ISO paperwork for protection during product research interviews
September 6, 2020 2:43 PM   Subscribe

I'm doing product/market research interviews for an app. Interviews are mostly paid ($40/50) and with strangers from craigslist; some are free and with friends. I realized after two interviews that I don't have paperwork to protect myself from any of the interviewees potentially saying that I illegally took their ideas or IP.

I imagine this type of paperwork is rather standard, but don't know what to call it. I don't think I need anything highly specific. I'd be fine with something overly broad.

The interview consists of me not telling them much upfront, so as to not color their responses. I ask about how they have performed a series of tasks, both currently, and in the past. There is some back and forth during the interview process, as I try and dig for useful information. I may reveal some details explicitly, or in the form of questions ala "Do either of these ideas appeal to you or sound useful?"
posted by Jack Karaoke to Work & Money (8 answers total) 1 user marked this as a favorite
 
Unless there is a nondisclosure agreement in place, it’s on them to not tell you their secrets, and on you to not tell them yours.

If you have disclosed something publicly, it affects patent ability (or at least it used to). Essentially, though, they’re called trade secrets because you’re not supposed to tell them to people.

If there is an NDA, make sure your company will let you sign it, and make sure their company will let them sign it. Lower-level employees may not be allowed to sign binding contracts on behalf of the company.
posted by Huffy Puffy at 3:56 PM on September 6, 2020


I may reveal some details explicitly

Then you will want them to sign an NDA to protect secrets you tell them.

paperwork to protect myself from any of the interviewees potentially saying that I illegally took their ideas or IP

First decide whether it's you, or whether it's your app/employer, who is going to be licensed to use the interviewees' ideas or IP. Then, if it's only you and not the app/employer, decide how the app/employer is to be protected from
liability, since only you have been licensed. And finally, have the app/employer's attorneys write you a contract for the interviewees to sign.

I wonder why the interviewees would want to have to review and sign legal papers for only $40-50.

Finally, what do you mean by I illegally took their ideas or IP? I don't see any theft or fraud or deception in this scenario.
posted by JimN2TAW at 4:09 PM on September 6, 2020


Response by poster: To clarify: I'm not working for a company. This is my project at the moment, with no other involvement. I do have an LLC, but it wasn't created for this project.
posted by Jack Karaoke at 4:50 PM on September 6, 2020


Response by poster: re: JimN2TAW "Finally, what do you mean by I illegally took their ideas or IP? I don't see any theft or fraud or deception in this scenario."

There isn't any theft or fraud. I'm asking about their habits. I suppose I'm just paranoid that should a novel idea arise in my discussion with them, that they could come back later and say that they have some ownership.
posted by Jack Karaoke at 4:57 PM on September 6, 2020


Nondisclosure agreement is the keyword you’re looking for, but also, noone is going to steal your idea.
posted by mekily at 5:41 PM on September 6, 2020 [1 favorite]


I think you want some sort of basic user research consent form, like this.
posted by pinochiette at 6:13 PM on September 6, 2020 [3 favorites]


Yes some kind of consent form would work here. Note that the one linked by pinochiette is for usability testing for an existing product (Kinect). But it sounds as if you are fishing for ideas for a product yet to be developed? So you'd need to change the language to reflect this. The people can decide if they want to be interviewed by you or not.

One thing to be aware of is that any consent form that is worth its ethical salt has to clearly state the purpose of the interview upfront, so the interviewee can decide whether or not to participate before the interview starts. So this might conflict with your current approach of "not telling them much upfront." But it might make for more better interviews too!
posted by carter at 4:33 AM on September 7, 2020 [1 favorite]


Also maybe something along the lines of "all info disclosed in this interview becomes the non-exclusive property of Jack Karaoke" or something like that? - IANAL so not sure of how this might be phrased.
posted by carter at 4:39 AM on September 7, 2020


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