The Non-Disclosure Agreement For Writers is essential when engaging writers who will have access to sensitive or proprietary information while performing writing services. This document is specifically drafted under South African law and is commonly used when writers are contracted for projects involving confidential business information, unpublished content, strategic plans, or sensitive research data. It ensures compliance with South African legislation including POPIA and the Copyright Act, while protecting both the commissioning organization's confidential information and addressing the unique aspects of creative work. The agreement is particularly relevant in situations where writers may need access to internal documents, conduct interviews, or handle sensitive corporate or personal information in the course of their writing assignments.
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1. Parties: Identification of the disclosing party (typically the company/client) and receiving party (the writer)
2. Background: Context of the agreement, nature of the writing services, and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Writing Services', 'Work Product', and 'Intellectual Property'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of writing services
5. Confidentiality Obligations: Core obligations regarding handling, protecting, and not disclosing confidential information
6. Permitted Use: Specific purposes for which the writer may use the confidential information
7. Term and Survival: Duration of the agreement and obligations that continue after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon project completion or termination
9. Intellectual Property Rights: Protection of existing IP and provisions regarding IP created during the writing process
10. Breach and Remedies: Consequences of breach and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Compete Clause: Restrictions on working with competitors, used when the writer gains significant industry insights
2. Social Media and Public Communications: Guidelines for social media usage and public communications, relevant for high-profile projects
3. Subcontractors and Assistants: Provisions for when the writer needs to involve other parties in the writing process
4. Data Protection Compliance: Specific POPIA compliance requirements when personal information is involved
5. Research Materials: Provisions regarding research materials provided or created during the writing process
6. International Usage: Additional provisions for projects involving international publication or distribution
7. Moral Rights: Specific provisions regarding the writer's moral rights, particularly relevant for creative works
1. Schedule A - Description of Confidential Information: Detailed list of specific confidential information to be shared
2. Schedule B - Project Details: Specific details about the writing project or services
3. Schedule C - Approved Third Parties: List of pre-approved third parties who may receive confidential information
4. Schedule D - Security Protocols: Specific security measures for handling and storing confidential information
5. Appendix 1 - Acknowledgment Form: Form for the writer to acknowledge receipt of specific confidential information
Relevant legal definitions
Clauses
Relevant Industries
Publishing
Media and Entertainment
Education
Corporate Services
Technology
Healthcare
Financial Services
Research and Development
Marketing and Advertising
Non-Profit
Legal Services
Manufacturing
Retail
Professional Services
Relevant Teams
Legal
Human Resources
Corporate Communications
Marketing
Public Relations
Research and Development
Product Development
Editorial
Content Creation
Documentation
Corporate Strategy
Executive Leadership
Information Security
Knowledge Management
Relevant Roles
Content Writer
Technical Writer
Copywriter
Journalist
Editor
Ghostwriter
Scriptwriter
Legal Writer
Medical Writer
Grant Writer
Curriculum Developer
Corporate Communications Writer
Marketing Copywriter
Research Writer
Financial Writer
Creative Director
Content Manager
Editorial Director
Communications Manager
Documentation Specialist
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