Screenwriting : Don't Spill The Beans... by Hanna Strauss

Hanna Strauss

Don't Spill The Beans...

This suggestion applies to anyone who signs on with the development and production of a project. If you have experience, then you are aware of that stack of papers that are a part of onboarding paperwork. It's the same whether you' re working as a writer, production designer, performer or camera operator. If you are a neophyte, please heed this: part of that paperwork is a legal contract known as a "Non-Disclosure Agreement". It means the producers don't want you to post their project and any info associated with it publicly. I know it's hard not to get excited and wanting to share your elation with others. But if you sign it, you are legally bound to its restrictions. You could be subjected to a legal mess if the producers find out you' ve been shouting it out to the world.

B A Mason

It's also embarrassing when new writers brag about the town, only for their work not to be used, optioned, or greenlit at all. Don't count your chickens. ¯\_(ツ)_/¯

Dan MaxXx

common for tech crew. Either you sign NDA or you dont work. And Employers are serious about secrecy. We've had private security guards hired by networks to watch us work, look over our shoulders.

Craig D Griffiths

This is common in most industries. My son works in medical tech. He can’t tell me what he is doing. I still work in the Intelligence industry. I cannot discuss any details, with that lovely threat of prison. Broad strokes like “no surprise everyone is analysing Covid data”. But I can’t discuss any findings.

This is pretty standard stuff when any large amount of money is up for grabs.

Hanna Strauss

Reminds me if that typical spy movie line:"if I told you what I did I'd have to kill you.. :^)

Craig D Griffiths

Hanna Strauss more stared of the potential cell mates. The people that take the biggest issue is the medical industry.

If I suggested that we find employees by seeing if there were any worker’s compensation claims. I would be told “that person being injured implies health implications, since you can’t have health you can’t ask that question”.

The rules around privacy are hurdles, they are multi-storey walls.

CJ Walley

It's in your interest to do everything you can to avoid ever having to sign an NDA. I'm not saying you never should. If you are very low ranking, you'll probably have to if you want to work. It's just that you need to be aware what's being asked of you and how unreasonable it may be. Ideally, you want to earn a position of trust through loyalty and professionalism. I know of long time producers who've maybe signed one NDA in their entire career.

Hanna Strauss

That''s a very difficult thing to avoid in La La Land, CJ given how litigious the industry can be here. Not familiar with parameters in film production parameters in U,K. Might be more flex to avoid it where you are.

CJ Walley

All my business is in the US.

Hanna Strauss

It has nothing to do with 'rank' A list actors are often required to sign such agreements. It has to do with the individual requirements of each production. I may not have worked as a screenwriter, but I worked in the capacity as a production artist for over 20 years in film. I would not discourage anyone from signing such a contract. If you want to gain trust you have to be able to keep quiet. There is nothing to gain to leak out information that could eventually reach the press before the producers want it revealed . And I wouldn't want that traced back to me. If you are at a bar and you get drunk and start bragging and yammering away to your chronies on your latest gig, well the responsibility then rests on you . How about a nice big glass of stfu?

CJ Walley

The point I'm making is that you should only sign an NDA if you absolutely have to and your bargaining power here will always be relative to the power dynamic that exists between you and whoever is proposing a written contract exists.

It's worth noting that, if you are a company director, you have a fiduciary responsibility to the company to refuse 99% of NDAs.

Hanna Strauss

And why is that but for the sole purpose: to be able to boast and brag publicly about it without any legal fallout? Sounds more like a point of ego gratification if not anything else. "I want all my followers on social media to know what I'm working on without any legal responsibilities of keeping someone else's IP secret like they asked me to". If it's your own IP, then the ball is in your court. If it's someone else's and they want you to not discuss it publicly, then you have some responsibility to honor that request

Hanna Strauss

And what are you referring to when you state"company director?" Did you mean "I wrote this script and own all the rights to it and therefore, have the right to discuss it openly". Don't confuse people here with your terminology. I assume you are referring to being the creator of the original IP which you' ve copyrighted . Labels.

CJ Walley

No, it's because contractually binding yourself to any NDA comes with significant obligations that may be unfair, unrealistic, and highly punitive. It's got nothing to do with ego and everything to do with protecting oneself. This isn't about wanting to be able to brag, it's about not being on the hook for a life ruining sum of money.

The company director thing is to do with a legal obligation to act in the company's interests at all times - which includes avoiding signing NDAs unless absolutely necessary.

Hanna Strauss

Whose company's interest? Yours? Please clarify. Again you are avoiding the fact if it is NOT your IP, and you don't wish to agree with nondisclosure, then they don't have to hire you either (and believe me the producers will make a note of that for future endeavors) You appear to be skirting the technical issue of IP. If it's NOT legally your IP, let's say you're hired to write an episode by Disney for "The Mandalorian", I can guarantee Disney's legal will have you sign an NDA to work on their property. Don't confuse people here. If a producer wants to make YOUR IP into a film then you can make contractual stipulations because it's your IP. It has NOTHING to do with being fair. That is how business is done. 90% of people in this industry don't have that luxury of choice to avoid NDA' s unless they are perhaps someone of Stephen King's caliber. I don't believe in misleading people who wish to develop trust from others while networking and developing their journey in this industry. You are suggesting a situation which is the exception and not the norm.

CJ Walley

I'm not avoiding anything and not trying to confuse anybody. I'm simply showing the other side of the coin. NDAs are a precarious thing for anybody to bind themselves too. Everybody should question if they really have to sign one. That's my point. It has nothing to do with wanting to share IP and everything with being tied to contracts that may not be necessary because the implication could be huge.

Are their times signing an NDA is the right thing to do? Absolutely. I stated that in my original comment. People just need to have a balanced view on this.

I think I'm done with this conversation now because some of the accusations being thrown around are completely unwarranted.

Hanna Strauss

For anyone who's curious: This is a definition of a Non Disclosure Agreement in Film : This is from the production company's POV: (quoted from filmdaily.tv): "The Film Non Disclosure Agreement (NDA) protects the film priority of any producer, director or investor to safeguard your intellectual property. This includes protection of your cast in case a crew member takes a photo on set, even film company competitors could take advantage of the information. Crew, cast and background talent should sign an NDA so that no private details about the production is leaked that could possibly damage the film." Film production is a complex multi-faceted entity. This is just about protecting their investments. So just shut up and don't take pictures unless you're the assigned production photographer. :^)

Doug Nelson

CJ - you're talking about the realities of the real business with a herd of fantasy driven dreamers; they ain't gonna get it.

Dan Guardino

Doug. I am working with Hanna and she knows the realities of the real business.

Dan Guardino

I worked for a production company and was hired as a Staff Writer and had to sign their NDAs or they would have got someone else. I also wrote a few on assignment and had to sign their NDAs or they would have given the assignments to someone else. Sometimes the terms will be in the contract instead of a separate NDA. Either way if I don’t sign them they will find someone else that well. One of the first things I learned about this business is the golden rule really applies in this industry. I like writing screenplays and I am fairly good at it but my goal was never to become a starving artist.

My other experience has come from working with my Patent Attorney. My company owns patented technology and he strongly suggests that we don’t disclose any proprietary information unless the other party signs our “CONFIDENTIALITY AND MUTUAL NON-DISCLOSURE AGREEMENT.”

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