Legal Question in Intellectual Property in New York

Grant of Non-Exclusivity vs. Exclusivity

I'm a commercial artist (illustrator) familiar with contracts. I'm seeing a LOT of contracts that incorporate a NON-exclusive grant of ALL (or certain specified) rights in perpetuity or for long terms. My thinking on this is that such a grant impairs the artists' ability to make an EXCLUSIVE grant of any of the rights covered in a NON-exclusive grant, because the original commissioning party has retained a claim on the same rights (even though it's a non-exclusive claim).

If the original commissioning party utilizes any of the NON- exclusive rights that were granted, then the artist cannot possibly convey exclusivity IN THE SAME RIGHTS to a second licensee.

I hope that's clear-- am I wrong?

Thanks so much for your help on this--


Asked on 1/19/00, 3:14 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Grant of Non-Exclusivity vs. Exclusivity

You are basically right. If you gave a non-exclusive you no longer have an exclusive to convey. You could, however, grant a semi-exclusive (exclusive except for the listed previously granted non-exclusive).

If you need advice on this, you can reach me at [email protected]

Bruce Burdick

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Answered on 2/01/00, 12:59 pm


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