OK, guys. This is going to be a little bit of a rant (please delete if it offends too many sensibilities).
Since the 2000s or thereabouts, I have witnessed an increasing rise in the usage of NDAs (Non-Disclosure Agreements), or, as I like to call them, "Shut The F Up Orders" (and not just movies on TV - even productions of video games are guilty of this). It seems that nearly every major production since 2010 or so almost includes these clauses where major players can't talk about their work... why? What's the point of doing or having such a wonderful job if you're not allowed to share your own success with those close to you? Where's the trust? Where's the common sense (granted, it isn't that common, otherwise the world would be a saner and less chaotic place)? If somebody ever asked me to sign one in exchange for my work getting greenlit, then I'd likely tear it up and leave or I'd refuse and tell them they'll have to trust me (besides, I can't lie to my parents). It's like giving a dog a shock collar.
Smeg, where's the Tylenol? Sigh
S. P.
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I get it but but nothing it is hard to be in your essence when your hands are tied behind you back. i do them to keep the peace.
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I've signed dozens of NDAs over the years from game development to PR work and everything in between. It's nothing personal and the games industry is the WORST about leaks! My clients don't usually bother to send me one anymore, they know they can trust me. But trust has to be EARNED and if you are hostile or dismissive about their concerns, it could prove more detrimental than freeing to your career. Just tell your parents that you can't wait until you can tell them what you're working on. My two cents, your choice.
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Sigh OK.
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Yeah, where's the trust. I get what you're saying... but I'm old school when your word and a handshake ment something.
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I frankly don't know you are complaining about. NDAs are necessary to CREATE trust between parties; They allow them to share propriety business information that might be part of creative and business discussions, without fear that either party will divulge it to third parties. If you don't like them... you are welcome to stay among the masses who never get to have a project produced by a legitimate producer or distributor. I have never had anyone object to an NDA unless they were shady.
There's lot of money at stakes, protect the idea, both parties and to avoid leaks but i totally get your point.
Stefano Pavone I get where you're coming from, and if somebody wanted me to sign an NDA to get "greenlit" I'd say "no," too. However, if the NDA was part of a paying contract (with some payment up front) - then yes, I'd sign it. They have a right to protect their investment (which includes trusting me as the writer to fulfill the contract).
My two cents'.
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I sign NDAs all the time outside of this industry, what's the big deal with it? Do you want to earn money or do you want to sit at home feeling offended that people and corporations want to protect what they have invested their money in? I support you to take a stance when needed but that's the wrong place to do it and how does it negatively impact you to sign it?
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I agree with @Shadow, only time I would never sign is if there was a “Shady” element OR there was no worthwhile concept to protect idea in the first place. There is nothing to lose by any project being closed shop to those involved. There is a lot to lose however if a blabbermouth gives info to an opposing camp. We are not public property, nobody is.
Starting any relationship on an adversarial stance with a one-sided legal document is problematic. I normally refuse NDAs. Signing is me saying “go ahead and sue me at some future point and I admit guilt in all circumstances no matter what and know that I have NO reciprocal ability to sue you in this matter”. Ahhh… not so fast there.
In most cases my first question is “why?” What exactly is being protected in most projects by this NDA? The idea, that invariably can be said to be a compilation of ideas already used countless times before? The brilliance of this version of an original story about the young female assassin or group of zombies who follow all the established rules from all the countless other “original” identical movies? Why is there a need to try to muzzle anyone? Embarrassment perhaps? Having people ask permission to send me scripts and then demand I sign an NDA is another silly. Of course I refuse. They want me to consider the script but I need to sign an NDA saying nothing I ever do in the future will use any idea or concept in their world shaking missive BEFORE I read it? WTF? Better be a comedy because the set-up is laughable.
The only valid NDAs that I readily see the reasoning for the request, are product launches. I completely get why car companies, fashion designers, and other manufacturers I have shot for want NDAs. I agreed to all of those, as they they make sense and virtually always deal with one of my biggest problems with something the usual BS NDA form omit. An expiration date. Once a car is launched publicly there is no longer a reason to have an NDA, it is PUBLIC. An NDA without an expiration date is an absolute no go.
Next problem is that most NDA wording is such that I cannot discuss the project in any way with anyone. Meaning that as soon as it is signed I cannot talk about anything we are doing with my crew, nor with the director. How utterly stupid and yet that is in the wording provided by these wonderful industry “professionals”. I spent a couple of weeks not talking to a particularly obnoxious producer as I pointed to my copy of the NDA. Yes we never worked together again, but that was my choice and I am the one still in the industry.
Should I provide my own NDA to be signed by everyone in the production, not as representatives of a company but personally, saying at no point can any of the conceptual ideas behind any images I create ever be used in any project any of the production staff personally might work on at any point in the future? Gosh that would be kind of adversarial on my part wouldn’t it be?
One last thing, if you’ve signed an open ended NDA, have you ever included that project on a resume? How about a reel? Ever spoken with the producer about their next project where a reference is made to a previous production? If so, you’ve probably broken most NDAs that I’ve seen and you’ve already welcomed the lawsuit with open arms.
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Andrew Sobkovich NDAs by definition are normally mutual and actually mean the opposite of what you are saying - they don't say "go ahead and sue me" they say you cannot sue me UNLESS I reveal certain information which you have disclosed to me. But "confidentiality" agreements are often one-sided in the sense that the EMPLOYER who is paying you doesn't want you to disclose information which may end up subverting the promotion and marketability of the project. So maybe people are getting these mixed up - and those are used in many industries not just entertainment. Seriously, if you don't want to recognize you are working in an industry where leaking details might harm your employer... really just get out. As for a proper NDA, are you saying you are totally fine with the people you talk to running around talking about the details of your project? Or taking your script and developing their own slightly different one?
I signed lots of NDAs at work doing postproduction. Lots of security protocols on some tv shows or Oscar consideration movies. In fact some studios hire their own security guard to look over staff making tape dubs and dailies.
One of my best friends makes movie trailers for studio clients. He never talks about the stuff he sees at work.
I've just run into another (slightly unrelated) issue: I can't write (my handwriting looks like a goose tried to write while clutching a pen in its wing). Is it OK to sign with an X or is it too outdated?
NDAs don't really mean you can't share the news with your family and friends that's an over reach of their intent. Likely if you read the fine print it's probably directed at marketing, announcements and the like. One wrong post can send any project into a deep spin in the wrong direction so its intent to protect its success. NDAs also protect trade secret stuff so you aren't announcing things you might learn through the process of a deal. So don't be a stuffed shirt and don't end a deal over a NDA and definitely if you are inclined towards that let an entertainment lawyer look at it and advise you before you say no.
Hey Stefano if your normal signature is and always has been an X you can get away with it. But if not, sorry it's not going to fly. But signatures are the one thing no one complains about the handwriting so you shouldn't be uptight about your signature at all in the first instance.
Shadow. Of course you cannot be sued if you said nothing to anyone as you would not have contravened the NDA. Signing most NDAs on productions does NOT have equal two sided effects, the actions and control are strictly one sided. The wording often is such that should you say anything about a given project down to revealing its name leaves you in violation and thus open to legal action. It is not an issue of subverting in the NDA but any disclosure at all about the project named in the NDA. I specifically stated that if the NDA had an actual reason to exist and a defined end date, that went a long way to getting me to sign it. Which I have. This is a discussion, sorry you have an issue with differing ideas, but spare me the knee-jerk childish BS about “getting out of the industry”. We create projects for public viewing, anyone bright enough will know what was done and be able to discern a method to achieve it as soon as the project is screened. Your idea of utter secrecy in protecting “trade secrets” (regardless of who actually brings the techniques to the production) for no reason, is at odds with the incessant questions about how many social media followers people have and every behind the scenes “making of” so common in productions now.
Dan. Signing an NDA for the Oscars? The reasons are obvious since among other things there can be videos from as yet unannounced winners who cannot be at the live show, but was there an end date on your NDA? The day after the live telecast? I would expect so but if not you just broke the NDA. Which would make absolutely no difference to anyone about anything if you had but you could be sued because of that “breach”. That is the problem.
Stefano, an “X” is fine if it is written in blood, except for Vampire movies.
NDAs are not based upon “intent” but what is written on the page you sign. I do not recall ever seeing the term “intent” on any NDA.. Simply, if an NDA has nothing valid to protect and no end date, think very carefully about signing it. A production company that is either so incompetent as to not include an expiration or one that is so controlling it demands absolute secrecy in perpetuity, may not be an entity you wish to be involved with on any level.
How is it that the industry lasted over 100 years without an NDA in sight and now every Tom Dick and Harry wants an NDA for their production, seemingly with special attention to the productions done by dicks.