Hi Guys,
i’m new to the forum, i’m starting my small videogames company and i’m looking for a good NDA to be signed by the artists.
I have found some example on the web, but i think there’s something better.
Do you have any good resource for that ?!
Thanks
Regards
C.
For what jurisdiction? I have an NDA template that I use, but it often needs “tuning” even for use within US/Canada.
Trouble with NDA is enforcement and applicability. Under US law, any information passed with the “common understanding” of the parties involved to be confidential and non-public IP, is nearly as legally binding as a formal NDA. In other countries, the laws vary greatly. So again, it depends on where you intend to use the NDA, and then your safest bet is a lawer in the applicable jusrisdiction(s). For example, here (in Canada) we have no less than 14 applicable legal jurisdictions plus federal law, with 2 distinct civil legal systems (British Common and French) based on where you are physically (or attempting to legally reach).
Once you get those little issues sorted, then all you have to worry about is actually inforcing your NDA. Sadly, nearly the world over, those with the most money and best lawyers win, those without those tools, need not bother. Yes, sometimes the added “mental threat” of signing something makes people think twice, but… it also makes good people step away from your project.
I’d be happy to share what I have, again, I just need to know where you’re looking to use such a thing to tell you if mine’s applicable.
Cheers,
Galen
All what galent said is very good advice.
A good bet to avoiding leaks and other problems, is build up a team who really believe in what you’re all doing, and are enjoying themselves (and being paid well). A happy sailor doing what he loves, isn’t going to sink his own ship.
I, too, agree with the previous posts. If you need to ask an NDA on a forum ( = you don’t have a lawyer to write one for you), you won’t be able to enforce it anyway. And you’re basically saying “I don’t trust you” to your potential employees. I can understand explicit NDAs in big corporations (publicly traded companies), but for a startup it’s a waste of paper.
Thanks Guys,
in my experience i have been asking to sign NDA’s not only from Big companies but also for the small ones ( and i have been signing a lot of NDA’s).
And i don’t think is a way to say to my employers “i don’t trust you”. It’s just a way to keep it a bit more private especially when you work remotly and not in the same studio things are a bit more complicated.
Not that we are doing the super duper crazy mega impossible game that nobody has think of yet , but just a friendly reminder to behave good and don’t talk to friends and such.
I might be wrong on this but this is just the way i see it.
I though about a lawyer at first but since we are just starting i thought about using some “General” nda.
Thanks for your replies
As for me, I won’t sign an NDA for amateur/hobby projects, but would not hesitant for to sign one for a formalized company registered with the local authorities who is paying me. If helping or “profit share”, then there is no chance and it is pointless anyway as it is unenforceable and your project is probably not that amazing.
A lot of people bring in NDA’s so they can sound more professional (I’ve seen Modding groups have them, heh), but you’ll find most, if not all of them, except some of the big business ones sorted out via lawyers as others mentioned, and are all part of a legally binding contract, aren’t worth the paper they’re written on. Even then, no NDA is going to stop someone leaking info if they decide to. Gotta prove it was them first too, then drag it through the courts to uphold the NDA (since having one is saying “yes we will go to the expense of taking you to court”, otherwise, no point having one).
Thanks for your replies
https://docs.google.com/Doc?docid=0AT8krzlg2mYSZGhqaHJibjRfMjFmeGdnYnBwaw&hl=en
here’s the one I give, and agree to sign. I’m not a lawyer, and I just cobbled this together from various sources. These things suck, and when people insist on them it makes me want to walk away; they’re often just “Idea People”, making up for their inability to actually execute anything, and/or they want to put you at a disadvantage and manipulate you from the outset. So if I’m going to be bound to protect someone else’s ideas, they’re going to do the same for mine.
Thanks Polytropoi, i’ll take a look at it!
Yes, that is the exact message any legally binding contract is intended to send. However, the first question you need to ask is the implied message in requesting signature in the first place. Do I have the right to 1) request 2) enforce this contract with the person I’m asking to sign. (you might as well ask yourself can you or anyone afford to enforce the contract and what could you possibly gain, since your in self-reflective mode 
).
Within your country, or within a country you are operating in as a legally established entity, you usually have entitlement provided all legal conditions are met, legal age of consent being one applicable consideration (a 14 year old is not legally responsible under most western law, and thus cannot enter into a legally binding contract, for example). Then, are contracts, like the one your proposing, legal and binding in that country… that’s another story.
Internationally… might as well say “all bets are off”. Most banks don’t cross international lines in pursuit of money. Truth is the costs are HUGE! With the exception of very few countries you won’t get a warm reception from the country which has jurisdiction over the offending party in the first place (the US being one of the most notable for balanced treatment of citizens vs. international organizations… no not in all cases, but “most balanced” isn’t “ALWAYS equal”).
I personally like the concepts behind NDAs, and have used them, that said… I have little expectation that a potential business partner in (not to pick on anyone in particular) Indonesia say, is not terribly bound by my Canadian/American NDA. (Just a guess based on recient news from the region http://www.thejakartaglobe.com/business/indonesia-the-worst-in-asia-at-protecting-copyrights/392892)
Cheers,
Galen