Exclusive and non-exclusive license provisions
Exclusive licenses are especially important in some industries, such as pharmaceuticals, biotechnology, and chemicals, whereas they may not be as important to others, such as electronics and automobile manufacturing.
If a technology is of general use or limited value, or if it is a small part of a large system, the sponsor may choose a non-exclusive license. Sponsors often expect non-exclusive rights to inventions resulting from sponsored research to be royalty-free, but companies are generally willing to pay royalties for exclusive rights.
In some industries, pharmaceuticals, for example, if a sponsor is granted a non-exclusive license, the university may have difficulty interesting other licensees. Some potential licensees may not be willing to spend large sums of money developing a product using the intellectual property that the original sponsor chose not to develop, but could subsequently use royalty free or market in animproved form.
If the sponsor elects a non-exclusive, royalty-free license to use the intellectual property solely for research purposes, the university is still able to grant an exclusive license to a third party for commercialization of the intellectual property. If the sponsor takes an exclusive license, the university must retain the right to use the intellectual property in its own research and instructional programs.
EXCLUSIVE RIGHTS Granting the buyer exclusive use of an image based on a time frame, particular medium or limited by other criteria.
NON-EXCLUSIVE RIGHTS The buyer cannot be guaranteed, nor claim, first use of the image.
Exclusive vs. non-exclusive rights
An issue to contend with concerns the rights you are keeping and the rights you are assigning to the publisher. If the publisher gets exclusive publishing rights, then no one else can publish your book. A better choice for the writer is a publisher who is willing to take non-exclusive rights. Non-exclusive rights means you can work with as many vendors as you want, and keep all the revenues you generate. And as long as you retain subsidiary rights you can also benefit from movie and television rights, character merchandising, CD games, and other products derived from your work.
Best Of Luck,
Wings