Do you really mean non-compete, or non-disclosure?

NDAs are pretty straightforward, you don't need a business to write or sign one, but you'll obviously have to change a lot of the language in some of the boilerplate NDAs that always get downloaded and copied, since it won't make any sense for an ad-hoc project or even a non-incorporated business. But assuming you tidy up the language, and that your "partners" agree to it, then that's fine.

I will say that they can be difficult to get held up in court, no matter the circumstances; you'll have to be able to prove that they disseminated the information for non-business/non-authorized purposes and that the information was not already known to a 3rd party. The second half is tricky.

Also keep in mind that in order for an NDA to be valid, it has to be protecting legitimate business secrets. Just an "idea" isn't enough. Corporate documents, technical specifications, marketing plans, financial information, that stuff is all valid under an NDA, but a "vision" doesn't count as intellectual property. Or, to put it more bluntly, your idea ain't worth shit in the eyes of the law, it's the execution of it that matters.

If you're really talking about a non-compete agreement then I would say don't bother. I would never sign one of those, not in a million years, nor would anybody else worth their salt in business. You can even end up screwing yourself with those as the "employer" - if you decide to go off and start a second business in the same field then you technically can't hire the same people who worked for you the first time around. Nowadays if I see a non-compete I usually just walk away immediately; if it seems like a really good opportunity then I might deign to discuss nullifying several of the conditions.

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2048-06-66 - Spastic & Whocares ¶ Although I'm Actually Flattered
9999-45-81 - Tweaker Gimp ☼ I Probably Won't Even Go To This But I Have To Make Sure I Fill Up All The Available Space Here

Ok thanks Digi I will def keep that in mind. And I had no idea signing noncompetes was frowned upon.
I just wanted to get a better idea of the general protocal and you outlined it very well for me. Thanks.

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why would a staff member work for you for free and sign a form saying that they can't use the skills they've learned to make money later? you really aren't offering them and incentive not to

would be suprised if someone would directly rip off your idea... if it's for anything to do with EDM production, you're not going to make enough money, no matter what it is for anyone smart enough to rip it off to do it...

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Is it a rolling bassline?

Robby i think you should pay Digi to be your patent attorney

I went to see one ages ago for an idea i had as well, they charge the earth, basically just to submit a legal document, as well as perform a patent search to make sure your idea isn't in fact in the pipeline (which is bullshit).

The trouble is, it's not that everyone is looking to shaft everyone, but there is no sure guarantee that your idea is safe even if you follow legal protocols. But, that being said, its best to cover all angles if you believe your idea is a sure winner.

I found it particularly difficult in that if your idea costs a fair wack on money to get it of the ground, then obviously time is what you need to complete it. Then you run the risk of it being exposed, and then sommeone else coming along with the money steam rolling you (especially if you have conveyed it to get it of the ground). The biggest problem i ran into to was trying to explain to someone what i needed done (electronically) without telling them, yet they were to make it. As like I said, no matter which channel you choose to go down to get it done, be very mindful that in no way can u encompass 100% certainty. Just careful planning.

all the best with it..!

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Last edited by Energy_3 on Jan-17-2010 at 11:38

chances are thousands of people already know about your idea, and have already copy righted it .

quote:

Originally posted by LoveHate chances are thousands of people already know about your idea, and have already copy righted it .

You can't copyright an idea either. Nor can you patent, trademark, or put any other legal protection on it. State departments may be getting loose in their definitions of Intellectual Property but it still has to be something that isn't totally abstract.

Also, one thing I forgot to mention yesterday is that neither an NDA nor a non-compete can be (reliably) used to prevent disclosure of information that was known before the agreement was signed. I suppose you could try, but if information ever "leaked" then said individuals could just claim that it happened prior to the agreement, and it would be very hard for you to prove otherwise.

There are obviously some instances where a non-compete is acceptable, even necessary, but those are invariably in super-specialized fields with months or even years of expensive training and obscene pay. In that case, there's usually a non-compete term of maybe a year to prevent people from just quitting after the training - but the term is also usually effective from the hire date and not the termination date. It's the last part that's especially important. At some point it has to be acknowledged that you've paid your dues and that they don't own you.

___________________
My party schedule:
2009-02-21 - DJ Attention @ I'm So Popular
2009-06-18 - DJ Annoying @ People Need To Know Where I'll Be
2012-11-32 - DJ Insufferable ɸ Or At Least the Stalkers I Complain About
2048-06-66 - Spastic & Whocares ¶ Although I'm Actually Flattered
9999-45-81 - Tweaker Gimp ☼ I Probably Won't Even Go To This But I Have To Make Sure I Fill Up All The Available Space Here

i'm interested in hearing the idea

your musical skills are rather bleak
your grasp of technology is weak.

The only thing I can think of is compilation dj sets for juice heads to weight lift to.
Maximum Push trance Nation 2020

Wonder when someone will invent IP based multi user sessions.. Some application layer that sits on top of the DAW and allows users to simultaenously write tunes togther over the net.. now that would be worth a dime

quote:

Originally posted by Aesthetic Wonder when someone will invent IP based multi user sessions.. Some application layer that sits on top of the DAW and allows users to simultaenously write tunes togther over the net.. now that would be worth a dime

1995. Impulse Tracker. Yes they did have it already back then. There's several solutions on this these days too. Very few though.

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quote:

If less is more think about how much more more would be. -Frasier