What happens if you breach a non-disclosure agreement?

Veho

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You get ripped apart by robots.


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But seriously, it depends on the kind of NDA. From fines and lawsuits to life imprisonment.
Be very careful what you sign, kids :ha:
 
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FAST6191

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It will vary depending upon the NDA, the enforceability of the NDA (much like contracts in general there are so called unenforceable aspects -- your children can't suddenly become mine or you can't be forced to be my slave, and there are a lot of way more everyday things you can't do), the actions taken to breach it and much more besides.

NDA follows fairly closely with trade secrets so you can also look at that to some extent. Though there is a difference between me joining a company, making it to where to learn the secret recipe (that might be completely unable to be covered by copyright, patent or similar) and going starting my own company doing that and leaking the existence of an upcoming creative project. For one "all profits from your new company are theirs and cease operations" is something a court can enforce where to keep it relevant here then voice actor leaking the existence of a game port/remake is rather harder to assign damages to (though they might try, some places might allow said NDA to have built in fines, some places might see someone forfeit any residual bonuses or payments for the work, some countries might have a punitive aspect baked into the law).
 
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6adget

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The one I signed was 21 years ago, so I'm not sure if it's applicable.

I was not to take employment in another shop for 5 years after my apprenticeship was completed, for a 15 mile radius. If I did I would be liable for damages for something like 10k if I remember correctly.

I don't know how enforceable it was, but knowing the shop owner he would tie it up in court as long as he could no matter the cost. 15 miles might not sound that far, but one would go broke working outside that area doing what I do unless moving outside that state. Eventually that's what I did. 15 years later.
 

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The one I signed was 21 years ago, so I'm not sure if it's applicable.

I was not to take employment in another shop for 5 years after my apprenticeship was completed, for a 15 mile radius. If I did I would be liable for damages for something like 10k if I remember correctly.

I don't know how enforceable it was, but knowing the shop owner he would tie it up in court as long as he could no matter the cost. 15 miles might not sound that far, but one would go broke working outside that area doing what I do unless moving outside that state. Eventually that's what I did. 15 years later.
Non compete clause is probably the term that people want to look up for that scenario. Don't think it falls under NDA, though would be a contract and there might be NDA aspects to said contract as well (you say shop so assuming machine shop then taking a bunch of their designs, customer designs or methods would be something there). At the time that might be a thing to have a real fight over.
Today then courtesy of a whole bunch of cases they are considered quite a bit weaker*, especially outside management roles, but some specialist roles can still catch a fair bit, and if fatter wallet lawyering (possibly combined with him having a word with whatever competitors employed you or clients/suppliers you might have shared with him) was in play (even worse some kind of binding arbitration) I would certainly take note or speak to someone before making too many aggressive moves.
*even more so if it effectively rendered you unable to work, and that would include geographical fun and games.
The penalty for breaking the NDA should be disclosed in NDA and by the person/organization requiring the NDA. This also means if they aren't disclosed, then there isn't a penalty. Could be wrong, not really an NDA expert.
Having agreed (and enforceable) and specified penalties within the NDA can make the life of the one presenting the NDA easier in court (though might also cap max damages if worded wrongly), however a lot of what you can break a NDA over winds up in damages you have to calculate (my leaving with the secret formula is one thing, my leaving with the secret formula and turning around to make 2 million profit is quite another) and that is where courts do generally come in. To that end open ended things are a possibility.
 

6adget

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you say shop so assuming machine shop then taking a bunch of their designs, customer designs or methods would be something there
I was brought on as an artist. The NDA was concerning the method, and tools used to apply the artwork. Now it wouldn't matter due to the rest of said industry has now adopted most of them.

And you're correct. the part about not working in the same county was a no comp document. i guess I forgot they were two seperate docs. we had an attorney draw them up. 20 years was a long time ago to remember. especially ever since marijuana was legalised in california where I now live.

edited because im a dumb ass and forgot to ad some shit.
 
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FAST6191

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Curious what that might have been. ~20 years ago (maybe going back to 30) there was some stuff as a bit of a shakeup in the surface coatings world and CNC/3d printing worlds, lots of still active patents causing fun and games, and I could see him investing hard in something there if doing crazy outside capable art (advertising/posters, some of the tshirt stuff, sails, trucks/boats/...) but there is only so many ways to scuff/polish a surface, apply a bond coat, apply a fix coat, have a robot draw/cut something and any of those any paint, metal or plastic coating manufacturer would have told you about (naturally offering to sell you their special recipe) and any vaguely skilled operator of a machine (never mind one with even more training) would probably give you the rundown on the methods. However enough to in turn trap an artist... that is dubious, even more so for something that is only within a radius (for me that usually means water -- if there is minimal coastline within a region then that does make things trickier).
 

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Nothing as interesting as that. although I was a pipe welder for several years. It was at a tattoo shop in Vegas. It was on the strip. That's why I said if I couldn't work in a 15 mile radius I would have to move out of state to make any kind of money. shops split your take at the end of your shift. 50%. Most shops on the strip charge $250 an hour. I would work 12 hour shifts, 4 days a week. and you would tattoo your ass off the entire shift. Artists keep 100% of tips, and most clients would tip $40 to $60 an hour. most shops that weren't on the strip charged $150 an hour. 5 days a week, 10 hour shifts, and were slow as fuck. You would be lucky tp get a $10 tip in hose shops. The artists in those shops were not very good either.

The part concerning the NDA was a couple of things. we mixed our own pigments, made our needle heads out of bug pins instead of acupuncture needles, and made power supplies that did not need a foot switch.
 

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That gets even odder then, though about in line with some of the shadiness I have seen in US tattoo circles. Bug pins as needle is interesting, though I tend not to pay attention on that side of things (not to mention basically everything these days wants to be sealed medic grade stuff -- many probably don't even have an autoclave). On a welding related bit then foot pedals went out of fashion around here and then you did find it hard at times to get tig torch buttons, though the difference between tattoo artist and welder can be a small one at times if you can't see their legs.

Don't know Vegas/Nevada tattoos but I suppose if you miss the tourist set you are going to struggle; UK wise it gets odd and a lot of the best (years long wait list, work when they like, in all the magazines...) are in random little villages or small towns. I guess also that many years ago you probably did not have much in the way of internet either to be a named artist in your own right.

Tipping a tattoo artist as well... never really had that here but at the same time there is no great tipping culture for anything.

Suppose the obligatory any maybe not quite drunk tourists you probably should have turned away stories?
 
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