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Nick of ZA

Submission Agreements, Confidentiality Agreements, & NDAs - clarification

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In the much-loved and aptly-named "Article 39" by Mr Sloper, we see three distinct terms used, but no differentiation is made between them: "Submission Agreements, Confidentiality Agreements, & NDAs" Are there any practical differences between these or are they in essence the same concept?

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Quote:
Original post by Nick of ZA
"Submission Agreements, Confidentiality Agreements, & NDAs" Are there any practical differences between these or are they in essence the same concept?
Each one has a specific purpose.

Both NDAs and Submission Agreements can be considered confidentiality agreements, but both have additional, extremely significant, clauses.

Think about purchase contracts. Consider a contract to buy a home and a contract to buy a vehicle. They are similar in that they are contracts to purchase expensive things. But they are very different in details.

If your small business needs any one of them, you are at the point where you need a lawyer.

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frob,

Not at the moment I don't, but I was hoping you could clarify those differences for me as I'm trying to educate myself on these matters well before I need to get legal advice.

Is it correct to assume that whereas NDA is specifically about non-disclosure, a submission agreement (which I presume refers to submission of anything which might have information valuable to the project such as playtesting results data or new game assets) might also involve conditions such as specifying that along with a submission, any rights to that material are also being handed over?

I just don't want to go in "unarmed" when the time *does* come for me to concern myself with these things.

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Quote:
Original post by Nick of ZA
"Submission Agreements, Confidentiality Agreements, & NDAs"

Are there any practical differences between these...

A submission agreement is usually something a publisher produces to denote the terms on which a game concept/demo/full game is submitted by a developer. Frankly a standard NDA should be fine so I would always pay particular attention to any clauses other than "confidentiality", "non-disclosure" and recognition by developer that "publisher may already be working on a similar project". Any clause that gives the publisher any rights what-so-ever over the submission (other than the right to toss it in the trash if they don't like it) should be avoided.

Confidentiality & Non-Disclosure - These two are are usually the same as each other. each may or may not include certain clauses but both will bind the parties not to reveal information that the other party discloses. Unlike a submission agreement (which should be limited to the submission itself) these two will often encompass a developers entire relationship with the publisher, covering any confidential information.

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Ah, OK... here we're referring to the developer vs publisher relationship... I was thinking along the lines of employee (or tester) vs developer. Good to know, thank you.

PS. Just saw you are UK-based, will likely get in touch re your servicesl; I've been looking for someone local to help facilitate.

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