Sync11 min read
Exclusive vs non-exclusive music libraries: retitling and Content ID
Exclusive vs non-exclusive music library deals explained: retitling, Content ID conflicts, backend, samples and the contract clauses to check before you sign.
By Daniel Angelucci, composer and founder of DADAAUDIO
An exclusive music library is the only company allowed to represent a track, usually as its publisher, so you can't place that track anywhere else. A non-exclusive library represents it alongside anyone else you choose, including you. Neither is better in itself: exclusive deals tend to give one clean owner and one title per track, non-exclusive deals give you freedom but bring retitling and YouTube Content ID problems with them. What decides it is the contract, so this guide explains the three models and the clauses to read before you sign.
This is practical information, not legal advice. For a real contract, ask a music lawyer in your country.
The three models: exclusive, non-exclusive, semi-exclusive
The words get used loosely on library sites and in forums, so it helps to pin them down.
| Exclusive | Non-exclusive | Semi-exclusive | |
|---|---|---|---|
| Who can license the track | Only the library | The library, other libraries, you | Only the library, but you may license it yourself (or the library retitles it) |
| Title and registration | One title, library usually registered as publisher | Often a new title per library (retitling) | Depends on the variant |
| Content ID | Library can usually register it | Normally not eligible (see below) | Depends on the variant |
| Your control | Low, sometimes for good | High | Medium |
Exclusive. As entertainment lawyer Jennifer Newman Sharpe puts it in a CD Baby DIY Musician guide, the library is "the only company allowed to represent your content". In most exclusive deals the library takes the copyright or the publishing, registers the work with the performing rights organisation (PRO) as publisher and decides how it is licensed. Some deals last forever; others give the track back after a set number of years.
Non-exclusive. You keep the rights and can put the same track in several libraries, pitch it yourself, or sell it on your own site (Music Library Report).
Semi-exclusive. This means two different things depending on who says it. In a Music Library Report forum thread, composers describe either a library that retitles your track and registers its version as publisher while you keep the original, or a library that represents the track exclusively against other libraries but still lets you license it directly. Always ask which one is meant.
Composers argue about which pays better in long-running forum debates, and the honest answer from those threads is that people make money both ways, often by keeping a mixed catalogue: some tracks exclusive with a strong library, others non-exclusive, and the best ones held back for direct pitching.
From my own experience
For years I've worked, and still work, with one library in particular: Musicvine. I've also had the not-so-common experience of having a dedicated artist manager there. What convinced me to join was a recommendation from a composer friend and, above all, an article on Medium by their founder, which lays out a series of problems in the music industry that need attention. I share his view completely. That, plus a well-run organisation, led me to give them my whole catalogue exclusively, and years later they haven't disappointed me in the slightest. They've grown slowly but steadily, and I'm proud to be on their roster.
In my case I can decide track by track whether a piece goes to them exclusively or not. My very personal advice: trust the people who communicate with you sincerely and directly, and who share your values. Things will go well.
What retitling is, and why people dislike it
Retitling means registering the same recording under a different title for each non-exclusive library. Your "Midnight Drive" becomes "Neon Highway" at one library and something else at the next. As Atomica Music explains, it exists so each library can register its own title and publisher with the PRO and collect the publisher's share on the placements it made.
That worked when cue sheets were the only way placements were reported. It works less well now that broadcasters and PROs identify music by audio fingerprint. The forum thread above quotes the concern clearly: systems like Soundmouse, BMAT and TuneSat recognise the audio, not the title, so if the same audio is registered under several titles and publishers, a detected use can be credited to the wrong one. Atomica's summary is blunter: when nobody can tell which registration is right, nobody gets paid.
Other problems people raise:
- Supervisors get confused. The same audio arriving from two companies under two titles makes them wonder who really controls it, and a doubtful track is an easy one to drop.
- The library may collect forever. Sharpe's guide warns that a retitled version can stay registered to the library "in perpetuity", which reduces the value of your own publishing.
- Registration rules. Some libraries ask that the track has never been registered, or that you remove an existing registration, before they retitle it.
- The industry is moving away from it. Atomica reports that PROs have become less supportive and that more libraries now want one title and one publisher per track.
If a library offers retitling, ask how it registers the title, whether it registers the audio with any fingerprinting or Content ID service, and what happens to that registration when you leave.
How Content ID conflicts happen
YouTube's own rules settle most of this. Its page on content eligible for Content ID says you must have exclusive rights to the reference material in the territories you claim, and lists "content licensed non-exclusively from a third party" as not eligible. The same page says so-called "royalty free" production music libraries licensed for soundtracks must go to manual review before claiming, and that sound effects, soundbeds and production loops are not eligible at all.
In practice the trouble starts when a non-exclusive track ends up in Content ID anyway. A Music Library Report thread on Content ID lists the usual ways: a library's distribution partner uploads the catalogue, a customer edits a track and claims it as their own, someone steals it through a distributor, or one of several non-exclusive libraries signs up with a claiming service. Then a client who paid properly for a licence gets a copyright claim on their video, possibly from a company and under a title they have never heard of. The client blames the library, the library blames you, and you spend a week on emails.
Three practical rules follow:
- Only one party should ever register a track in Content ID, and only if it holds exclusive rights.
- Non-exclusive tracks should stay out of Content ID, and your contract should say the library won't register them.
- Write down where every track is signed. When a claim appears, you need to know in minutes who could have caused it.
How the money usually works
Library deals bring money in two ways: the sync fee (paid when someone licenses the track) and the backend (performance royalties when the programme is broadcast or streamed, reported on a cue sheet).
Sync fees are split between you and the library. The percentage varies from deal to deal and library to library; read the number in the contract rather than trusting a figure you heard in a forum. Some libraries also sell blanket licences (a production company pays once for access to the whole catalogue). Sharpe's guide warns that in blanket deals the composer may see little or none of the fee and rely mainly on performance royalties.
The publisher's share of performance royalties usually goes to the library when it acts as publisher, which is the point of retitling and of most exclusive deals.
The writer's share is yours. In the US, PROs pay writers and publishers their royalties directly rather than through the publisher, as the US Copyright Office explains. Songtrust's example shows ASCAP sending half to the writer and half to the publishing side. Societies elsewhere (PRS in the UK, SIAE, GEMA, SACEM, SOCAN and others) have their own rules on how the work is split, so check yours. What matters is that you are registered with your society as a writer on every work, under every title it is known by.
Direct licences and royalty-free models
Not every licence produces backend.
- Direct (or source) licence. The user pays you, or the library, for the performance right directly, instead of through the PRO. BMI says it must be told in writing within ten days of the licence or three months of the performance, whichever comes first, and that it pays no royalties for performances covered by a direct licence; if it already paid, it debits the account. Check whether your library issues direct licences on your music and whether it tells your society.
- Royalty-free. The buyer pays once for a perpetual licence and owes no further fee. As composers point out in a thread on royalty-free sites, that doesn't stop a broadcaster with a PRO licence from reporting the use on a cue sheet; it is the network, not the buyer, that pays for performances. For corporate videos and online use with no PRO-licensed broadcaster, there is usually no backend at all.
Samples in library music
Royalty-free sample packs are licensed non-exclusively: thousands of people have the same loop. Splice's licensing FAQ says its licence allows commercial use including sync, but forbids passing sounds on "in isolation" as loops or source material, and offers a certified licence PDF you can show when a platform flags your music.
The trouble for library music is twofold. First, a recognisable loop can trigger Content ID claims when someone else's track using the same loop is registered, as composers describe in a thread on Splice samples. Second, stems can expose a sample on its own, which may break the pack's licence. The same thread reports that some libraries screen for pack samples and reject tracks built mainly from them. The common advice there: use packs for one-shots, hits and effects, play melodic and vocal ideas yourself, and tell the library what is in the track. Keep the licence for every pack you use.
The contract clauses to check
Before signing with any of the music libraries accepting submissions, read these clauses. You'll find every question, with space for the answers, in the free Music library contract checklist (PDF and spreadsheet).
Download the Music library contract checklist
- What you grant. Copyright assignment, a publishing share, or only a licence to represent? Composition only, or the recording too?
- Exclusivity scope. Exclusive against other libraries only, or against you as well? Does it cover alts, cutdowns and stems, and similar tracks you write later?
- Term. Fixed years, renewable, or in perpetuity?
- Territory. Worldwide, or named countries?
- Reversion. Do tracks come back after a set time, or if they earn nothing? Do licences already granted keep running? Does the library remove its registrations when they do?
- Retitling rights. May the library rename the track? Under what title and publisher will it register it, and with which societies?
- Content ID administration. Who registers the track with YouTube and other fingerprinting services, and who releases a wrong claim, how fast?
- Sync fee split and blanket deals. Your percentage of each licence, and how blanket or subscription income is shared.
- Direct licences. Can the library waive performance royalties for a client, and will it tell you and your society?
- Accounting and audit. How often you get statements, what they show (client, use, territory), and whether you can check the books.
- Termination. How either side can end the deal, and what happens to your tracks if the library is sold or closes.
- Approval rights. Can you refuse certain uses (political ads, adult content)?
- AI clause. Can the library, or anyone it licenses to, use your music to train AI models or make derivatives? Many contracts were written before this was an issue; as Zeal argues, training rights need to be stated explicitly, so ask for a clear no or a clear opt-in.
- Samples and warranties. What you promise about third-party material, and who pays if a claim turns up.
Know what every track is signed to, with Aerie
Once tracks sit in several deals, the hard part is remembering which is which. In Aerie, every track has a Sync Passport: exclusive or not, Content ID, samples, restrictions and the licensing contact, with the signed contract attached to the track itself. Catalogue health points out the tracks still missing a licensing contact or a one-stop status. When a claim or a supervisor's question arrives, the answer is one click away.
Frequently asked questions
Is it better to sign with an exclusive or a non-exclusive music library?
It depends on the library and the contract. Many composers keep a mix: their strongest pitching tracks exclusive with a library that actively places music, and others non-exclusive for wider reach.
Can I put the same track in several non-exclusive libraries?
Yes, if every contract is non-exclusive, but each library may retitle it and none of them should register it in Content ID. Keep a record of where each track is so you can deal with claims and duplicate registrations.
Does a royalty-free licence mean I get no performance royalties?
Not necessarily. The buyer pays no further fee, but if the programme is broadcast by a network licensed by your PRO and the cue sheet is filed, performance royalties can still be paid. A direct licence, on the other hand, replaces them.
Why did my library track get a Content ID claim?
Usually because someone registered the same audio, or a sample it contains, in Content ID: another library, a distributor, a customer, or a third party. YouTube says non-exclusively licensed content isn't eligible, so ask the claimant to release it and show your contract or sample licence.
Do I keep my writer's share in a library deal?
In most library deals, yes: the library takes the publisher's share, and your PRO pays the writer's share to you directly. Read the contract to make sure nothing assigns it away, and register as a writer with your society.
Sources
- Content eligible for Content ID, YouTube Help
- Sync licensing explained: read this before signing with a music library, CD Baby DIY Musician (Jennifer Newman Sharpe, 2015)
- Retitling in production music: what it is and why it matters, Atomica Music
- Exclusive and non-exclusive music libraries, Music Library Report
- Exclusive vs non-exclusive strategy, Music Library Report forum
- Questions about semi-exclusive libraries and retitling, Music Library Report forum
- YouTube Content ID question, Music Library Report forum
- Royalty-free sites and direct licence, Music Library Report forum
- Using Splice samples: is it problematic?, Music Library Report forum
- Splice Sounds licensing FAQ
- How songwriters, composers and performers get paid, US Copyright Office
- What are writer performance royalties?, Songtrust
- Miscellaneous royalty rules (direct and source licensing), BMI
- What music industry contracts are missing in the age of AI, Zeal
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