I’ve designed a few pieces that I want to have mass produced, and am
dealing with a manufacturer in the LA jewelry district, who won’t
sign a non-disclosure agreement. He does the Rhino work, and is an
excellent designer and technician, and I’m convinced that he does not
share his files with manufacturers, but he builds or mills the pieces
in his shop and sends them out for casting. He says after it leaves
his hands he can’t be responsible for the security of my designs, and
that he doesn’t have confidentiality agreements with the companies he
farms his stuff out to. He claims nobody does in that area. I know he
does design and manufacturing work for some very highly respected
names in the jewelry business.
I’ve had things made back east, and never had a problem getting a
protective legal agreement signed.
Is this a new thing, or a California thing, or is it a big red flag?
My designs are very innovative and unusual, and I feel that I need to
protect them.
Would filing copyrights on each of my drawings be enough protection,
or any protection for that matter? He says they’re going to get
ripped off as soon as they hit the market anyway, and he doesn’t want
to be sued for someone else’s act.
I know there’s a lot of experience and wisdom on this forum, and I’m
hoping someone will share their knowledge once again.
Thank you in advance.
Tess
he builds or mills the pieces in his shop and sends them out for
casting. He says after it leaves his hands he can't be responsible
for the security of my designs
Will he sign the agreement if you take the waxes back from him and
send them out for casting yourself? Otherwise, I’d be pretty
unhappy. These days, there’s really no reason you need to deal with
someone local. I’m always baffled by people’s insistence on local
casters, photographers, etc. If you aren’t hand-delivering it, it
really makes virtually no difference where [in the US] they are
anymore. So if you had someone you trusted where you used to live,
I’d urge you to go on working with them. This guy sounds cynical at
best.
Noel
I’ve only had one person ask me to sign such an agreement, and he
was a very, very famous person. First off, while it may be helpful to
file a copyright, you don’t actually need to do that anymore to HAVE
the copyright - proof of having it first is enough. As for the rest,
it seems to me that what your guy says is reasonable, in it’s way.
Being in the diamond business, where everything is based on trust,
if somebody comes in and wants it on paper we tend to wonder why.
It’s not that you are at all wrong, but I wonder why you want it on
paper anyway. If you don’t trust him, why are you dealing with him?
If you do trust him, why do you want a paper that says you don’t? And
what he says is largely true - if it’s good and it goes out into the
world, it will be copied by someone. If your agreement says clearly
that I am responsible for your design while it’s in my possession, I
would have no problem signing that. If it says, as it sounds like it
does from what he said, that I am responsible for your designs for
everything that might happen to them after they come into my hands -
well, what kind of fool would sign that? The real solution is really
quite simple. If you want control you need to be in control - do
your own manufacturing.
http://www.donivanandmaggiora.com
He says after it leaves his hands he can't be responsible for the
security of my designs, and that he doesn't have confidentiality
agreements with the companies he farms his stuff out to. He claims
nobody does in that area.
He’s right…Nobody does in this area…Know who you are working
with. He probably uses a reputable caster. write me off list, and I
will eihter vouch for him or not if I know him.
Lisa, (lunatic neighbor built a vertical staircase from his property
1000 feet down to mine…destroying huge swaths of chapparal and
grape vines…insisting that my driveway was a public
road…sigh…There just isn’t enough medication on the market is
there?)
Topanga, CA USA
It is very simple. If you feel your product deserves protection, then
a NCA provides some. It is only a statement by the person signing
that they will not provide any informtion about your design to
others. He may want some assurance that giving your product to others
does not constitute revealing That seems reasonable.
However, be aware that if he is allowed to give it to anyone, your
design has a greater chance of being copied. Perhaps you should
include a statement of agreement for only those subcontractors he
uses. It’s a tough issue when things are handed off to subs.
Hi All;
I manufacture for a number of designers. Some have asked for
confidentiality agreements, others have not. I will gladly sign a
confidentiality agreement. I, however, am in control of the entire
process of manufacture, so I feel I can guarantee confidentiality up
to my client’s receipt of their product. Even when I am not presented
with a formal agreement, I guarantee confidentiality. I have always
thought that this was the industry standard, so perhaps this case of
yours is something new in the industry. I think I would insist on an
agreement. There are other shops that won’t be troubled by these
agreements. I also think there is little reason for me to want to
steal someone else’s designs. I prefer my own product to represent my
own efforts. Besides, who would want to be famous for copies? It’s
like being an Elvis impersonator. Lame.
David L. Huffman