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Exclusive vs non-exclusive AI data licenses, explained

A non-exclusive license leaves you free to license the same data to other buyers; an exclusive one does not, sometimes permanently. A middle path is a non-exclusive license where one party is the only one licensing your data for a set period. Defaults differ by buyer and most do not publish theirs, so treat exclusivity as a term to price, narrow and limit in time.

By Denys · Updated

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What kinds of exclusivity are there?

Exclusivity answers one question: after you sign, can you license the same data to anyone else? There are three common answers.

Kind What you can still do Published example
Non-exclusive License the same data to other buyers, at the same time Endless Data: “Non-exclusive. You can license the same data to anyone else.” (source)
Time-limited sole seller The license is non-exclusive, but one party is the only one licensing the data for a set window Turing Project Lazarus is the only seller for the first 90 days after signing, followed by a choice to renew or opt out (source)
Exclusive No other licenses of that data for the term, which can be perpetual Polyshares: “exclusive by default unless we agree otherwise” (source)

A fourth arrangement is not a kind of license but a policy: some programs leave the choice to you. Korra says the seller chooses whether a license is exclusive (source), and AIData.Broker says license exclusivity is the holder’s choice (source).

What does each buyer publish as its default?

Program Published default
Polyshares Exclusive by default unless agreed otherwise (source); see the next section
Endless Data Non-exclusive (source)
Turing Project Lazarus “Licenses are non-exclusive”, but Turing is the only seller for the first 90 days after signing (source)
Korra The seller chooses (source)
AIData.Broker License exclusivity is the holder’s choice (source)
micro1 Not published. The only related term on record: data is licensed exclusively to labs and enterprises in the US and allied countries
Mercor Not published
Handshake AI Not published
SimpleClosure AssetHub Not published

micro1’s wording is about where its customers are, not about whether you can license elsewhere. Defaults change, so check the tracker for the date each term was last confirmed, and the compare page to see them next to the rest of each program’s terms.

Is a Polyshares license exclusive?

By default, yes. Its data-handling page says licenses are “exclusive by default unless we agree otherwise” (source). Its published case studies describe a “Perpetual exclusive license”, while another Polyshares page praises “a bounded, non-exclusive license” (Polyshares buyer page).

These may describe different deals rather than an error. The lesson is general: a buyer’s website does not tell you what your agreement will say. Ask for the exclusivity term, its length and its scope in writing before you compare the offer with anyone else’s.

Who ends up with your data under an exclusive license?

Exclusive does not always mean one AI lab. An aggregator pays the company and then licenses the data on to AI labs, so an exclusive license to an aggregator can still put your record in front of several labs you never deal with. What you give up is the right to do the same yourself, or through anyone else. Who buys company data explains the difference between buyers, aggregators and brokers.

Ending a license does not end everything it allowed. Endless Data’s buyer terms let its customers keep models and derived output trained during the term, with the data deleted within 30 days of expiry (source). The end of a term, exclusive or not, does not undo what was trained during it. What an exclusive license gives back when it ends is the right to license the data again, if the agreement says so, not the models built from it.

Does an intermediary’s agreement tie you to one buyer?

Two things can be exclusive, and they are easy to confuse: the license you grant a buyer, and your agreement with whoever introduces you. AIData.Broker separates them clearly. Its mandate is not exclusive, ends on 30 days’ notice and has a 12-month tail limited to listed buyers, while license exclusivity stays your choice (source). Ask any intermediary what its tail covers: which buyers, for how long, and what you would owe.

Order matters too. Korra excludes records already shown to other buyers (source). If you plan to approach several programs, decide the order before you share samples anywhere.

Why should exclusivity be priced and time-limited?

Because it is the term that most directly costs you future income. A non-exclusive license leaves every later deal open. An exclusive one closes them for its term, and a perpetual one closes them for good. That makes exclusivity a commercial term, not a formality.

Price it. Ask each buyer for its offer with and without exclusivity. If a buyer will not quote both, you cannot tell what you are being paid for the exclusive part. Payout ranges and how they are set are in how much company data is worth.

Limit it in time. Turing’s model shows what a short window looks like: 90 days as the only seller, followed by a choice to renew or opt out (source). A fixed window with a renewal decision gives you a point to reassess.

Narrow it. Exclusivity can be limited to particular systems, date ranges or uses. micro1’s restriction of its licensees to the US and allied countries shows that geography can be written into a license too (micro1 buyer page). The narrower the exclusive part, the more you keep available.

Keep future data out. Your company keeps producing new records after signing. Make sure exclusivity covers the data set you deliver, not everything you create later.

Tie it to payment. If exclusivity is part of a revenue share, ask what happens when the buyer licenses nothing. Exclusivity without income is the worst of both. How payouts work covers the structures.

What should you ask before you agree?

  1. Is the license exclusive, non-exclusive, or sole-seller for a period, and which clause says so?
  2. What exactly does exclusivity cover: which systems, date ranges and data types?
  3. Does it reach data we create after signing?
  4. How long does it last, what ends it early, and what happens at renewal?
  5. What is your offer without exclusivity?
  6. If you license our data on, to whom, and are they bound by our exclusions?
  7. Can we still use our own data internally, including to build our own AI tools?
  8. If you do not license our data to anyone within a set period, does exclusivity end?
  9. Does any intermediary’s agreement or tail limit who else we can talk to?

Ask your lawyer to read the exclusivity, grant and deletion clauses together, since each changes what the others mean. Data licensing agreement terms goes through the rest of the agreement, and is it safe covers what to protect. For the full process, start with how licensing company data to AI works, or run the value check to see which programs fit before you discuss terms with any of them.

Questions

Can we license the same data to two buyers?

Yes, if both licenses are non-exclusive and neither gives one party a sole-seller window over the same period. Endless Data says plainly that you can license the same data to anyone else. One exclusive clause in any agreement blocks the rest, and Korra excludes records already shown to other buyers.

Does an exclusive license mean we no longer own the data?

No. A license, exclusive or not, normally leaves ownership and the original with you, and you keep running your business on it. An exclusive license stops you licensing that data to anyone else for the term. SimpleClosure AssetHub offers a license and an outright sale as separate options.

Which buyers default to non-exclusive?

Of the programs we track, Endless Data publishes non-exclusive, Turing Project Lazarus publishes non-exclusive with a 90-day window in which it is the only seller, and Korra and AIData.Broker leave the choice to the company. Polyshares publishes exclusive by default. micro1, Mercor, Handshake AI and SimpleClosure AssetHub do not publish a default.

See which buyers fit your company

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Sources

  1. Polyshares data handling (polyshares.com/data-handling)
  2. Endless Data (endless-data.com)
  3. Endless Data buyer terms (endless-data.com/terms)
  4. Turing Project Lazarus, how it works (lazarus.turing.com/how-it-works)
  5. Korra FAQ (korra.io/resources/faq)
  6. Korra data types (korra.io/data-types)
  7. AIData.Broker pricing (aidata.broker/pricing)
  8. SimpleClosure AssetHub (simpleclosure.com/product/assethub)