Artist Non Disclosure Agreement Template for United States

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Key Requirements PROMPT example:

Artist Non Disclosure Agreement

"I need an Artist Non Disclosure Agreement for a freelance digital artist who will be creating concept art for our upcoming video game, with special provisions for allowing the artist to use certain approved works in their portfolio after January 2025."

Document background
The Artist Non Disclosure Agreement is essential when engaging artists in projects involving sensitive or proprietary information. This document is commonly used in the United States when artists need access to confidential materials, designs, concepts, or business information to complete their work. It provides legal protection under federal and state laws while balancing the practical needs of artistic creation with confidentiality requirements. The agreement typically covers definition of confidential information, usage restrictions, intellectual property rights, and obligations for protecting sensitive data.
Suggested Sections

1. Parties: Identifies the disclosing party (typically the company/studio) and the receiving party (the artist)

2. Background: Explains the context of the agreement and the purpose for sharing confidential information

3. Definitions: Defines key terms including 'Confidential Information', 'Artistic Works', and 'Trade Secrets'

4. Scope of Confidentiality: Details what information is considered confidential and protected under the agreement

5. Obligations of Receiving Party: Specifies the artist's duties in protecting and handling confidential information

6. Term and Termination: Defines how long the NDA remains in effect and conditions for termination

7. Return of Materials: Requirements for returning or destroying confidential materials

Optional Sections

1. Non-Solicitation: Prevents artist from soliciting employees or clients. Include when artist will have access to client or employee information

2. Work for Hire Provisions: Clarifies ownership of created works. Include when artist is creating works during the engagement

3. Social Media Guidelines: Rules for sharing work-related content on social media. Include when artist has social media presence related to their work

4. Exhibition Rights: Terms for displaying work in portfolios or exhibitions. Include when artist needs to showcase work for professional purposes

Suggested Schedules

1. Schedule A - Specific Confidential Information: Detailed list of specific confidential materials or information

2. Schedule B - Approved Uses: List of pre-approved uses of confidential information

3. Schedule C - Security Protocols: Specific security measures required for handling confidential information

4. Appendix 1 - Project Details: Specific details about the project or work involving confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Defend Trade Secrets Act (DTSA) 2016: Federal law that provides uniform federal protection for trade secrets, allowing companies to file civil lawsuits in federal court for trade secret misappropriation

Economic Espionage Act: Federal law that criminalizes the theft or misappropriation of trade secrets with the intent to benefit foreign powers or cause economic harm

Copyright Act 1976: Primary federal copyright law that protects original works of authorship including artistic works, providing creators with exclusive rights

Visual Artists Rights Act (VARA) 1990: Federal law that provides moral rights to visual artists, including rights of attribution and integrity for works of visual art

Uniform Trade Secrets Act: State-level legislation (adopted by most states) that provides consistent state protection for trade secrets and remedies for their misappropriation

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation that vary by jurisdiction

National Labor Relations Act: Federal law governing labor relations and protecting workers' rights, relevant if the artist could be considered an employee

Independent Contractor Regulations: Federal and state regulations defining and governing independent contractor relationships and classifications

Trademark Laws: Federal and state laws protecting distinctive marks, symbols, or designs used in artistic works or branding

Patent Laws: Federal laws protecting novel, non-obvious inventions or designs that might be incorporated into artistic works

Moral Rights Provisions: Legal provisions protecting artists' non-economic rights, including the right to be credited and to preserve the integrity of their work

State Intellectual Property Protections: Additional state-specific laws that may provide supplementary protection for intellectual property and artistic works

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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