Exclusive vs non-exclusive sync licence: what is the difference?

Exclusivity is one of the few sync licence terms that changes who else can use the music. It matters to buyers, who sometimes want a song that nobody else has, and to artists, who can lose years of income by agreeing to it cheaply. Here is what each option means and where each one is normal.

What does a non-exclusive sync licence mean?

A non-exclusive sync licence gives you permission to use a song or recording in your project while the rights holder stays free to license the same track to other people. Your licence is just as valid whether one person holds a licence for that track or a hundred do. You simply cannot stop others using it.

This is the normal arrangement for most creator uses: YouTube videos, podcasts, social posts and independent films. It is also what keeps per-song prices affordable, because the artist is not giving anything up by saying yes to you.

What does an exclusive sync licence mean?

An exclusive sync licence means the rights holder agrees not to license the track to anyone else within the deal's scope. That scope is usually limited by a term, such as the length of a campaign, a territory, such as Australia, a medium, such as television, or a category, such as other car brands.

Category exclusivity is the common middle ground: nobody else in your industry or competitive set can use the track, but the artist can still license it for unrelated uses. Full exclusivity, where nobody else can use the track at all, is the most expensive version.

Which sync deals are usually exclusive?

The Arts Law Centre of Australia says that, generally, licences for a feature film, TV series or streaming series are non-exclusive, while a licence for an advertising campaign is exclusive during the term and in the territory of that campaign. Brands want their song tied to them, not to a competitor running the same month.

Arts Law also notes that ad licences may be limited by format, such as radio and television only, or internet only, while film licences tend to cover all formats. Every one of those limits narrows what the buyer gets, and so should be reflected in the fee.

Should an exclusive licence cost more?

Yes. With exclusivity the artist gives up every other licence for that track inside the agreed term, territory or category, so the fee has to cover that lost income. The wider and longer the exclusivity, the more it should cost. A perpetual, worldwide exclusive for a small fee is almost always a bad trade.

Sync agent Tyler McLoughlan told APRA AMCOS that brands often ask for perpetual online use, and that artists should understand the licence terms before approving. Pricing in general is covered in how much to charge for a sync licence.

What should artists check before agreeing to exclusivity?

Before agreeing to exclusivity, check exactly what is exclusive and for how long. Confirm the term, the territory, the media and the category, whether existing licences for the track are affected, and whether any other deal you have signed already promises the track to someone else. Get every one of those answers in writing.

• Does exclusivity end when the campaign ends, or never?
• Is it one country, or worldwide?
• Is it one category, or every use of the track?
• Does it conflict with a library, agent or marketplace deal you already have?
• Is the fee high enough to cover the sales you are giving up?

Is a cadential. licence exclusive or non-exclusive?

Non-exclusive. A cadential. licence lets the buyer use the track in one project for the use type they bought, while the artist keeps ownership and can license the same track to others, on cadential. or anywhere else. Artists set their own prices and keep 80% of every licence fee paid.

Each licence is a written document with a licence number that can be checked online. The standard terms are on the licence terms page, and artists can read how listing works on the for artists page.

Related reading:

• How independent artists get sync deals
• Music licensing for ad campaigns in Australia
• Sync licensing glossary

This guide is general information, not legal advice. For advice about your own project, talk to a lawyer. Licence details on cadential. are set out in the licence terms.