The Author Publisher Non Disclosure Agreement is essential in the Indian publishing industry where protection of unpublished works and publishing strategies is paramount. This document should be used when authors are submitting manuscripts or discussing potential publishing arrangements with publishers, ensuring confidential information is protected under Indian law. It covers various aspects including manuscript content, publishing strategies, marketing plans, and financial terms, while complying with the Indian Contract Act, 1872 and relevant intellectual property legislation. The agreement is particularly important in today's digital age where content can be easily shared and distributed, providing legal protection for both authors and publishers during their preliminary discussions and throughout their professional relationship.
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1. Parties: Identification of the Author and Publisher with full legal names and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information for potential publication
3. Definitions: Defines key terms including 'Confidential Information', 'Work', 'Publishing Rights', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the publishing context
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and usage of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared (e.g., with editors, designers)
7. Return or Destruction of Confidential Information: Procedures for handling confidential materials after termination or upon request
8. Term and Termination: Duration of the agreement and conditions for termination
9. Intellectual Property Rights: Confirmation that the NDA doesn't transfer any IP rights
10. Remedies for Breach: Consequences and available remedies for confidentiality breaches
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Digital Rights Protection: Additional provisions for protecting digital manuscripts and electronic communications, used when digital distribution is contemplated
2. International Confidentiality: Special provisions for cross-border information sharing, used when international publishing rights are involved
3. Third Party Contractors: Provisions for sharing information with approved contractors, used when external service providers are needed
4. Multiple Works Protection: Additional provisions for multiple works or series, used when author plans to submit multiple manuscripts
5. Social Media and Publicity: Specific provisions about confidentiality in social media contexts, used for high-profile works
6. Prior Disclosure Protection: Provisions addressing information already disclosed before the NDA, used when parties have existing relationship
1. Schedule A - Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule B - Work Description: Description of the literary work(s) or proposed work(s) covered by the NDA
3. Schedule C - Authorized Representatives: List of individuals authorized to receive confidential information
4. Schedule D - Security Protocols: Specific procedures for handling and storing confidential information
5. Appendix 1 - Acknowledgment Form: Form for additional parties who may need to access confidential information to sign
6. Appendix 2 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Publishing
Media & Entertainment
Education
Academic Publishing
Digital Media
Literary Arts
Professional Publishing
Technical Publishing
Children's Publishing
News & Journalism
Relevant Teams
Legal
Editorial
Acquisitions
Rights Management
Business Development
Content Development
Operations
Contracts Administration
Literary Services
Intellectual Property
Relevant Roles
Publishing Director
Acquisitions Editor
Literary Agent
Rights Manager
Legal Counsel
Contract Manager
Editorial Director
Managing Editor
Content Director
Intellectual Property Lawyer
Author
Writer
Creative Director
Publishing Manager
Business Development Manager
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