I have been working on a game concept for a couple of years now and I am trying to get people to work on the game with me. But to convey my ideas i need to tell them to potential workers. I know that an NDA is the standard procedure for these sorts of matters. But I am not sure on how to write one up online, what it will protect, and basically how to set it up. I really just don't want people to take a look say no and then develop it or tell someone about it. Any advice? edit: I was looking at this: http://web.archive.org/web/20000410113249/http://www.patentcafe.com/inventors_cafe/CDAVersion4.0.html but I'm not sure how applicable it is in an online meeting.

Quote: Original post by jchmack
Any advice?

Get a lawyer and ask for a mutual NDA.

Quote: Original post by jchmack
I am trying to get people to work on the game with me. ... I know that an NDA is the standard procedure ...
I really just don't want people to take a look say no and then develop it or tell someone about it.

Hi JC,
So how's this going to work? You're the designer of the game idea, and these other people will program it, make the graphics and audio? Or you're the designer and programmer, or what?
And after the game is made, then what? Are you just making it as a portfolio piece so you can get work in the game industry, or are you hoping to make money from the game? And if the latter, what are the other team members going to get?
Don't worry about them taking your idea and running with it - that's very unlikely. What's also unlikely is that you'll get others to create your brainchild for you, in exchange for future royalties. If that's what you were thinking. Guess what I'm saying is, I'm not sure what you're thinking.

I think an NDA is less important than a collaboration agreement myself, but of course you can always just copyright your concept before sharing it with potential coworkers.

LOL i am sorry for any ambiguity.

I have been brainstorming and programming the game for 3 years now. The programming is just about done. The main thing I hope to protect is the game play mechanics.

I really just need artists to develop 3d assets and the sounds for me. I have been developing the engine and it works very well.

I would love it if the game was released and it could make money. But from a realistic standpoint this could be hard. I am planning to release it as freeware with maybe a few ads to pay for servers. I have already made it clear to the artists I have now that they wouldn't be paid. But i just don't want them to run off with the idea.

You said that a collaboration agreement is more important, but im not exactly sure what that is (ill do some googling).

As for hiring a lawer. I honestly would love to but I don't have the finances for that right now. If there is some way I might be able to protect my IP w/out having to pay a lawyer I would prefer to do that ;).

[Edited by - jchmack on August 27, 2008 12:37:44 AM]

Quote: Original post by jchmack
If there is some way I might be able to protect my IP w/out having to pay a lawyer I would prefer to do that ;).

Yes, there is a way: don't expose your IP to anyone. *shrugs*

You have three options: contract experienced legal counsel to write a mutual NDA, write a mutual NDA yourself, or forget about requiring an NDA. The first option is ideal; however, you can also work with Tom Buscaglia's Kit. The second option could work, but most people, who are not experienced with writing such agreements, write extremely poor NDAs. The third option is just bad business.

Quote: Original post by jchmack
Any advice?

As Morgan has said you can either buy a ticket from an airline, you can steal a plane and try to fly yourself or you can flap your arms real hard but.....

Quote: Original post by jchmack
I would love it if the game was released and it could make money. But from a realistic standpoint this could be hard. I am planning to release it as freeware with maybe a few ads to pay for servers.

.....As for hiring a lawer. I honestly would love to but I don't have the finances for that right now.

I am normally one of the first to stress the importance of legal protection for game developers but there is a certain level below which protection becomes meaningless. Not only does it cost money to create the necessary paperwork but it costs even more to get a lawyer and take people to court if they infringe your rights. If the project isn't going to make any money then what exactly is the point of the protection?

Next off there is a certain level of protection in time to market - you have already invested time into developing the game. Anyone seeking to steal your idea would also have to invest time to develop the game and it is very unlikely that they would manage to get to market ahead of you.

Conclusion
There really is no point in spending money protecting an idea just for the sake of it. Go ahead and Goggle "Mutual NDA" and you will find a host of sample documents. Get your team to sign one of these and that at least will put most of them off the concept of stealing your idea.

Then just get on and finish the game and get it to market. If it makes nothing then no matter. If it makes money great - at that point you can worry about registering trademarks and people pirating your game or ripping off the idea to make clones. The chance that anyone you tell your idea can realistically steal it and get the game to market before you are pretty damn slim.