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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33103
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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Can the "Receiving Party" in an NDA ask you to pay a fee to

Customer Question

Can the "Receiving Party" in an NDA ask you to pay a fee to prevent them from using your photos for marketing purposes?
Submitted: 6 months ago.
Category: Business Law
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 6 months ago.

Sure, they can ask. There is no way to make you pay them but there's absolutely no reason they can't ask for it.

Customer: replied 6 months ago.
Hi Good Afternoon! I am an upcoming clothing designer and I am attempting to hire a manufacturing company to produce clothing for me. I have presented them with a non-disclosure agreement so that we can keep my designs, inspirations, finished products and business relationship confidential. They have altered my agreement and would like to exclude posting work they have done for me to social media from being deemed as "confidential information." I do not want them to post work that they done for me on their social media channels such an Instagram, Facebook and SnapChat. They are now asking me to pay a fee to prevent them from posting the finished products to social media.
Expert:  Dwayne B. replied 6 months ago.

Have they already done work for you?

Customer: replied 6 months ago.
They did work for me last year and posted photos of the completed work on social media before I was able to get it to market so this year, I asked them to sign an NDA and they are requested a fee to prevent them from posting the finished products to their social media channels.
Expert:  Dwayne B. replied 6 months ago.

What is your question about that?

Customer: replied 6 months ago.
Can they request money to keep my designs off of their social media?
Expert:  Dwayne B. replied 6 months ago.

Yes, they can request it. You don't have to pay it and if the agreement doesn't allow them to post on social media then a court would likely find it violated your copyright for them to post pictures.

Customer: replied 6 months ago.
okay. Thank you for your answer.
Expert:  Dwayne B. replied 6 months ago.

You're welcome. Is there anything else I can answer for you?

Customer: replied 6 months ago.
Does the designer or manufacturer own copyrighted work for clothing?
Expert:  Dwayne B. replied 6 months ago.

The designer.

Customer: replied 6 months ago.
Thank You very much! I appreciate it. Therefore, they should be paying me a licensing fee to using my designs for marketing purposes.
Customer: replied 6 months ago.
Expert:  Dwayne B. replied 6 months ago.

Correct, unless there was some other agreement. The copyright clearly belongs to you.

Customer: replied 6 months ago.
Okay, thank you! I appreciate it.
Expert:  Dwayne B. replied 6 months ago.

You're very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.