What’s a Nondisclosure Agreement or NDA? Do you need one before you submit your book (or book idea) to a literary agent or publisher? And, how likely is it that they might sign a NDA?
This article answers all those questions,
and then some.
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What Is a Nondisclosure Agreement or NDA?
A Nondisclosure Agreement (NDA) is a legally binding contract in which someone agrees to keep something confidential. You might say that a nondisclosure agreement is like copyright—on steroids. Think of an NDA as one more layer of armor that you can use to protect your book.
As an author, you probably like the sound of that…
Maybe you’ve heard rumors about someone’s book idea getting stolen. Or, if you’re a savvy businessperson (or a bit paranoid) you know that piracy is a possibility. After all, what’s to prevent a literary agent from sharing your brilliant book idea with another author who’s already their client?
In short, a lot.
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Should You Try to Get Literary Agents to Sign an NDA?
I’m not saying you shouldn’t take every measure to try and protect your work. You should (my legal counsel made me say that). What I AM saying is that stealing your idea is probably the last thing on a literary agent’s mind.
Why?
For starters, most literary agents get more than 1,000 (in some cases 1,500) submissions every month. That means agents don’t need to steal ideas.
Seriously.
Literary agents have more good ideas than they can handle as it is. When a literary agent tells you (in one of those trying-to-be-polite form rejection letters) that they’re forced to pass on lots of publishable work…
They’re not lying.
If you’re losing sleep over the possibility of someone taking your ideas… think about what that would really mean. How long would it take someone to copy your book or incorporate your ideas into their own book—and do it in a way that it doesn’t seem like yours?
When you consider the amount of time and effort that would require,
it doesn’t make much sense, does it?
Then there’s the potential for legal action…
Do you really think a literary agent is going to risk his or her career and lifestyle over something like this? Besides, a literary agent could go to all that trouble, and the book still might not sell.
Um, yeah…
I don’t think so.
Now, when it comes to the movie industry you have more of a reason to be concerned. That’s because it’s easier to write a 110-page screenplay than a full-length book. So idea theft is more common in Hollywood.
But not much…
It’s extremely rare to see cases like this reported in the media. And, when they do pop up, there’s often nothing to the story. It’s usually just a frustrated author who thinks someone stole his or her idea; because (guess what), most ideas aren’t as original as we creatives (myself included) like to think they are.
Before my father passed away when I was a teenager, he was convinced that someone stole his idea for putting electric windows in cars. He told me that story a lot when I was growing up. And he was not happy about it.
I know, maybe he really was the
first person to think of the idea.
But I doubt it.
Now, because it’s easy for authors to get the wrong idea, most movie executives and literary agents (as well as smart coaches and consultants like myself) refuse to sign nondisclosure agreements. It’s just too easy for an author to see a “similar” book or movie down the road and wonder if we were up to some shenanigans.
So…
You’re not going to get most successful people in the entertainment industry (including myself) to sign an NDA; in fact, you’re going to have to sign an agreement instead. It will say that your ideas are, well, your ideas… and that you didn’t steal them from someone else. How’s that for “flipping the script?”
You’ll also have to say you understand that the literary agency has access to materials and ideas that may be similar to yours in theme, idea, plot, or format. And you’ll have to acknowledge that you won’t be entitled to compensation because of the use of any such similar or identical material if the literary agency or its clients create such material independently.
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Nondisclosure Agreements – The Bottom Line
So, what can you do to protect yourself if you can’t get a literary agent to sign a nondisclosure agreement? Start by copyrighting your book. Then do your due diligence and research people (success stories and testimonials are a good indicator of reputation and ethics). Lastly, trust your instincts.
At some point, if you’re serious about getting your book out there… you’re going to have to trust someone. I know that can be hard, especially if someone has burned you in the past. But you’ve got to get over it.
True…
An agent can’t steal your idea if you don’t put it out there.
But you can’t get a publishing deal
that way, either.
– Mark
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MARK MALATESTA is a former literary agent turned author coach. Mark now helps authors of all genres (fiction, nonfiction, and children's books) get top literary agents, publishers, and book deals through his company 
MARK MALATESTA is a former literary agent turned author coach. Mark now helps authors of all genres (fiction, nonfiction, and children's books) get top literary agents, publishers, and book deals through his company 
Your flipping the script statement is so true. I worked in the music industry. Nobody rips off more than in the music industry. A&R won’t even listen to your music unless you get their permission. When someone is a gate keeper and has the power, they often take it as an insult in music.
I prefer to write screen plays, so thanks for, “when it comes to the movie industry you have more of a reason to be concerned. So idea theft is more common in Hollywood.”
Does that mean I should go to NY? :~) | Nondisclosure Agreements – NDA
Hi Tarone, good hearing from you. I didn’t even think about the music industry when I wrote this article. My main suggestion is to keep your ideas to yourself until a work is done. Then be smart about who you share your ideas with. And copyright your work. Here’s to your success. Have a great weekend and hope to see you again soon. Mark | Nondisclosure Agreements – NDA
Hi Mark
Just thought I would share this ‘trying to be polite reply rejection’ words used were ‘not connecting wholeheartedly’, ‘despite the poise and polish so I ought to step aside’. But I felt elated that of the hundreds of submissions that will not recieve a responce mine pushed the agent to the point of reply,maybe it was so bad he had to let me down gently! | Nondisclosure Agreements – NDA
Hi George, that’s a common phrase that gets thrown around in rejection letters. If you haven’t already done so, check out this article I wrote about interpreting literary agent feedback: https://literary-agents.com/get-a-literary-agent/literary-agent-feedback/. Then let me know what you think. And have a great weekend! Mark | Nondisclosure Agreements – NDA
Hi Mark
I think Lennon & Mcartney hit the nail on the head with “all you need is love” ‘ nothing you can do that can’t be done’ —– ‘nothing you can make that can’t be made’ —-‘nothing you can know that is’nt known’—–‘nothing you can see that is’nt shown’ “Yes I know I’ve gone overboard but this song says it all,it recognizes the number one fault in humans arrogance! Nomatter what we think,do,say,or write someone somewhere other than ourselves can claim the credit. | Nondisclosure Agreements – NDA
Hi George, good point. But no one can say what we say exactly the way we say it. Your voice is all your own, so thank you for sharing it. 😉 And have a great weekend! Mark | Nondisclosure Agreements – NDA
Another thing about fitness (then I’ll leave you alone:). I once went to a health seminar that said our physique is 80 percent diet and only 20 percent physical). In other words, if we do minimal work in the gym we can have nice bodies, provided we eat right. And eating right is more about what we don’t eat than what we do. Lots of people have 6 pack abs, and if they just get rid of the fat, they will show up! Don’t have to kill yourself in gym. Just eat clean, and you’ll never have a problem. | Nondisclosure Agreements – NDA
Hi KW, you’re not bothering me… and you’re right. 80% of fitness and physique is diet. But, when you’re out of shape (like I was) lots of working out can certainly speed up the process of bringing the body back into balance. And visible abs is all about having a low enough percentage of body fat, which again, is mostly due to diet. So you’re completely right. Have a good night! Mark | Nondisclosure Agreements – NDA
Regarding NDA, what you’ve said comes as some relief, as I am often making remarks to my husband about such concerns. It seems I am seeing “stolen material” in new books, and it bothers me. With all my submissions, I wonder how much of my ideas get into people’s subconscious. And that they may not intend to steal my ideas, but it happens! Silly stuff like that, do I worry about sometimes. I am relieved after reading your article, for I now know I have nothing to fear or worry over:) | Nondisclosure Agreements – NDA
Hi KW, better to be safe rather than sorry whenever possible… but most authors fears are unfounded when it comes to this. The subconscious is probably the greatest thief, like you said. But there’s nothing we can do about that. 😉 Mark | Nondisclosure Agreements – NDA
Hi Mark! First off, Regarding your health and wellness crusade-good for you, and hats off!
Be sure to keep the raw food supements going so you keep up your B12 levels, this helps with Energy levels! (I’m into health also. My motto: if it doesn’t swim in Gods waters, or grow in
God’s orchards, DON’T eat it!!). And don’t refine or process it, either! | Nondisclosure Agreements – NDA
Hi KW, thank you… and yes, I’m taken care of in the diet department. Ingrid is lifelong nutrition wizard. All I have to do is follow her directions and eat her food. 😉 Here’s to your good health. Have a great weekend and hope to see you again soon. Mark | Nondisclosure Agreements – NDA
Hello Mark, and congrats on the success of your new healthy lifestyle! This article was very informative, thank you for sharing. I do have a question: It has been posed in my writing group that another form of protection is putting the copyright symbol and your name on the document before you send it anywhere online. Is that all it takes to copyright it? | Nondisclosure Agreements – NDA
Hi Mary Ellen, and thank you. I tend to shy away from giving anyone anything that comes close to legal advice. I can say this about copyright though. It’s not complicated. I suggest you go to Google and type in “copyright book gov” and find the official US government website that tells you what to do. That way you can’t go wrong. Have a good weekend and hope to see you again soon. Mark | Nondisclosure Agreements – NDA
Hi Mark, This is the first I’ve heard about the need to copyright my manuscript. Is this something I should do? Naturally there will be more revisions, and the title may change again (I changed it today, by the way). So does copyrighting make sense at this stage of the game? | Nondisclosure Agreements – NDA
Hi Ellen, everyone should do this… and now is a good time. I need to write an article about it. For now, just Google, “copyright book gov” and find the official US government website that tells you what to do. Have a good weekend and talk soon. Great question! Mark | Nondisclosure Agreements – NDA
Oh good Lord… That’s how I look without my shirt on, too! Us Italian girls… I’m so behind the curve that I hadn’t even considered this topic…. I successfully blocked the early release of the prisoner, this book began with, last week and this week you will be looking at my (not hairy chest) author questionnaire and query … Love reading your post though they make me feel a little…well, my plan B is making sure plan A works so I’m not going to sweat it!! | Nondisclosure Agreements – NDA
Hi Tammy, you are too funny. And I’m 1/4 Italian as well, so all the better. Here’s to waxing, writing well, and doing all we can to get books out into the world… the right way. Have a great weekend and hope to speak with you again soon. 😉 Mark | Nondisclosure Agreements – NDA
NDA have their uss, but unfortunately the paranid tend to abuse them. I can think of many situations in which an NDA doesn’t just protect a writer, but the agent as well. If an agent signs an NDA, he can’t reveal sources or information. He’s legally backed up with document to prove it.
So NDA might be very useful for expose or sensitive information, or where life might be at risk. NDA has as many appropriate uses as inappropriate uses most likely. | Nondisclosure Agreements – NDA
as for screenwriting being easier since it is 110pp sampler–doubt it. It’s far harder to write short copy than long,Screenwriting is dialogue. .How much fiction fails because the dialogue sux? The writer gets bogged in monotonous descriptions and cliche or vapid conversations that swerve drunkenly across pages like Friday night booze bash?
If Lillian Hellman read this, she’d probably whack your head with her stalwart cast iron typewriter and dump her vodka glass down your clean white shirt | Nondisclosure Agreements – NDA.
hmm. i still think an experienced screenwriter can complete a script faster than an experienced novelist can complete a novel. but, since I’ve never done either, I can’t really say. 😉 mark | Nondisclosure Agreements – NDA
hi pogo, very true. in most cases when authors are trying to protect their work, they really have nothing to worry about. but i sure do understand being a little bit paranoid. especially when someone’s life or safety might be at risk. mark | Nondisclosure Agreements – NDA
I knew a producer in Hollywood who believed his film’s script was stolen by the producers of “Die Hard,” and I have to say, after seeing his film which was made years before, it was extremely similar. He took legal action and, even with the many similarities in plot/characters, he lost the case. It devastated him personally and ultimately ruined his career. He couldn’t give up the fight. Mail yourself a hard copy of the script and leave it in the unopened envelope. The USPS is your best defense | Nondisclosure Agreements – NDA
Hi Lynn, that’s a sad story… especially if it really was a stolen idea. It’s incredibly difficult sometimes coming up with great ideas. And get them out into the world. The last thing any creative should have to deal with is worrying about someone taking their ideas. Here’s to protecting ideas. Thanks for sharing your story and have a great weekend. Hope to see you here again soon. Mark | Nondisclosure Agreements – NDA
Hi! Thanks for this information. I dropped 12 kg’s so far in 7 weeks and i am eager to drop another 10 Kg. Eating healthy is the key. But i do workout 6 days a week,
This NDA is great i also believe that we should not tell anybody about your idea. | Nondisclosure Agreements – NDA
Hi Seema, I love it… on both counts. Here’s to protecting your ideas and staying healthy. Have a great weekend and I hope to hear from you again soon. Mark | Nondisclosure Agreements – NDA
Happy Seminar Day & BRAVO on your healthful lifestyle! Fantastic column! Perhaps some writers are so fearful and paranoid about their work being copied that they miss out on the full joy or “process” involved. (Affected wine snobs often read, massage, and analyze a cork – obviously a repressed bunch – convinced it hails from a different Chateau than what’s listed on a bottle’s label). To miss out on the “enjoyment” of drinking wine however, seems unforgivable! Here’s to trusting the process! | Nondisclosure Agreements – NDA
Hi Leah, reading every one of your new comments is like watching the sun rise. 😉 Thank you, as always, for your kind comments. The seminar went great, by the way. Here’s to not being paranoid… and trusting the process… of everything. Have a great weekend and see you again soon I hope. Mark | Nondisclosure Agreements – NDA
While I understand why those kinds of things are necessary, I’m glad you did this article. A little “insider” and thought provoking discussion on matters does us all good.
As far as trusting people with your ideas… I think the worst you can do is tell someone about your story ideas BEFORE you write it. It’s easy to steal at that point. But, even so, people will have completely different stories based on the same ideas. I’ve learned this in the themed anthology market. | Nondisclosure Agreements – NDA
Hi Becca, I agree about not sharing your ideas too early. For the reason you said, and also because it kind of takes the wind out of your sails. Steals some of the mojo and sucks some of the life out of the writing… and the process. I’m a bit superstitious about it. 😉 By the way, I’ll be sending you that stuff I told you about soon, probably tomorrow. Have a great weekend! Mark | Nondisclosure Agreements – NDA
I’d rather sign a disclosure agreement. Something that forces them to get my book and idea out there (perhaps by encouraging publication), where it might do me some good.
I’ll bet they don’t have those, do they? | Nondisclosure Agreements – NDA
Hi Patrick, yes… anything that will get an agent to buy more in to your project and get behind it is a good thing. Speaking of which, how’s YOUR project going? You have something special there, and you and I both know it. Looking forward to seeing you get to the finish line. But I’m glad you’re taking your time and doing it right. Can’t wait to read your revisions. Have a good weekend and hope to talk with you again soon. Mark | Nondisclosure Agreements – NDA
Thanks for the great advice, as always! I went from 135 pounds and staying pretty consistently at 122 by no longer going to lunch with my coworkers. Instead I walk 3 miles at lunch, rain or shine and I do the best writing in my head during that alone time. Everyone at my gym is on their phone. Except me. Sounds like you are doing a great job Mark, congrats! I also stopped all packet sweetners, replaced with Stevia. I’m having luck with the green coffee bean diet. Thanx again skinny Mark.
debbie | Nondisclosure Agreements – NDA
Hi Debbie, I love it… and you’ll probably like this week’s article (going out in a moment) since that’s what you’re all about. Have a great weekend and thank you for letting me get to know you a little better. Your fellow fitness enthusiast. Skinny Mark | Nondisclosure Agreements – NDA
Mark,
Okay. Let’s talk about scary literary secrets. This is a good one to consider, but there are other so-called agents out there that are not quite as ethical as you. It always makes sense to check backgrounds before considering any agent. Sometimes agents are publishers who will take any material for publication as long as you buy your book and sell it yourself. Had that experience and can tell you, the lies just kept coming, and I fell for each one. Now I’m on high alert. Thanks for info. | Nondisclosure Agreements – NDA
Mark,
I remember when a friend told my husband (the writer in our family) that someone had published a
series of novels on a very similar theme to my husband’s first novel (yet to be completed). We were rather discouraged at first and then I looked up the author’s website and read a chapter and realized that there were many differences in plot and style and probably the two writers would appeal to different types of readers. Some comfort perhaps to worried authors?
Thanks for a great article. | Nondisclosure Agreements – NDA
Hi Gai, this is a great example of what happens. It’s so easy for any author to be suspicious and get afraid in these situations, but it’s usually a false alarm. Have a great weekend and thank you for sharing this. Mark | Nondisclosure Agreements – NDA
Hi Elizabeth, good points. As long as you’re querying agents who are members of the AAR… you’re pretty much in good hands. Most agents who are successful are good, decent people. My wish for you is that you get one of them to represent you. Thank you for posting and have a great weekend. Mark | Nondisclosure Agreements – NDA
Mark, I have had my book “Sixty Seconds to Armageddon” copyrighted at least three times through various stages of development. It was last copyrighted on January 11, 2012 in a form close to what it is today. Have made a few changes since then, but the story is the same. Dick | Nondisclosure Agreements – NDA
Hi Dick, if it’s already copyrighted and mostly the same… I think you’re fine. Looking forward to helping you get your work out there. Maybe an agent in time for Thanksgiving or Christmas. That would be a nice stocking stuffer. 😉 Talk soon. Mark | Nondisclosure Agreements – NDA
Thanks for the information which is quite useful as always! I used an NDA for my graphic artist and editor with no issues, but what you say about not asking Literary Agents makes sense. I’m happy for you and your new health regimen. I did the Master Cleanse once for 3 days. Kudos to you for sticking it out for 10!!! | Nondisclosure Agreements – NDA
Hi Gayla, great hearing from you… and thank you for sharing your experience with NDAs. Yes, I’m continuing to stay healthy… actually writing more about that in this week’s column going out in just a moment. 😉 I don’t think I ever want to do one of those cleanses again though. It was brutal. And now that I’m down to my “fighting weight” I don’t see the point! Have a great weekend and hope to see you again soon. Mark | Nondisclosure Agreements – NDA
I think NDA’s are great for product development, but it seems, for all the reasons listed, a waste of time with written material. Especially your own voice in a book…
The most important piece to put in place is documentation from day 1 of conception to complete interactions with every person along the way, including every email is CC back to your files. Copy every record on a USB or two and if it comes to blows, you can win hands down for showing every bit of data from conception. Win-win! | Nondisclosure Agreements – NDA
Hi Mardell, I agree. I’m a big believer in documentation in general. It’s very easy and normal for people to forget things that were talked about (including myself). Putting things in writing has helped me handle lots of minor misunderstandings in life. Without documentation, it’s difficult. Talk soon, and have a great weekend! Mark | Nondisclosure Agreements – NDA