Should You Sign That 1 Dreaded NDA?

How would you like it if you arrived at a date’s house and were asked to sign an NDA to commence the date? Would you sign it or walk away dateless?

It is a similar question ghostwriters have to consider when entering into an agreement with a potential client: Are you okay with keeping things secret?

An NDA, or non-disclosure agreement, is often a common element in ghostwriting contracts. Prospects, after all, have information that is important to them and they want to control its access and disclosure. It doesn’t matter if the information is story details, in the case of a memoir; or a company’s product/service/strategy/trade secrets/proprietary stuff for a CEO’s business book, or the name of a corrupt agency/company/person if you’re writing an expository essay highlighting something nefarious, or even something as simple as whether the ghostwriter gets credit or not. Prospects are going to want to protect that information, and a ghostwriter has to decide if it’s worth it to sign the NDA.

An NDA, simply put, is a legal contract, or part of a contract, that outlines confidential material that needs to be discussed but to which one party wants access restricted. The access may be either restricted for a defined time or in perpetuity. The NDA also details the legal consequences of making said material public.

The definition is the easy part. Deciding if you want to honor an NDA request is something else entirely. Some ghostwriting projects won’t require one, while others could or should.

ADVANTAGES

Investopedia lists several advantages: sensitive information is kept secret, it’s usually made clear what can and can’t be disclosed, NDAs are as inexpensive as the paper they’re written on, and they could lead to comfort and trust in the blossoming relationship between prospect and ghostwriter. 

Edward Haman added on legalzoom.com that the sides recognize and realize they have a common goal of finishing the project knowing certain details won’t leak. Similarly, Danny Markus wrote on LinkedIn that NDAs can encourage open communication because both sides can know and trust the confidential information flowing between them is safe and will stay between them.

DISADVANTAGES

However, many people object to NDAs because they see the relationship starting from a point of mistrust. “The implied mistrust and needless burden can also foster negative sentiments, damaging the relationship,” the Lemoyne, Pennsylvania-based law firm Krevsky Bowser wrote on its blog.

Sometimes, people over-rely on NDAs when they’re not really necessary. This, too, contributes to mistrust and potentially strained relationships.

Several sources wrote that one party might not fully understand the NDA’s terms because, perhaps, it’s isn’t clear what can and can’t be disclosed. “If the agreement is too broad or too narrow, it may not provide adequate protection or may impede communication,” Markus wrote. 

This can lead to accidental breaches that further lead to costly legal action, so read the terms carefully or get an attorney to read them for you.

Markus listed another disadvantage: NDAs can be costly to enforce, and success isn’t guaranteed.

One more obvious disadvantage is for ghostwriters who refuse to sign one: They might not get the job.

SHOULD YOU SIGN ONE?

That is a personal question every ghostwriter has to answer for themselves. Since I’m interested solely in doing the work and telling those great and compelling stories, I have no desire to steal anyone’s material and use it for my own gain. Therefore, I have no trouble signing non-disclosure agreements in theory.

The only time I pause is if I’m denied my desire to have my name on the cover and to use the story’s title, cover artwork, and summary in my marketing materials. That can sometimes be a deal-breaker. But not always.

I realize NDAs are a fact of my business, and I’m generally okay with that. It’s not like I had to sign one to date my wife.

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