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.
* * *
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.
* * *
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
* * *
* * *
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 
Dear Mark,
The standard query letter contains a synopsis of the ‘book’ written in the body of the query. Some submission sites ask for a query in one box then ask for a separate synopsis in another. Do I omit the synopsis from the query letter. Are they asking for a mini-synopsis in the query and an in-depth, complete synopsis of the whole book?
Hi Wayne, yes… mini-synopsis in the query (think 1-3 single-spaced paragraphs) and a separate, 1-2 page double-spaced synopsis. Look at my FAQ page here to see the difference and tips to help you with both: https://thebestsellingauthor.com/ask/.
All my best,
– Mark
Mark Malatesta
http://markmalatesta.com
The Bestselling Author
https://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Hello Mark,
I finished my book, edited it seven times, removed duplicate words and began querying. The first two responses were rejections because the “hook” wasn’t enticing and after analyzing my query, I understood. I was writing the query from my perspective, not the agents. I redrafted my query ten times, each stronger than the previous and am continuing my submissions. My point is, ‘I know you read what I wrote, but you understand what I meant?’ I suspect many suffer the same problem.
Hi Wayne, well said… and the challenge that every writer faces… writing anything… getting inside the reader’s head. Thank you for posting!
All my best,
– Mark
Mark Malatesta
http://markmalatesta.com
The Bestselling Author
https://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Dear Mark,
How hard is it to get the rights to my book away from a print-on-demand company?
Thank you,
Carol
Hi Carol, look at my FAQ page, the section under “Previously Published Authors,” located here: https://thebestsellingauthor.com/ask/.
It has the information you’re looking for. 🙂
All my best,
– Mark
Mark Malatesta
http://markmalatesta.com
The Bestselling Author
https://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Hi Mark, is mailing your manuscript to yourself still a viable way to copyright material? My main concern is the bits of material,such as book blurbs, upcoming titles,and poems that I post on my website.
Hi Robin!
Take a look at this article if you haven’t seen it already, my take on what you need to know about copyright: https://literary-agents.com/how-to-copyright-a-book/.
It’s the best way to go…
If you want help with anything else, you can post questions for me online here: http://thebestsellingauthor.com/ask/. You can also (if you haven’t done so already) get access (no cost) to all the valuable resources in our private, members-only area here: http://thebestsellingauthor.com/membership/. And you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/.
Have a great day, and week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
My book is the kind of romance/fiction that will keep a woman so interested she may even leave the breakfast dishes in the sink and let the kids go to school with dirty socks on. She’ll sit down with a cup of coffee and the book.I loved writing every word of it but the query letter has me walking on a tight rope when it comes to comprising it. It is comparable to stage fright and I am immobilized. Can you help me???
Hi Alice,
I’m happy to help if I can… but I want to make sure you know that I’m a former literary agent turned author coach. Now I help authors get top literary agents, publishers, and book deals.
I answer general questions online here (no cost). So, if you want help, you can post questions for me online here: http://thebestsellingauthor.com/ask/.
You can also get 1-on-1 feedback on things like pitch materials such as query letters, samples pages, websites/blogs, etc. by registering for a introductory coaching call with me (more information about how to do that below).
And (if you haven’t done so already) get access (no cost) to all the valuable resources in our private, members-only area here: http://thebestsellingauthor.com/membership/. And, again, you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/.
Either way, I’m looking forward to learning more about you and your work.
Happy 4th of July and have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Excuse my ignorance but what are the steps to getting your book copywrited before it’s published?
Hi Lorene,
I get that question a lot…
Take a look at this article which is my take on what you need to know about copyright: https://literary-agents.com/how-to-copyright-a-book/.
If you want help with anything else, you can post questions for me online here: http://thebestsellingauthor.com/ask/. You can also (if you haven’t done so already) get access (no cost) to all the valuable resources in our private, members-only area here: http://thebestsellingauthor.com/membership/. And you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/.
Either way, I’m looking forward to learning more about you and your work.
Happy 4th of July and have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Mark
I was talking the other day about this same subject, you have ease my mind considerably. I want to thank you for that. Also with out appearing uneducated what does spammer mean?
Thank you Bruce, and here’s the answer to your spam question: http://spam.abuse.net/overview/whatisspam.shtml.
Have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
I wrote a children’s book made for animation. An artist friend and I developed the character’s looks. I tried to get the illustrations copyrighted with my book to protect these unusual characters. The copyright office contacted me several times to clarify the artist name on my book copyright. However, I have not heard anything else since I answered them. Should I have tried to copyright the illustrations of the characters separately? The book is not illustrated only the characters of the book.
Hi Chris,
Take a look at this article which is my take on what you need to know about copyright, but you’ll have to follow up at the copyright website and office to figure out what you need to do with the illustrations as I’m not sure how that works: https://literary-agents.com/how-to-copyright-a-book/.
If you want help with anything else, you can post questions for me online here and hopefully I’ll be of more help: http://thebestsellingauthor.com/ask/. You can also (if you haven’t done so already) get access (no cost) to all the valuable resources in our private, members-only area here: http://thebestsellingauthor.com/membership/. And you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/. Either way, I’m looking forward to learning more about you and your work.
Have a great day, and week,
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Should I copyright my book before sending it to agents?
Hi LaVonne,
Good question…
Take a look at this article which is my take on what you need to know about copyright: https://literary-agents.com/how-to-copyright-a-book/.
If you want help with anything else, you can post questions for me online here: http://thebestsellingauthor.com/ask/. You can also (if you haven’t done so already) get access (no cost) to all the valuable resources in our private, members-only area here: http://thebestsellingauthor.com/membership/. And you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/.
Either way, I’m looking forward to learning more about you and your work.
Have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
True true. Think of it this way… agents don’t write the books, their clients do. If I were an author and my agent tried to get me to write a book based on “their idea” (or in this case, someone else’s) instead of allowing me to write my own material as most authors have the privilege of doing, I would be very insulted and a wee bit ticked. I never once worried about this. Nobody can write my ideas better than me, and since agents only ask for a bit of your novel, that makes it all the safer.
Amen sister. 🙂
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
I really liked your common sense in this article. Thanks for taking the time to inform.
Thank you Kathryn, much appreciated, and have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Great article, Mark! From what I understand, ideas can’t be copyrighted, only the word content can be. There are many stories where the single mom struggles with the day by day issues of raising children, or someone was murdered using a (fill in the blank), and it’s up to us to ferret out the true killer. These themes are constantly found throughout the pages of past and present books and articles. Mark, is my understanding correct?
Hi Kathy, thank you… and some things are certainly easier to protect than others… every situation is different though and I’m not a lawyer… so I always encourage authors to talk with a lawyer if they’re concerned… better safe than sorry. 😉
Have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
This useful perspective on the NDA offers the new author one less thing to worry about.
Thank you Daniel, and If you haven’t already done so, make sure you click here to access to all the valuable resources I have about getting an agent in my private, members-only area (no charge): http://thebestsellingauthor.com/membership/. Once you’ve entered your name and email address there, click on the link that says, “Audio Training Library”. Then you’ll see my main audio training (and text transcript), which reveals the 7 Insider Secrets You Need to Know to Get a Top Literary Agent, Publisher, and Book Deal.
If you want help with anything else, you can post questions for me online here: http://thebestsellingauthor.com/ask/. And you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/. Either way, I’m looking forward to learning more about you and your work. And I appreciate you taking the time to comment.
Have a great week,
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
I have written a book, a memoir, and self-publish it because I could not get an affirmative reply to any of my query letters in hopes of getting a literary agent. The book received a Kirkus starred award and they nominated it as among the top 100 non fiction books of 2012, and sales have been good. Many readers have stated that it would make a good movie. Now where do I go from here without an agent? Any advice you can give would be most helpful and appreciated. Thank you.
Hi Bonnie,
Are you talking about promoting the self-published book or trying to secure a literary agent… with the goal of getting a traditional publisher and book deal?
Let me know…
I’m happy to help if possible… but I want to make sure you know that I’m a former literary agent turned author coach. Now I help authors get top literary agents, publishers, and book deals.
If you haven’t already done so, make sure you click here to access to all the valuable resources I have about getting an agent in my private, members-only area (no charge): http://thebestsellingauthor.com/membership/. Once you’ve entered your name and email address there, click on the link that says, “Audio Training Library”. Then you’ll see my main audio training (and text transcript), which reveals the 7 Insider Secrets You Need to Know to Get a Top Literary Agent, Publisher, and Book Deal.
If you want help with anything else, you can post questions for me online here: http://thebestsellingauthor.com/ask/. And you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/.
Either way, I’m looking forward to learning more about you and your work.
Have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
How exactly does one go about copyrighting their book?
Hi Vivian,
Take a look at this article which is my take on what you need to know about copyright: https://literary-agents.com/how-to-copyright-a-book/.
If you want help with anything else, you can post questions for me online here: http://thebestsellingauthor.com/ask/. You can also (if you haven’t done so already) get access (no cost) to all the valuable resources in our private, members-only area here: http://thebestsellingauthor.com/membership/. And you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/.
Either way, I’m looking forward to learning more about you and your work.
Have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
How do I go about getting my books copyrighted?
Hi JB,
Take a look at this article which is my take on what you need to know about copyright: https://literary-agents.com/how-to-copyright-a-book/.
If you want help with anything else, you can post questions for me online here: http://thebestsellingauthor.com/ask/. You can also (if you haven’t done so already) get access (no cost) to all the valuable resources in our private, members-only area here: http://thebestsellingauthor.com/membership/. And you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/.
Either way, I’m looking forward to learning more about you and your work.
Have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Hi Mark: I would be very honored if an agent stole my book. All my best,
John
🙂
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Mark, Copywright law seems complicated. I’m wondering whether literary agents and then actual publishing companies have lawyers who . . . what? Review and either pass on a writer’s content or red flag certain content for revision or deleting from a manuscript. I’ll research copyright law for authors and then copyright my novel. Thanks for your advice.
Hi Patience, have you seen this article of mine: https://literary-agents.com/you-cant-say-that/?
Also, if you haven’t seen this, my article which is my take on what you need to know about copyright: https://literary-agents.com/how-to-copyright-a-book/.
Have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Hi Mark,
Thanks for a great article on the NDA question. What you said makes absolute sense (as usual). You went on to suggest we copyright our writing and I’m wondering if that is a formal process or do we simply attach the copyright symbol to our work and hope for the best? I live in Canada, maybe our laws are different?
Ann
Hi Ann,
You’re welcome…
Take a look at this article which is my take on what you need to know about copyright, although I can’t remember now if it mentions anything about authors outside the United States: https://literary-agents.com/how-to-copyright-a-book/.
If you want help with anything else, you can post questions for me online here: http://thebestsellingauthor.com/ask/. You can also (if you haven’t done so already) get access (no cost) to all the valuable resources in our private, members-only area here: http://thebestsellingauthor.com/membership/. And you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/.
Either way, I’m looking forward to learning more about you and your work.
Have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
I practiced law for nearly 30 years and one thing is true. It is practice. If you accept the premise your practice will pay off.
Your NDA points are sound however one consideration needs some clarification.
Will a writer’s request for a NDA be looked at more seriously if he/she is willing to pay for it ? If so what form would be most acceptable: upfront cash, increase in agency fee or a larger % based upon milestones achieved ?
Thanks Jack, but an agent is going to sign an NDA… or not… no need to offer to pay for it.
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com