Best Business Practices for Photographers [213]
Definition: A right that, when granted by a licensee, limits how the licensor (and other parties offering licenses of the work) May allow any third party to use the work in relation to a specified type or types of companies.
Additional Info: Often combined with other types of exclusivity, such as duration and geographic.
Term In Use: "The client purchased industry exclusivity for automotive advertising."
Language Exclusivity – Language Exclusive
Definition: Describes a right that, when granted to a licensee, limits how the licensor (and other parties offering licenses of the work) May license rights in a work to a third party for use accompanied by text in specified languages.
Term In Use: "The client purchased language exclusivity for Farsi."
Media Exclusivity – Media Exclusive
Definition: A right that, when granted by a licensor to a licensee, limits the right of the licensor (and other parties offering licenses of the work) to license the right to any third party to use the work in specified media.
Term In Use: "He could not grant a license to use that image for a newspaper ad campaign because he had already granted media exclusivity of that image to another client."
Non-Exclusivity
Definition: A type of right granted by the copyright owner. The licensor (and other parties offering licenses of the work) May license similar, related, or identical rights to another licensee at any time.
Additional Info: A purchase option that must be negotiated. Unless the right of exclusivity is expressly granted by a licensor to a licensee, any other rights granted under a license are non-exclusive by default.
Term In Use: "A competing magazine was able to use the same image on the cover because they had only negotiated for non-exclusivity of the photo."
Periodic Exclusivity
Definition: A right that, when granted by a licensor to a licensee, limits the right of the licensor (and other parties offering licenses of the work) to license the right to any third party to use the work during a specific period of time.
Term In Use: "Because of the periodic exclusivity licensed for the image, it could only be used March 1 through March 31, 2006."
Product Exclusivity – Product Exclusive
Definition: A right that, when granted by a licensor to a licensee, limits the right of the licensor (and other parties offering licenses of the work) to license the right to any third party to use the work in relation to a specified product category.
Term In Use: "The client decided to purchase product exclusivity so he could avoid having the same image usage by his competitor."
Regional Exclusivity – Regional Exclusive
Definition: A right that, when granted by a licensor to a licensee, limits the right of the licensor (and other parties offering licenses of the work) to license the right to any third party to use the work in specified geographic regions.
Term In Use: "Because this client purchased regional exclusivity , we cannot offer the same region to another client."
Rights Exclusivity
Definition: A right that, when granted by a licensor to a licensee, limits the right of the licensor (and other parties offering licenses of the work) to license rights in a work to a third party.
Additional Info: An exclusive May be broad or specific. The rights grant May provide the licensee with exclusive rights to use a work singly or in any combination of: a specified media, industry, territory, or language, or for a specific time period, product, or other specific right negotiated by the licensor and licensee.
Term In Use: "The advertising agency wants to license rights exclusivity for TV for a year."
One common use of regional exclusivity would be for the travel writer/photographer. A newspaper in a particular region may want fresh content for their Sunday travel section, but they don't want their readership to have seen the story/photos before. Thus, they would require regional exclusivity for a period of time, or they may require first regional rights to the story that is proposed to them. This way, a travel writer/photographer