Exclusive VS Non-Exclusive Music Publishing: A Musician's Guide

For any music producer or musician, deciding whether to sign an exclusive or non-exclusive publishing deal is a significant choice. Both models have their own advantages and disadvantages, and it’s important to understand how each one aligns with your career goals.

Exclusive Publishing Deals

Pros

1. Time-Saving: An exclusive deal means you only have to manage your relationship with one publisher or music library. This centralizes your licensing efforts and streamlines your communications.

2. Higher Royalties: Many exclusive publishers offer better royalty rates compared to non-exclusive deals. By offering exclusive music, you may receive a larger cut of the licensing fees.

3. Upfront Payments: Some exclusive deals come with upfront payments or advances, which can be a great incentive if you need cash flow.

4. Priority Promotion: Exclusive publishers and libraries often prioritize exclusive tracks in their catalogs. They tend to push these songs harder because they have an invested interest in getting placements.

5. Marketing Focus: With all your music in one catalog, it’s easier for you (or the publisher) to concentrate marketing and promotional efforts, which can increase your chances of success.

6. Standardized Licensing Fees: Exclusive deals eliminate the inconsistencies that can arise when different music libraries set different prices for your tracks.

7. No Title Conflicts: Since the publisher has exclusive rights to your music, there is no risk of retitling or re-registering tracks with a performing rights organization (PRO), avoiding issues over royalty distribution.

8. High-Tier Access: Many top-tier publishers and music libraries only accept exclusive music. By going exclusive, you might gain access to higher-quality opportunities.

9. Supervisors Prefer Exclusivity: Some music supervisors prefer working with exclusive music because they know it’s not floating around multiple libraries with conflicting terms.

10. More Motivated Publisher: When your publisher has exclusive rights, they’re more invested in promoting and selling your music to maximize licensing fees.

Cons

1. All Eggs in One Basket: Signing an exclusive deal means placing your entire catalog with one publisher. If they fail to promote your music effectively, your work might languish.

2. Stuck with an Inactive Publisher: If the publisher doesn’t push your music, you could miss out on opportunities. This is why it's important to sign deals with reversion clauses (explained later).

3. Missed Opportunities: You could lose the chance to license your music elsewhere, which could limit exposure and potential revenue.

4. No Reversion Clause: Some exclusive contracts don’t include a reversion clause, meaning your music could be tied up indefinitely.

Non-Exclusive Publishing Deals

Pros

1. Wider Net: You can license your music through multiple libraries and publishers, increasing the likelihood of securing placements.

2. Less Risk: If one library or publisher goes out of business or underperforms, your music is still available elsewhere.

3. Future Freedom: You have the ability to explore new licensing opportunities without restrictions since your music isn’t locked into one publisher.

4. Flexibility: You maintain control of your music and can experiment with different licensing options to see what works best.

5. More Exposure: With your music available in multiple libraries, it’s more likely to be heard and potentially licensed by a wider range of clients.

6. Adaptability: If your music isn’t gaining traction with a particular library, you can move on to another one without losing momentum.

Cons

1. Lower Commissions: Non-exclusive deals often come with lower royalties or commissions compared to exclusive contracts.

2. Less Promotion: Non-exclusive tracks may not receive as much attention or marketing push as exclusive ones, making it harder to secure prominent placements.

3. Re-Titling: Some non-exclusive music libraries practice retitling—where the track is given a new title to avoid confusion. This can complicate royalty tracking and payments.

4. Price Conflicts: There’s the possibility that the same music could be pitched to the same client with different pricing from different libraries, creating confusion and possibly driving the price down.

5. Supervisors Avoid Non-Exclusive: Some music supervisors prefer to avoid non-exclusive tracks to ensure there are no licensing conflicts.

6. More Time Required: Non-exclusive licensing requires more effort to upload, keyword, describe, and maintain music across multiple platforms.

Which Option Is Right for You?

The ideal strategy for many producers is to have a mix of both exclusive and non-exclusive deals. Some of your music can be licensed exclusively to high-tier libraries or publishers, while other tracks can remain non-exclusive, giving you a wider reach. The goal is to strike a balance that maximizes both your exposure and income.

Important Tip: Reversion Clause

No matter which route you choose, it’s crucial to avoid signing a deal that grants a publisher or library exclusive rights "in perpetuity" (forever). Make sure the contract includes a reversion clause, which ensures that the rights to your music revert back to you after a certain period (e.g., 3-5 years). This gives you the flexibility to reassess the deal and do something different if your music isn’t performing well.

Conclusion

The decision between exclusive and non-exclusive publishing comes down to your personal goals, the kind of music you make, and your comfort level with risk. Exclusive publishing can give you higher commissions and a dedicated partner to promote your music, but it carries the risk of limiting your opportunities if the publisher doesn’t perform. On the other hand, non-exclusive publishing allows for more flexibility and broader reach, but often comes with lower earnings and more effort to maintain.