Exclusivity

In our agreement

The following clause is taken from our Distribution agreement and this Help Center topic is created with the intention of translating our agreement in a way that can further be understood.

Exclusivity
: Client agrees that this Agreement is exclusive worldwide during the Term for the distribution of Client Content by Symphonic only to specific Partners as chosen by Client. Client grants Symphonic the exclusive right to create digital and/or electronic copies and compilations, to distribute, to sell, to stream and to publicly perform Client Content via electronic, digital and mobile platforms during the Term. Client shall not, for the Term hereof, license or attempt to license Client Content to the partners distributed by Symphonic, without proper written approval from Symphonic. Client may not directly contact, solicit and/or engage in business directly with Partners during the Term of this Agreement. All pre-existing relationships with outside digital distribution partners related to Client Content are to be disclosed to Symphonic at the time of entering into this Agreement. Client further agrees to give Symphonic the non-exclusive right to solicit and procure “Master Use” and merchandising and mobile product licenses for the exploitation of Client Content, subject to Client’s prior written approval, which may be reasonably withheld. As used herein, “Master Use” shall refer to the right to record Client Content in synchronism or in timed relation with a television program, motion picture, social media platform (other than YouTube) or other audiovisual recording system and to make copies of such Client Content in the form of negatives and prints necessary for broadcasting or transmitting in the aforementioned systems.

What this clause essentially means is that if you are going to work with us for the distribution of your partner to digital service providers, that you cannot work with another distribution company for those digital service providers for the same musical works. You are not forbidden from working with anyone outside of who we work with. The reason we need exclusivity is that a digital service provider shouldn't receive the exact same release or album from different sources.

In simpler terms

Exclusivity in our contract refers to partners that are exclusive themselves, like Beatport. Beatport only allows one distributor per label, therefore Symphonic would need to be the exclusive distributor for that partner store.

Other partners like Spotify, iTunes, Amazon, Google, etc. are all non-exclusive, for example: you could distribute with Symphonic your first release, and then use another distributor for your second release on those stores.

Platforms like Bandcamp & SoundCloud allow you to directly distribute your tracks, this does not violate any of our terms, just make sure that you do not upload the same release more than once to each platform.

You can also distribute a release on select partner stores with Symphonic and on other partner stores with another distributor. You cannot distribute the same release with multiple distributors onto the same partner (nor would there be a good reason to do this).

 

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