NDA before contract discussions?

Alitriona · Jan 22, 2012

Apologies if this is the wrong room for this question.

Is signing a NDA(non disclosure) agreement standard practice before contract negotiations begin with a publisher? I didn't think so but I've just been told I'm wrong and it is standard in the industry.

CheshireCat · Jan 22, 2012

Alitriona said:
Apologies if this is the wrong room for this question.

Is signing a NDA(non disclosure) agreement standard practice before contract negotiations begin with a publisher? I didn't think so but I've just been told I'm wrong and it is standard in the industry.

I've never been asked to sign one at any stage of negotiations, and I've been published more than 25 years with six major publishers.

This wouldn't happen to be Amazon, would it?

James D. Macdonald · Jan 22, 2012

I suppose it's possible somewhere in the non-fiction world.

The only times I've had to sign NDAs when writing fiction was when I was writing tie-in books for TV shows, and was given the series bible and the plot points for the upcoming season.

PEBKAC2 · Jan 22, 2012

I had to sign an NDA before the contract to update a book for some software that was pre-release. There was a very clear reason for that of course. If you're not sure why they're asking for the NDA, can you find out why and post more details?

Alitriona · Jan 22, 2012

CheshireCat said:
This wouldn't happen to be Amazon, would it?

No, it's a small publisher I'm not sign to or submitting to and was said in a closed discussion so I wouldn't like to reveal the name. I can say it's for general fiction.

It was a red flag to me and I said so but I was almost convinced I was wrong and it is standard. I know I didn't have to sign one. I thought, "I know where to get an answer I can trust."

Deleted member 42 · Jan 22, 2012

No. Not a NDA with a publisher

And while I've signed well over a hundred NDAs in order to be able to write about new technology/new products in software and hardware, none were with my publishers

Ever.

Nor would I sign one.

I note as well that I will not sign an open-ended NDA or non-compete clause. I want a finite term.

Jamesaritchie · Jan 23, 2012

Unless there's an excellent reason for something to remain secret, this would be a huge red flag for me. At the very least, it's a sign that the publisher is not well versed in how the business works.

Torgo · Jan 23, 2012

It's odd, but I have once asked a prospective author to sign an NDA. We were doing a fairly innovative web-based serial and I was looking for someone to write to order from a synopsis on a particular schedule; I didn't want anyone who didn't get the job to tell anyone what we were doing.

Alitriona · Jan 23, 2012

Thank you all for your answers.

Jamesaritchie · Jan 23, 2012

Torgo said:
It's odd, but I have once asked a prospective author to sign an NDA. We were doing a fairly innovative web-based serial and I was looking for someone to write to order from a synopsis on a particular schedule; I didn't want anyone who didn't get the job to tell anyone what we were doing.

I undertand asking, but unless some details of why you're asking are handed out, it would be silly for a writer to sign.

Signing a blind NDA is worse than dumb, it's begging for trouble.

Torgo · Jan 23, 2012

Jamesaritchie said:
I undertand asking, but unless some details of why you're asking are handed out, it would be silly for a writer to sign.

Signing a blind NDA is worse than dumb, it's begging for trouble.

I pretty much said what I did above. Would never ask someone to sign blind.

Filigree · Jan 23, 2012

This is a street full of red flags.

NDA before contract discussions?

Alitriona

Attends The School of AW

CheshireCat

Mostly purring. Mostly.

James D. Macdonald

Your Genial Uncle

PEBKAC2

Will crit for food.

Alitriona

Attends The School of AW

Deleted member 42

Jamesaritchie

Torgo

Formerly Phantom of Krankor.

Alitriona

Attends The School of AW

Jamesaritchie

Torgo

Formerly Phantom of Krankor.

Filigree

Mildly Disturbing