find...Quote:TAXI # Y090817IN NEW LISTING -- SERIOUS INSTRUMENTAL COMPOSERS are needed by a Music Producer who is creating a new independent music library and already has several TAXI composers under his roof <snipsnipsnip> His deal offer is non-exclusive (except with other libraries) and you keep 100% of the writer's share. <snippitysnip>I read this to mean "no other libraries, thankyou" therefore exclusive unless you are doing live work. Anyone...?

[didger]

Sounds to me like you can pitch to music supervisors/producers/any end user but not to other libraries. So he doesn't want to compete with other libraries to sell your music but doesn't mind you trying to get out there yourself??? Maybe counting on having better access to high end clients than we do, but allowing us to go for small gigs? Just my theory.

[slideboardouts]

Jul 2, 2009, 9:17pm, didger wrote:Sounds to me like you can pitch to music supervisors/producers/any end user but not to other libraries. So he doesn't want to compete with other libraries to sell your music but doesn't mind you trying to get out there yourself??? Maybe counting on having better access to high end clients than we do, but allowing us to go for small gigs? Just my theory.That sounds about right to me, although you *may* not be able to pitch directly to music supervisors/producers as that would encroach on the territory that the library would be trying to exploit your music in. You really won't know until the contract is in front of you and you talk about it with the library/publisher. Each one is going to be a little different. But I do think its safe to say that you could sell the music on a CD for listening purposes or anything else that wouldn't involve it being in film/telivision.-Steve

[mer]

One library I'm in discussions with wants exclusivity only in regards to my pieces being on a CD that gets sent out by libraries to their clients for their use. However, it is hard to guarantee that another library that I have the same piece with won't send it out on a CD. So I think an area of confusion is developing quickly among the newer libraries who want to be able to offer unique stuff to their clients but don't want to pay for exclusivity. Just my very newbie kind of observation... --Mer

[mazz]

For me, the best way to deal with this is to not have one piece in multiple libraries. IMO, that's why libraries are starting to stipulate that they are "non-exclusive" as long as you don't compete with them with other libraries, or pitch to the same industry that they are targeting (this last point seems to be inconsistently applied, though).As Steve said, only the contract will tell you the terms for sure.Selling a CD on CDBaby or iTunes is not necessarily competing with a music library. Heck, Moby did alright in both arenas!!Just my 2cMazz

[flyingtadpole]

Thanks all. Sounds worth a pitch and worry about the details if it passes through the screen!