- Dicembre 13, 2020
Your relationship with the receiving party is usually defined by the agreement you sign. For example, an employment, licensing or investment agreement. For a stranger, it may seem like you have a different relationship, for example. B a partnership or joint venture. It is possible that an unscrupulous company will try to take advantage of this appearance and make a third-party deal. In other words, the receiving party can claim to be your partner to gain an advantage from a distributor or a sub-licensed. In order to avoid liability for such a situation, most agreements contain a provision such as this, which excludes any provision other than that defined in the agreement. We recommend that you include such a provision and ensure that it is adapted to the agreement. If you use it z.B in an employment contract, remove the reference to employees. If you use it in a partnership agreement, you insert the reference to partners, etc.
This is, of course, only a snapshot of the legal and commercial issues related to confidentiality and NDAs. If you have any further questions about any of the points raised here or if you have a confidentiality agreement that we would like to verify, please contact you. We cannot provide legal advice or writing services, but we can reward resources to help you protect your work. It might be worth finding a publisher who agrees to sign your confidentiality agreement. This confidentiality agreement (the “agreement”) is made by and between Twitter, I sometimes see calls from other authors looking for people who β-read their work, to whom a handful of people usually respond. Although I didn`t do it for my story, I had a group of eleven beta readers who came back to me in recent months with full summary documents and online comments. In any case, nothing was signed – they read my work and gave me back the documentation. The simplest provision is generally appropriate when an NOA is admitted with an individual such as an independent contractor. Use the most detailed if your secrets can be used by more than one person within a company. The detailed provision stipulates that the recipient party must restrict access to persons within the company who are also bound by this agreement.
NDA Job Interview – You may end up revealing trade secrets if you interview potential employees, especially for sensitive jobs. Anyone you hire should be required to sign an NDA (or employment contract with a confidentiality clause). But of course, interviewees you don`t hire won`t sign an employment contract or employment contract. This is why candidates for sensitive positions signed a simple confidentiality agreement at the beginning of a job interview. From what I`ve seen, especially when I was ready to recruit beta readers, is that most authors don`t design anything related to a formal contract for their betas. Similarly, no formal contract has been signed between my editor Kim Chance and me. Certainly, there was an exchange of money in the case of my editor, and it could be argued that e-mail communication can be considered contractual. But no formal NOA.
Is that bad? Not if, on the whole, the writing community seems to be investing in a level of trust, openness and camaraderie that many other sectors do not see. Perhaps it is simply because, in many ways, I am still on the ground floor with the hundreds of thousands of other unpublished writers. I don`t know. It is simply fascinating to note that such legal instruments are effectively avoided in favour of more flexible approaches to relationships involving the exchange of creative information.