I'm about to start sending demos and info about our game to publishers and I am wondering how I should work the NDA. Should I just send them the demo with some type of NDA saying something to the effect of "by looking at this cd you agree that you will not..."? I don't know how to go about this because this is my first time to try it. Are there any NDA examples on the web that cover this type of situation? Thanks for your time. David LaRocca ---------------------------- ClownKeep [edited by - Verin on April 29, 2002 11:01:54 AM]

Many publishers will not sign or accept your NDA. You are better off contacting them and asking who to send the demo too and at the same time asking if they will sign your NDA. Most wont but you can then just ask them to send out a copy of their NDA for you to sign before sending the demo. That way you get the NDA issue sorted AND you know the name of the person to send the submission too.

You can find some more info on what to do here.....

http://www.obscure.co.uk/acquisition.shtml


Dan Marchant
Obscure Productions

[edited by - obscure on April 30, 2002 6:10:32 AM]

quote: Most wont but you can then just ask them to send out a copy of their NDA for you to sign before sending the demo.
[edited by - obscure on April 30, 2002 6:10:32 AM]

How will me signing their NDA cover my game? Oh, and thanks for the link, I have added it to my favorites.

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ClownKeep

Because both your and their NDAs should be mutual (as in they bind both parties to keep discussions confidental and protect both parties) there should be no reason not to sign theirs. The only difference is that their NDA is theirs. It was created and approved by their (doubtless) very large and expensive legal department. Who, in order to justify their existence, don't let the publisher sign other people's NDAs without first spending ages checking it and suggesting changes. - It is just quicker to get theirs.

Dan Marchant
Obscure Productions

[edited by - obscure on May 1, 2002 6:46:28 PM]

Also "sending demos" is the right way to put it. Don''t send out your full game until a deal is worked out.



Glen Martin
Dynamic Adventures Inc.
Zenfar

My advice...

a) 1st find out who to send your demo to at the said publisher s.

b) Post a COPY of the same demo to yourself before you send it off to any publishers - this way you can prove in court (should it ever comes to that) that the demo/game/whatever belongs to you as it was postmarked if the publisher trys to steal you game or perhaps entire idea !.

c) Sit back and wait upto 8-12 weeks for a reply, and nag them every so often to actually look at it.

Adrian Cummings (Proprietor)
Mutation Software
EMail: arc@mutationsoftware.com
URL: www.mutationsoftware.com
URL: www.dweebs.info

quote: Original post by Mutation
b) Post a COPY of the same demo to yourself before you send it off to any publishers - this way you can prove in court (should it ever comes to that) that the demo/game/whatever belongs to you as it was postmarked if the publisher trys to steal you game or perhaps entire idea !.

Hmm. I find myself saying this a lot lately, but I wouldn't want anyone to get burned...

Postmarks provide absolutely no legal protection for a copyright case. All it proves is that you mailed the envelope, since the post office is perfectly happy to deliver an open and unsealed envelope.

The correct procedure is either to register with the library of congress (in the US, anyway) or visit a notary public (or you local equivalent) and have him/her place their seal with a date across the back of the envelope, such that you can't open the envelope without disrupting the seal.

[edited by - cheesegrater on May 7, 2002 9:33:50 AM]

Hmmm thats not quite strictly true as I meant to say (and should of done in my post of course) that you send yourself a COPY via ''recorded/special delivery'' - that is binding in UK law at least - not sure about overseas !?.

Adrian Cummings (Proprietor)
Mutation Software
EMail: arc@mutationsoftware.com
URL: www.mutationsoftware.com
URL: www.dweebs.info

quote: Original post by Mutation
Hmmm thats not quite strictly true as I meant to say (and should of done in my post of course) that you send yourself a COPY via ''recorded/special delivery'' - that is binding in UK law at least - not sure about overseas !?.

It doesn''t work in the United States Courts.

What is an NDA???

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