The Artist Non-Disclosure Agreement is essential when engaging creative professionals in projects involving sensitive or proprietary information in Belgium. This document is particularly relevant when artists need access to confidential business concepts, unreleased products, or proprietary techniques to complete their work. The agreement, governed by Belgian law, provides a legal framework for protecting trade secrets while acknowledging the unique nature of artistic work and creative expression. It includes specific provisions from the Belgian Code of Economic Law regarding intellectual property and incorporates requirements from the Belgian Trade Secrets Act of 2018. This document is commonly used in situations ranging from commercial art projects and advertising campaigns to museum installations and corporate commissions, ensuring that confidential information remains protected while allowing artists the necessary creative freedom to complete their work.
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1. Parties: Identification of the disclosing party (typically the company/client) and the receiving party (the artist), including full legal names and addresses
2. Background: Context of the relationship between the parties and purpose of the NDA, including the artistic nature of the engagement
3. Definitions: Key terms including 'Confidential Information', 'Artistic Works', 'Project', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including artistic concepts, designs, techniques, and business information
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and non-disclosure requirements
6. Permitted Uses: Specific circumstances under which the artist may use or reference the confidential information
7. Protection of Artistic Works: Specific provisions relating to the protection of artistic works created using or incorporating confidential information
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Duration of Obligations: Time period for which confidentiality obligations remain in force
10. Intellectual Property Rights: Clarification that the NDA does not transfer any IP rights
11. Breach and Remedies: Consequences of breach and available remedies under Belgian law
12. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Public Performance/Exhibition Rights: Used when the artist may need to perform or exhibit work that involves confidential information
2. Digital Security Measures: Include when confidential information will be shared or stored digitally
3. Collaboration with Other Artists: Include when the artist may need to work with other artists on the confidential project
4. Social Media and Online Presence: Include when the artist has significant social media activity that could risk disclosure
5. International Transfer of Information: Include when the artist may need to work across borders
6. Photography and Recording: Include when the project involves photographic or recording restrictions
7. Portfolio Usage Rights: Include when discussing if/how the artist can use work in their portfolio
1. Schedule 1 - Specific Confidential Information: Detailed list of confidential information, materials, and concepts covered by the NDA
2. Schedule 2 - Approved Project Description: Description of the project or work for which the confidential information will be used
3. Schedule 3 - Security Protocols: Specific procedures for handling and storing confidential information
4. Schedule 4 - Approved Third Parties: List of any pre-approved third parties who may access the confidential information
5. Appendix A - Contact Information: Detailed contact information for notices and emergency communications
6. Appendix B - Acknowledgment Form: Form for the artist to acknowledge receipt of specific confidential information
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