Not an attorney, not legal advice... this is what I would do myself.
GET REAL LEGAL ADVICE.
There are only a few reasons they would want exclusivity.
First, they like it so much, they want it to be brand specific. This should be very expensive for them, especially if your work is well known.
Second, they are in violation of your copyright already and they want to cure it without possibility of recourse.
Finally, they just want to be able to license it to anyone else and they perceive a market for it.
Most likely are first and second.
If you choose the first, make sure it’s worth it to you. Also make sure that any prior use of the artwork doesn’t violate their contract, even if it hasn’t surfaced yet.
If you suspect the second, make sure they disclose, as an addendum to the agreement, to you any prior use THEY have of your artwork, or derivative works, and base your decision on that. Make sure any after-the-fact discovery of their violations by you or anyone else triggers a very large penalty payment, or ends the agreement.
If it’s the third reason, and they see an untapped market, they can’t realize it without your artwork. Build in some ceilings after which you get a cut, or caveats where they don’t control it.
Good luck.
p.s. Remember that if you open source it, anyone can use it for anything they want, subject to your license terms, even if the things aren’t things you support. Think about it carefully.
Thanks so much, you brought up some things I didn't think about. It's kind of a weird situation because the beat that I made has been floating around the internet for about 12 years now and people have used it a lot and it's had 10s of millions of views by now. This overseas manager wants to buy it exclusive. But it has more sentimental value for me and I wouldn't want to tie it to 1 person. I even offered a lease agreement but they want it exclusive. I don't think they can pay what I would want for compete exclusive rights to it. They even sort of "threatened" that they can easily remake it with some changes and get away with it but they would rather "do it the right way".
Is it possible they want to start enforcing copyright against all those users? i.e. They see that you don't care about preventing others from using it and want to purchase the right to collect licensing fees from others. (If that were the case, then their assertion that they can easily remake it would have absolutely nothing to do with their ultimate desire and would just be an evasion to put you off the scent of their true aim.)
Seems to me like they might want to get exclusive rights, then spend the next decade shaking people down that you did not bother.
That activity would have your name attached to it too. Damn tough to avoid no matter what you or they say. That will be due to your non action over the years.
That was not wrong, or bad. It is just what you did. And from what you write, it worked out nice from your point of view. Nothing wrong with any of that either.
Lots of people jammed on your beats and maybe the world is a little more fun or something, right?
But, you will have sold the right to them and all that, and that ton of views could mean a ton of negative feelings headed your way too.
As others have said, get real legal advice. Now. Please.
Them wanting exclusivity and you have to believe they know those beats are all over the place, totally begs the question, "why?"
Say they follow through on the threat?
They remake it, somehow and then what?
Seems to me, using your beats or theirs all leads to the same place and that is whatever they want to associate with something they own has to exist out there with all the other efforts and that I bet just won't work for them.
Someone, somewhere is going to just start cracking down and the real question seems to be, "what will you do?"
If you opened it, doing something fairly solid that allows what is happening today to continue, that's a potential pain in the ass. Worth paying you type pain in the ass.
If you do nothing, they will include you in whatever it is.
If you sell to them, you get paid, and they crackdown and could mention you a lot to deflect from them.
Maybe you make something new, and tons of people know you created the existing stuff?
If, if, if...
Get some real advice and figure out what is worth what.
Will they give you enough money to not give a fuck, for example? You said it might be a lot. Too much? My gut says probably.
Or, maybe you just learned your beats have more value than you realize.
Maybe in tandem with opening it up, you tell the tale and get some money and or somehow make it far less worth it for others to try and take up the space your beats now occupy? Maybe make it clear all uses are OK, but can you get some help with legal...
My major question is, "Do what the right way?"
If it were me, I would try hard to find out before doing anything, and find out how urgent it all is and what the impact is to all those people out there using your beats, and how you really feel about all that.
And however you feel is what you feel. What you value is the same way.
You can release it under creative commons. But I'm not sure how you go about officially doing that, so platforms can confirm that it's actually creative-commons.
6 comments
[ 3.1 ms ] story [ 32.4 ms ] threadp.s. Remember that if you open source it, anyone can use it for anything they want, subject to your license terms, even if the things aren’t things you support. Think about it carefully.
That activity would have your name attached to it too. Damn tough to avoid no matter what you or they say. That will be due to your non action over the years.
That was not wrong, or bad. It is just what you did. And from what you write, it worked out nice from your point of view. Nothing wrong with any of that either.
Lots of people jammed on your beats and maybe the world is a little more fun or something, right?
But, you will have sold the right to them and all that, and that ton of views could mean a ton of negative feelings headed your way too.
As others have said, get real legal advice. Now. Please.
Them wanting exclusivity and you have to believe they know those beats are all over the place, totally begs the question, "why?"
Say they follow through on the threat?
They remake it, somehow and then what?
Seems to me, using your beats or theirs all leads to the same place and that is whatever they want to associate with something they own has to exist out there with all the other efforts and that I bet just won't work for them.
Someone, somewhere is going to just start cracking down and the real question seems to be, "what will you do?"
If you opened it, doing something fairly solid that allows what is happening today to continue, that's a potential pain in the ass. Worth paying you type pain in the ass.
If you do nothing, they will include you in whatever it is.
If you sell to them, you get paid, and they crackdown and could mention you a lot to deflect from them.
Maybe you make something new, and tons of people know you created the existing stuff?
If, if, if...
Get some real advice and figure out what is worth what.
Will they give you enough money to not give a fuck, for example? You said it might be a lot. Too much? My gut says probably.
Or, maybe you just learned your beats have more value than you realize.
Maybe in tandem with opening it up, you tell the tale and get some money and or somehow make it far less worth it for others to try and take up the space your beats now occupy? Maybe make it clear all uses are OK, but can you get some help with legal...
My major question is, "Do what the right way?"
If it were me, I would try hard to find out before doing anything, and find out how urgent it all is and what the impact is to all those people out there using your beats, and how you really feel about all that.
And however you feel is what you feel. What you value is the same way.
Good luck.
Get that advice.