The Non-Disclosure Agreement For Authors is essential in India's growing publishing and content creation industry, where protecting unpublished works and sensitive business information is crucial. This document is typically used when authors engage with publishers, agencies, or platforms, requiring comprehensive confidentiality protection. It covers various aspects including manuscript details, publishing strategies, marketing plans, and business information, while ensuring compliance with Indian legal requirements including the Contract Act, 1872, and Copyright Act, 1957. The agreement is particularly relevant in today's digital age where content can be easily shared and replicated, making robust confidentiality provisions essential for both traditional and digital publishing contexts.
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1. Parties: Identification of the parties entering into the agreement, including the author and the company/publisher
2. Background: Context of the agreement, including the nature of the relationship between parties and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Literary Work', 'Publishing Rights', 'Permitted Purpose' and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically tailored to literary and publishing context
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors or as required by law
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration of Obligations: Term of the agreement and survival of confidentiality obligations
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Specific section clarifying that the NDA doesn't transfer any IP rights, particularly important when dealing with unpublished works or creative content
2. Digital Security Measures: Additional provisions for protecting confidential information in digital format, recommended when dealing with e-books or digital publishing
3. Non-Compete Obligations: Optional restrictions on competitive activities, used when sharing sensitive market or strategic information
4. Publicity and Marketing Restrictions: Specific provisions about public announcements or marketing, important for high-profile authors or sensitive projects
5. Third Party Rights: Provisions regarding the rights of third parties, particularly relevant when multiple stakeholders are involved
6. Alternative Dispute Resolution: Mediation or arbitration provisions, recommended for international authors or high-value agreements
1. Schedule 1: Description of Project/Work: Detailed description of the literary work or project covered by the NDA
2. Schedule 2: Authorized Representatives: List of individuals authorized to receive or handle confidential information
3. Schedule 3: Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A: Acknowledgment Form: Form to be signed by any permitted recipients of confidential information
5. Appendix B: Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Publishing
Media & Entertainment
Education
Digital Content
Literary Services
Academic Publishing
Corporate Communications
Online Learning
Digital Publishing
Book Retail
Relevant Teams
Legal
Editorial
Acquisitions
Rights and Licensing
Content Development
Digital Publishing
Production
Marketing
Business Development
Author Relations
Contracts Administration
Relevant Roles
Author
Publisher
Literary Agent
Content Director
Publishing Manager
Rights Manager
Editorial Director
Acquisitions Editor
Content Strategy Manager
Digital Publishing Director
Literary Scout
Publishing Consultant
Managing Editor
Production Editor
Legal Counsel
Contracts Manager
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