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Non Disclosure Agreement For Authors Template for South Africa

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Key Requirements PROMPT example:

Non Disclosure Agreement For Authors

"I need a Non-Disclosure Agreement for Authors to be used between my publishing house and a group of ghost writers who will be working on a series of children's books starting March 2025, with specific provisions for digital content sharing and social media restrictions."

Document background
The Non-Disclosure Agreement For Authors is a specialized legal document essential in the South African publishing and content creation industry. It becomes necessary when authors engage with publishers, literary agents, or other industry professionals where confidential information needs to be shared during the creative and publishing process. This document, governed by South African law including the Copyright Act 98 of 1978 and common law principles, protects sensitive information such as unpublished manuscripts, plot developments, marketing strategies, and proprietary publishing methods. It's particularly relevant in today's digital age where content can be easily shared and distributed, making robust confidentiality protections crucial for all parties involved in the publishing process.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including the disclosing party (typically publisher/literary agency) and receiving party (author)

2. Background: Context of the agreement, including the nature of the author's engagement and reason for sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other relevant definitions specific to the literary context

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the literary context, including plot elements, character developments, marketing strategies, etc.

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care

6. Permitted Disclosures: Circumstances under which confidential information may be shared, including with editors, agents, or other necessary parties

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends

9. Breach and Remedies: Consequences of breach and available remedies under South African law

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendment procedures

Optional Sections

1. Intellectual Property Rights: Optional section clarifying that the NDA does not transfer any IP rights, particularly relevant when the author may be exposed to other authors' works or publisher's proprietary content

2. Digital Security Measures: Specific requirements for digital security when handling electronic manuscripts or online materials, important for digital-first publishers

3. Competitive Works: Guidelines regarding author's work on similar projects or in similar genres, used when author works across multiple publishers

4. Public Domain Exception: Clarification of what constitutes public domain information vs confidential information, important for non-fiction or research-based works

5. Social Media Guidelines: Specific provisions regarding social media usage and confidentiality, important for authors with significant online presence

Suggested Schedules

1. Schedule A - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement

2. Schedule B - Authorized Representatives: List of individuals authorized to receive confidential information (e.g., editor, agent, research assistant)

3. Schedule C - Security Protocols: Specific security measures required for different types of confidential information

4. Appendix 1 - Acknowledgment Form: Form to be signed by authorized representatives who will have access to confidential information

Authors

Alex Denne

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

Relevant legal definitions






























Clauses





























Relevant Industries

Publishing

Media and Entertainment

Education

Digital Content Creation

Corporate Communications

Academic Publishing

Literary Services

Professional Writing

Online Publishing

Educational Technology

Relevant Teams

Legal

Editorial

Acquisitions

Rights Management

Content Development

Publishing Operations

Digital Publishing

Author Relations

Contract Administration

Creative Services

Intellectual Property

Relevant Roles

Publishing Director

Literary Agent

Author

Editor-in-Chief

Content Manager

Rights Manager

Publishing Consultant

Literary Scout

Acquisitions Editor

Managing Editor

Digital Content Director

Creative Director

Educational Content Developer

Ghost Writer

Legal Counsel

Contract Manager

Literary Estate Manager

Self-Publishing Coordinator

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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