Entering a Confidential Disclosure Agreement

[p0intblank]

I am talking with my client over e-mail about a logo they would like to be designed, but they are asking to me enter into a CDA. Basically my client wants all information and ideas exchanged through the process stays between us and only us. I don't have a problem with that, obviously. I am just wondering if anyone else has entered this agreement before with a client and how did it go?

Also another concern: they are saying they want to make sure they all have rights such as copyright to the logo. Again, this is obvious... of course she would. But I am just making sure this is what I think it is: just her use of the logo and no one else's?

I'm sorry if I seem misinformed about this. This is the first client that has approaced me with this. So if someone could explain the process, that'd be great. Thanks a lot!

 

[Moof1904]

Many companies required such nondisclosures as a matter of standard procedure. As long as they're not unreasonably restrictive, they shouldn't be a problem. In your case, you might be invited to their company to see a product for which you're designing a logo and they just want to make sure that you're not going to speak about something you might see on a whiteboard or whatever.

As for the ownership issue, traditionally one that pays for the design/creation service owns the rights to the work product. It sounds like they're just being thorough in stating that fact. I'm sure others here can speak to this issue in more detail.

 

[ATD]

I am talking with my client over e-mail about a logo they would like to be designed, but they are asking to me enter into a CDA. Basically my client wants all information and ideas exchanged through the process stays between us and only us. I don't have a problem with that, obviously. I am just wondering if anyone else has entered this agreement before with a client and how did it go?

Also another concern: they are saying they want to make sure they all have rights such as copyright to the logo. Again, this is obvious... of course she would. But I am just making sure this is what I think it is: just her use of the logo and no one else's?

I'm sorry if I seem misinformed about this. This is the first client that has approaced me with this. So if someone could explain the process, that'd be great. Thanks a lot!

I have done these many times, it's not unusual. However I have signed some agreements that prevented me for ever showing anyone the work I did, even after the project is in the public eye. I would have a talk with the client to see what they mean by this agreement.


BTW as a rule I will not show work until my client puts it into the public eye, agreement or no agreement. It is a matter of trust.

 

[dornoforpyros]

Yeah I wouldn't be overly worried about it. Just make a point of asking about use in your portfolio (be it online or whatever) just so theres no confusion about it. I worked for a company that decided their NDA meant I could lay no claim to the work what so ever. Hence I spent I have about a 6 month hole my portfolio where I've got no output.

 

[p0intblank]

Many companies required such nondisclosures as a matter of standard procedure. As long as they're not unreasonably restrictive, they shouldn't be a problem. In your case, you might be invited to their company to see a product for which you're designing a logo and they just want to make sure that you're not going to speak about something you might see on a whiteboard or whatever.

As for the ownership issue, traditionally one that pays for the design/creation service owns the rights to the work product. It sounds like they're just being thorough in stating that fact. I'm sure others here can speak to this issue in more detail.

So basically it's fancy talk for "let's keep all exchanged information between us confidential," correct?

 

[dornoforpyros]

So basically it's fancy talk for "let's keep all exchanged information between us confidential," correct?

yup!

 

[p0intblank]

Alright. Thanks a lot for the quick help, guys!

 

[Coheebuzz]

Don't worry about the CDA, all my clients happen to be paranoid and think they invented a super-secret-flying-donkey. However in a few occasions when the 'secret' got out (wasn't me) i had them calling and making interrogations!

Also you underestimate the copyright issue... If you have an employer then the copyright belongs to him, but if you are commissioned by someone who isn't your employer you retain the rights for the work, and the client only has a limited license for reproduction of the work! So i would advice you to clearly lay down the terms on the contract. And another thing, usually you just double the fee if the client wants the copyrights

 

[p0intblank]

Don't worry about the CDA, all my clients happen to be paranoid and think they invented a super-secret-flying-donkey. However in a few occasions when the 'secret' got out (wasn't me) i had them calling and making interrogations!

Also you underestimate the copyright issue... If you have an employer then the copyright belongs to him, but if you are commissioned by someone who isn't your employer you retain the rights for the work, and the client only has a limited license for reproduction of the work! So i would advice you to clearly lay down the terms on the contract. And another thing, usually you just double the fee if the client wants the copyrights

If you don't mind my asking, how did the 'secret' get out a few times?


But yeah, I'll be fine with it. I just wasn't sure since it is my first time getting this from a client. Thanks again for the help!

 

[MontyZ]

.

 

[Coheebuzz]

pointblack, i emailed you a pdf Copyright Guide for designers from MacUser magazine which i think you will find extremely helpful!

Also i have no idea how the secret got out, but to give you an idea i was commisioned by a big ad agency to do the some work for a big tv campaign, and just a week before the launch date another ad for a competing product with similar, almost to identical concept pops up! What i was pissed about is because a lot o people worked their asses off for nothin'.
But this is what big coorporate ass ad agencies get for not treating their employees properly - they seem to use a 'fast-food employee model' - hire a new designer, pay him nothin and when he gets pissed let im go, their are hundreds begging for a job. I mean designers go from one to another agency every few months, how the hell do you want to keep secrets? Especially from people which are pissed with you! Anyway, this is more or less how secrets get out. Thats why i went freelance!

 

[p0intblank]

Yes, I am a freelancer as well and that is how I like it, for now at least. And I got your e-mail. Thanks for sending it to me, I'll be sure to read over it sometime today.