Why Your Non-Disclosure Agreement Is Probably a Bad Idea

Photo by zimpenfish via Flickr

For 12 years, I worked astatine a mid-size commercialized publisher, and connected uncommon occasion, I would person a frustratingly vague query from an unagented author. Such authors would committedness to nonstop much accusation aft I signed their non-disclosure statement (NDA).

I ne'er agreed.

First, I couldn’t participate my employer into that benignant of statement without support from nan executive team. (And they would person laughed maine retired of their offices.) But possibly much important, NDAs person ne'er been portion of nan accepted book publishing business. When literate agents taxable work, they don’t inquire editors aliases publishers to motion NDAs. When literate agents work together to represent their clients, nary 1 signs NDAs. Etc.

So erstwhile you brushwood nan NDA arsenic an editor, agent, aliases publisher, you cognize you’re dealing pinch personification who isn’t acquainted pinch nan standards of nan industry. Of course, it’s existent that erstwhile you put an thought retired into nan world, there is nan anticipation personification other will bargain that thought and usage it for themselves. Ideas can’t beryllium protected nether copyright.

But successful publishing, do you cognize really difficult it is to profit from an thought alone? Almost impossible. You person to beryllium capable to execute it well. And execution is everything.

In immoderate event, whether you work together aliases disagree pinch nan above, nan difficult truth is that nary literate supplier aliases accepted patient will motion your NDA earlier reference your connection aliases manuscript. It’s difficult capable already for nan mean writer to person their activity publication and considered. If you adhd nan NDA into nan mix, you mightiness arsenic good self-publish now.

Further reasons for not utilizing NDAs

When I heard Derek Sivers springiness a talk, he showed nan pursuing slide.

Derek Sivers astatine World Domination Summit 2015

Sivers besides dislikes NDAs. He’s successful nan startup and tech industry, wherever they’re acold much prevalent. But moreover successful that much profitable industry, execution (again) is everything.

No 1 tin execute your thought for illustration you can. With fiction, nary 1 tin put your voice, style, aliases rotation connected nan characters and plot. With nonfiction, it will require nan correct personality, brand, aliases level to propulsion nan thought disconnected successful a measurement that’s meaningful aliases profitable. (Not to mention nan correct marketing, packaging and distribution.)

And nary 1 tin beryllium you. If anyone could beryllium you, you’ve sewage a problem.

These days, possibly because I’m a full-time entrepreneur, authors inquire maine to motion NDAs much frequently. I ever opportunity no, partially because of everything I’ve conscionable described. But NDAs besides bespeak an writer pinch a scarcity mindset, personification who is astir apt excessively invested successful a azygous book idea. They whitethorn think: This is nan only valuable thought I will ever have, aliases nan astir valuable thought I will ever have. 

Anyone holding connected that tightly to thing tin beryllium a difficult person to activity with. The level of sensitivity aliases affectional finance tin beryllium difficult to navigate.

Furthermore, arsenic a personification moving for herself—and without a ineligible team—I don’t want to expose myself to immoderate imaginable ineligible quagmire, not unless it’s a very typical scenario. Consider what this institution says (I agree):

NDAs are serious ineligible documents. Our lawyer says it’s a bad thought to motion 1 earlier we cognize nan statement good and understand what we’re promising not to disclose. He’s peculiarly not fond of NDAs that are wide and general. We effort to perceive to him.

For more reading:

• Why We Probably Won’t Sign Your NDA
• Are You Worried Your Work aliases Ideas Will Be Stolen?