Seeking : Non-disclosure Statement

sean's picture

Does any have a sample non-disclosure statement to be used as some kind of assurance that you can safely submit your designs for consideration to foundrys?

It is to be used preceding your design submission in an effort to protect your designs from unauthorized copying.

This protection is essential whenever you
submit your original work for review to anyone.

An example would help everyone out I am sure.

-smc

John Hudson's picture

I don't have an NDA that is specific to submission of designs to a foundry, but I have uploaded a PDF of our standard, mutual NDA. This is the agreement we use when people are doing work for us, particularly if it involves clients that require NDAs between all parties. It is a good boilerplate NDA, and will give you some idea of the kind of things that you need to specify in any such agreement. NB: you should have any legal agreement reviewed by a lawyer in your own jurisdiction (or that of the counter-signing party). Note also that you should exchange two copies for signing, one to keep in your own records and one for the other party to keep. Do not disclose any confidential information to the other party until you have a counter-signed copy of the agreement.

If drafting an agreement specifically to cover submission of a design to a foundry, you might also want to include explicit prohibition against derivative works, although this is implicitly covered in the prohibition against 'disclosing, reproducing, summarising and/or distributing
Confidential Information' and by the assertion that 'the Disclosing Party does not grant any express or implied rights to the Receiving Party.'

[Note that I've disabled printing of this PDF, but you can copy and paste the text.]

sean's picture

Thanks John.

Anything else out there?
Anyone ever used one before you sent your design?

P22 mentions one in their submission guidelines up front and say they would be happy to sign one.

-sm

hanahbr's picture

I, or any others employed or engaged by the Company, agree not to disclose, directly or indirectly, any information with respect to any business conducted by the Association. Without restricting the generality of the foregoing, it is agreed that we will not disclose:Financial information, business plans, strategies for development or growth, or any other proprietary information not known generally to the public or in the public domain relating in any way to the business of the Association, or any other information regarding the management or method of operation of the Association, and That we will not copy or reproduce, in any form, information provided to us by the Association for the purpose of distribution or use outside the scope of the attached contract, and that all documentation provided to us will be returned to the Association
royalty agreement

Si_Daniels's picture

I’m not convinced that an NDA, in the way I understand them, is super helpful here. Say you sign an NDA with a foundry, send them your fonts, you exchange some emails but at the end of the day they say they’re not interested, or you can’t agree to terms. Later they come out with a design eerily similar to your design. In signing an NDA you can’t disclose the communications you had with them without being in breach of the NDA yourself. And as it’s notoriously difficult to prove cloning you might find yourself on the wrong end of the law. Maybe.

hrant's picture

What Simon said.
The only thing that might work is depositing your design with a neutral third-party in advance, and if they copy your idea you can shame them after the fact (on Typophile). You might even tell the foundry you've done this (although I imagine it might scare them off). Say it's not personal - it's your "standard protocol".

hhp

Bert Vanderveen's picture

A cheap way to ‘deposit’ your design is to print it on a piece of paper, fold that in such a way that the design is obscured, tape it shut, write your name and address on it, slap a stamp on it and and drop it in a mailbox.

Just do not forget to NOT open it when it arrives on your doorstep and keep it in a safe place.

(BTW In the Netherlands it used to be possible to go to a Tax Office and have a design time-stamped)

.00's picture

That might work in the Netherlands, but it would never work in the US.

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