A Non-Disclosure Agreement (NDA) is so important in the context of screenplays for safeguarding intellectual property.
By establishing a legal document, an NDA ensures that others cannot disclose or utilize a screenplay without the writer's permission, preserving the confidentiality and creative control over the story.
It prevents unauthorized sharing or copying, maintaining the marketability of the screenplay until it is ready for public release. Preventative and, not legally bullet proof, but supportive.
Beyond protection, the NDA sets a professional tone in industry transaction, sending a message about the writer's commitment to their work.
It provides legal recourse in the event of a breach, underscoring the importance of respecting creative rights in the collaborative and competitive landscape of the film industry. You don't what you ask for...
You get what you negotiate.
NDA is good for the following reasons...
Protecting Intellectual Property:
Preventing Unauthorized Sharing or Copying
Maintaining Control Over the Story
Preserving Marketability
Maintain the confidentiality
Establishing a Professional Relationship with Standards
Legal Recourse in Case of Breach of Agreement
If someone violates the terms of the NDA by disclosing or using your screenplay without permission, you have legal recourse.
The NDA serves as a written agreement that outlines the expectations and consequences in case of a breach.
Remember, I am no lawyer, yet I did study contracts with Harvard Online for business agreement purposes.
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Thanks for sharing this knowledge!
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Sydney S
You’re very welcome. Share this to someone else you might need it.
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Great info, Mario Leone - thanks for sharing this!
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Dan Guardino Spec scripts, can be somewhat nuanced. Sometimes selective use. But the community could benefit. Feel free to Dan to give a nuanced scenario, so we can all grasp it. :-)
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Great info Mario Leone! Thanks for sharing!
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I've only signed two NDAs - both when working at studos, one at Fox, one at WB. I've never signed one with a writer. For screenplay submissions whomever receives it provides a "Submission Release Form."
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Thanks for sharing this information. Do you have a template of a NDA for screenplays?
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It’s best to get one from a lawyer Lorenzo Fleming there are a lot of templates online from law firms.
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Pretty much most NDA agreements are a boiler plate.
Over the years, I’ve actually survived without an agent and Made Sales without an agent. That being said, a person can survive without an agent, but you cannot survive without a good lawyer.. @Leonardo Ramirez
My lawyer happens to be one of my best friends and martial art student.
Not to mention, I like to pick his brain…
So whatever agreement you find, you can always have a lawyer double check it to make sure it legally sound. But most of them are pretty boiler plate and straightforward. Lorenzo Fleming
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Very helpful, thanks for sharing Mario Leone !
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I am firmly in Dan G’s camp. I can see no advantage for a writer. I can understand a producer or director getting a writer to sign an NDA. They have market position to lose.
Think of the one word writers salivate about “BUZZ”. How you do get some buzz around your work and you as a brand, if NO ONE can talk about it?
How does someone signing an NDA stop them from leveraging your work? It doesn’t. They can still talk about the concepts and idea and just not attribute it to you. They could say “what do you think of a gladiator movie, but it has kids, it’s a dystopian idea?”. Nothing stopping them. I would prefer “I read something the other day. Dystopian gladiator film where teens fight”. Then the other person could say “Steve is looking for something like that”. TADA the producer comes to u to get an option, so he can make money from his friend Steve.
While some people may throw them out. I think it’s very crucial for this for us to have this conversation. So it can educate other people.
They’re not the end, all be all, and they’re not gonna be used in specs scripts. They have their place.
Of course, copyright is reign supreme, as well as WGA.
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Mario Leone I can understand it from a cinematography POV. You meet with the production side of the world. They have everything to lose of their plans get out on the market.
Writers have nothing to lose. We have a copyrighted piece of material. No one can use it without our permission. An idea is covered by copyright, and as much as I love my fellow 32ers, we are not having world break ideas that have never been had previously in humanity. So “word of mouth” is our weapon not our enemy.
The only time that may be true is if we had a reputation, like a Tony Gilroy, and we could sell a screenplay because it was crap. Then people may say “have you read that crap Gilroy wrote”. But none of us are that famous.
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For a studio level project, yes. Someone I've never met is interested in looking at one of my screenplays, yes. Someone is offering to help me produce my passion project or I'm asked to help produce a smaller budget project, no. If you don't trust me, we're off to a bad start.