# What is Exclusive license?

> An exclusive license gives one licensee the right to use what is licensed to the exclusion of everyone else, often including the owner. A non-exclusive license lets the owner license the same rights to others.

Source: https://sellmydata.com/glossary/exclusive-license/
Published: 2026-10-28

## Exclusive, sole and non-exclusive

- **Non-exclusive:** the owner keeps ownership and can license the same rights to others ([Copyright Alliance](https://copyrightalliance.org/faqs/exclusive-vs-nonexclusive-licenses/)).
- **Exclusive:** only the licensee can exercise the licensed right, and that includes the licensor ([CLIC](https://www.clic.org.hk/en/topics/intellectualProperty/copyright/q10)).
- **Sole:** the owner licenses no one else but keeps its own right to use what is licensed. A Gordon Feinblatt article warns that "sole and exclusive" is ambiguous unless the contract defines it ([Gordon Feinblatt](https://www.gfrlaw.com/what-we-do/insights/sole-license-and-exclusive-license-are-not-same)).

In US copyright law, a "transfer of copyright ownership" includes an exclusive license but not a nonexclusive one ([17 U.S.C. § 101](https://www.law.cornell.edu/uscode/text/17/101)). An exclusive licensee is treated as the owner of the rights it received and can sue infringers ([Copyright Alliance](https://copyrightalliance.org/faqs/exclusive-vs-nonexclusive-licenses/)).

## Why it matters when you sell data

Exclusivity rules out every other buyer for the licensed rights, so it should be priced higher. WIPO's licensing guidance says exclusivity "should be more expensive" and suggests limiting it by field or territory ([WIPO](https://www.wipo.int/en/web/ip-commercialization/w/blog/ip-licensing-strategies-for-ventures)). For a dataset, exclusivity can also be limited by time or to a named snapshot of data.

Before agreeing to exclusivity, check whether it would stop you using your own data internally, and how long it lasts. See [the terms to check in an AI data license offer](/guides/ai-data-license-offer-terms/). This is general information, not legal advice; have counsel review any license.

## Frequently asked questions

### Does an exclusive license stop me from using my own data?

It can. Hong Kong's Community Legal Information Centre says only the exclusive licensee can exercise the licensed right, including the licensor. A sole license keeps your own right to use it, so check which one the contract grants.

### Is an exclusive license the same as selling the data?

Not exactly, but in US copyright law an exclusive license counts as a transfer of copyright ownership, while a nonexclusive license does not. It must be in a signed writing.

## Sources

- [How is an assignment of copyright different from a licence of copyright?](https://www.clic.org.hk/en/topics/intellectualProperty/copyright/q10)
- [Exclusive vs. Non-Exclusive Licenses](https://copyrightalliance.org/faqs/exclusive-vs-nonexclusive-licenses/)
- [17 U.S. Code § 101: Definitions](https://www.law.cornell.edu/uscode/text/17/101)
- [Sole License and Exclusive License Are Not the Same](https://www.gfrlaw.com/what-we-do/insights/sole-license-and-exclusive-license-are-not-same)
- [IP licensing strategies for ventures](https://www.wipo.int/en/web/ip-commercialization/w/blog/ip-licensing-strategies-for-ventures)