Sunday, April 20, 2008

Long Time...No Blog...

Greetings All!

Sorry it has been SO VERY LONG since I have blogged for all of you. Time sure does fly.

I just wanted to talk a little bit about something that keeps coming up over and over again - NON DISCLOSURE/CONFIDENTIALITY AGREEMENTS (NDA).

Here is a quick reminder for all of you:

If you are showing a copyrighted/copyright protected item - if someone takes it - that is an instant action waiting to happen. That is why registration is so important. In the day and age where artist are climbing all over each other for work - if you make it hard to see, the company may move on to someone else. Think seriously about non-disclosures if you are showing your 2-D artwork. If you want a compromise...there are plenty. How about showing a sampling or even having certain "public collections?"

HOWEVER, the minute the artwork because a product idea, is placed on a product showing an new idea, you are sharing something like a method, process, or improvement, you need a Non Disclosure/Confidentiality Agreement. These items are protected by a patent. If you do not have a patent and share, there is a strong likelihood the idea could be taken and nothing could be done to stop the other party. This is true if you are a manufacturer OR an artist.

In the day and age where we work in the speed of light - it is easy to forget something so small. However, something so small can lead to something VERY BIG later on. It is important to know and trust the other side - don't be afraid to get references, ask questions, and the like. Even though you have a "piece of paper" signed - it is truly only as good as the other side.

This is a short and sweet...to the point blog. I just wanted to hopefully share my opinion on the whole controversy about when an NDA may be needed. It is very important to be cautious, but not so cautious you end up losing a sale.

I missed you all and I promise to be back sooner!
Create with your head and your heart!
Tammy

3 comments:

Margot Potter said...

Who loves Tammy? Who loves Tammy?

I DO! I DO!

xoxo
Miss Margot

ellensbags said...

thanks for the reminder, Tammy! Your insight is so appreciated!

-ellen

Crafters Calendar said...

Tammy,
Great suggestions!

Best,
www.crafterscalendar.com

The Fine Print!

Since there may be legal discussions going on...there must be a disclaimer!

This blog is for educational and information purposes only. It does not constitute the practice of law. The attorney who writes this blog is only licensed in the State of Ohio and Michigan. There is NO attorney-client relationship of any type. You must sign appropriate documenation and have appropriate new client counseling to be a client of Browning-Smith, P.C. Each and every situation is different and all readers must seek his or her own legal counsel. The information on this blog is not guaranteed for any purposes nor is it to be relied on.