The Author Publisher Non Disclosure Agreement is essential in the Nigerian publishing industry where protecting both creative content and business processes is crucial. This document should be used before any substantial information exchange between authors and publishers, typically during initial discussions about publication or during the manuscript submission process. It covers confidential information including unpublished manuscripts, plot elements, marketing strategies, publishing timelines, and financial terms. The agreement is specifically structured to comply with Nigerian contract law and intellectual property regulations, providing clear guidelines for information handling, permitted disclosures, and breach remedies. It's particularly important given Nigeria's growing publishing industry and the need to protect both local and international publishing interests in the Nigerian market.
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1. Parties: Identification of the Author and Publisher with full legal names and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information in relation to potential or actual publishing arrangement
3. Definitions: Key terms including 'Confidential Information', 'Work', 'Publishing Services', 'Permitted Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information from both parties
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
1. Non-Solicitation: Prevents parties from soliciting each other's employees or clients, optional based on publisher size and market position
2. Publicity: Restrictions on public announcements about the relationship, important for high-profile authors
3. Data Protection: Specific provisions for handling personal data, required if personal data processing is involved
4. Intellectual Property Rights: Additional provisions protecting pre-existing IP rights, important for authors with established works
5. Assignment and Subcontracting: Rules about transferring rights under the NDA, important for larger publishers
6. Force Majeure: Provisions for unforeseen circumstances, optional but recommended in Nigerian context
7. Alternative Dispute Resolution: Mediation or arbitration provisions, recommended for international publishers
1. Schedule 1 - Specific Confidential Information: Detailed list of types of confidential information specific to the project
2. Schedule 2 - Authorized Representatives: Named individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Measures: Specific security protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality agreements to be signed by employees or contractors
5. Appendix B - Data Handling Procedures: Detailed procedures for managing digital and physical confidential materials
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