Non Disclosure Agreement For Authors for India

Non Disclosure Agreement For Authors Template for India

A comprehensive confidentiality agreement designed specifically for authors in India, governed by Indian contract law and intellectual property legislation. This document establishes confidentiality obligations between authors and publishing entities, protecting sensitive information including unpublished works, publishing strategies, marketing plans, and business information. It incorporates provisions aligned with Indian Copyright Act, 1957, and considers modern digital publishing requirements while ensuring compliance with Indian jurisdiction-specific requirements for contract enforcement and remedies.

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What is a Non Disclosure Agreement For Authors?

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Agreement For Authors is essential in India's growing publishing and content creation industry, where protecting unpublished works and sensitive business information is crucial.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.

What sections should be included in a Non Disclosure Agreement For Authors?

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

What sections are optional to include in a Non Disclosure Agreement For Authors?

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

What schedules should be included in a Non Disclosure Agreement For Authors?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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