Hello,
Using a standard NDA for some friends to sign to give me quick coverage on a script. A couple of friends live in the UK and my current NDA just covers US laws. The clause is as follows:
11. This Agreement will be governed exclusively by, and construed in accordance with, the internal
laws of Connecticut.
I changed it to: "This Agreement will be governed exclusively by, and construed in accordance with, the internal governmental laws of the United States and United Kingdom."
Will this suffice or is there particular legalese I need to use?
Sorry if i'm posting this in the wrong category. Any help would be awesome.
Thank you!
-vi
1 person likes this
The problems with NDAs.
1) it implies that you believe they will do some thing.
2) you want people to talk about your work. Hype is a desirable thing.
Your NDA could say something as simple as “I Craig Griffiths will not unless given written permission will not discuss or disclose any part of the screenplay”.
You have copyright, so you don’t need to state anything about that. If they discuss your work and it causes damage, such as lose of sale, you can sue them. They cannot claim ignorance since they signed the document.
Having said that, I would not ask anyone to sign anything.
1 person likes this
I've seen the reverse. I have had to sign a document saying I acknowledge that they may have a project in their possession that is wholly or in part similar to the work I discuss.
That happens to us all the time. You tell someone the most original idea in the Universe and they say "oh, just like ..... ". On the way home you find something to kick.
Dan Guardino isn't standard to have NDAs signed? I've had issues when NOT signing contracts. Things have gotten nasty between friends that I thought I'd be friends with forever and wish I would've had contracts signed.
Thanks for the suggested clause.
Craig D Griffiths I don't have copyright. I thought an NDA would be the easiest way to protect myself. Do you recommend I get a copyright through the WGA?
1 person likes this
Hi Violet, No that will not solve it. The laws of these two countries are completely different with regards to IP, etc. and contract language is specific to those jurisdictions. However, it should suffice for your purpose as stated. If you are concerned about copyright theft consult with an attorney. Relying on "standard" or "templates" for legal protection is a recipe for a very disappointing end of many years of work and highly discouraged by working professionals wishing to avoid catastrophic surprises to investors, producers, and creatives alike.
Business is about a certain percentage of trust anyhow as you can recall, Violet Harris. This is a business, and it's good you're doing this amongst people you know and with good chemistry.
1 person likes this
Thanks everyone -- Dan Guardino can I message you privately about this?
2 people like this
When I worked at the studios the only NDAs I signed involved studio stuff. When I've covered scripts, provide story analysis and development notes, I don't sign NDAs provided by writers. I provide a 'submission release form' to the writer if they desire one.
1 person likes this
Lindbergh E Hollingsworth is there a "submission release form" template I can find or that you recommend?
4 people like this
Violet Harris you have copyright as soon as you create a unique artistic expression in a fixed form. You could register it as a form of proof. You can do that at your local authority.
If there is a copyright office in your country, a registration there will protect you via the international treaty.
2 people like this
DM me w/ your email and I'll forward one.
1 person likes this
Lindbergh E Hollingsworth thank you!
1 person likes this
@Craig D Griffiths thank you!
2 people like this
Not a lawyer, but pretty sure you have to pick a state in the US where the law will be arbitrated if there is a dispute; therefor cannot put US and UK. Would need a separate contract for UK court.