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Q&A: If a song is placed in a Film/TV show, under a non-exclusive agreement, am I prevented from signing other agreements in the future ?
http://www.get-a-record-deal.com/articles/15/1/QampA-If-a-song-is-placed-in-a-FilmTV-show-under-a-non-exclusive-agreement-am-I-prevented-from-signing-other-agreements-in-the-future-/Page1.html
Richard Jay
Richard Jay is a songwriter, producer, author of bestselling book How To Get Your Music in Film & TV, and president of The Music Broker Network
 
By Richard Jay
Published on 8th May, 2008
 
Under a non-exclusive agreement, you are not assigning any permanent rights to the other party - you still own everything. Therefore, you will still be able to do other non-exclusive agreements. You should also be able to sign an exclusive agreement for the same song as well, but you must tell the party to whom you are signing the exclusive agreement about previous non-exclusive agreements.
Under a non-exclusive agreement, you are not assigning any permanent rights to the other party - you still own everything. Therefore, you will still be able to do other non-exclusive agreements. You should also be able to sign an exclusive agreement for the same song as well, but you must tell the party to whom you are signing the exclusive agreement about previous non-exclusive agreements.

For example, you sign a non-exclusive agreement with 123 PICTURES INC.

Then, XYZ FILMS INC. offer you a non-exclusive agreement for the same song which you also sign.

Finally, HAPPY COSMETICS CO. want to use the song in a worldwide advertising campaign but insist on exclusive ownership (this would be unusual but this is just hypothetical !). You inform them of your two previous agreements and as long as they are OK with it, you sign an exclusive agreement with them for that song.

After that date, you can no longer license this song to anybody else because of your exclusive agreement with HAPPY COSMETICS CO.