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- Evidence: preserve original contract, timestamps of publication, CMS metadata, and promotional records.
- Provisional relief: seek injunctions to stop unauthorized distribution during active exclusivity.
- Damages: compensatory damages for lost revenue; contractual liquidated damages if specified.
- Alternative remedies: takedowns (DMCA for copyrighted material), cease-and-desist letters, negotiated settlements.
- Never grant verbal exclusivity; require written contract.
- Limit exclusivity to necessary scope and duration to preserve long-term value.
- Require compensation or clear promotion commitments for granting exclusivity.
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- Include reversion clauses and termination for non-performance.