A non-disclosure agreement prevents parties who are working on a particular thing from discussing any internal details, ideas, events, etc. with any external third party. Onsets of films, this is particularly common, as production houses rarely want to let anything slip – either to the media or to rival production units. In order to safeguard their script and story, all of the cast and crew are typically subject to a film non-disclosure agreement until the film comes out. If you’re interested in production, this is an essential step in protecting your script and your story. With our guide, you can learn everything you need to know about a NDA! To help you out, we’ve even added a sample agreement at the very bottom of the article!
Free Templates & Forms
What is the Point of a Non-disclosure Agreement?
A non-disclosure agreement, or an NDA for short, holds parties contractually subjected to work on something from revealing important, internal details and secrets to other third parties. In movies, this is very important, as writers, directors, and producers want to safeguard their script.
Additionally, they may also want to keep things from being spoiled in the interest of storytelling and typically use NDAs to bind the cast and crew to their word. If broken, an NDA allows for legal action to be taken against the breacher and so, helps producers do exactly that. Apart from establishing copyrights, filing their scripts with a central agency, and making backup copies, an NDA prevents any leaks from the inside, making it an excellent and necessary option in the field of film production!
Drafting a Non-Disclosure Agreement
These agreements usually come in two different ways – a) they are drafted separately as a short form that everyone needs to sign or b) they are embedded within the working contract that the cast and crew sign when being enlisted. Since we’re looking at non-disclosure agreements as a separate legal mechanism, rather than as a clause in an existing contract, we’ve written a sample NDA that may be used as-is, or may be modified to better suit your needs! Our sample NDA for the field of cinema can be found below:
SAMPLE FILM NON-DISCLOSURE AGREEMENT
As of the date _, this agreement, hereby titled the “Film Non-disclosure Agreement” will be enforceable upon signature. The parties contingent to the agreement are the “Producers” (The production company) ____ and “The recipient,” _ (This includes members who are forced to sign an NDA.)
The recipient hereby agrees to never disclose any information that has not been made public regarding, but not limited to, the development, production, filming, and creation of the project titled “__” (movie name.) All rights of ownership and confidentiality will remain in the sole possession of the producers until they choose to waive said rights.
In case of breach of the terms, conditions, and stipulations of this agreement, the recipient will be liable for breach of contract. Legal action will be taken in the case of a breach. If any stipulation becomes invalid by mutual agreement, the other stipulations will continue to be in place until the agreement is declared null and void.
RECIPIENT SIGNATURE __
PRODUCER SIGNATURE __
Frequently Asked Question
This is a tricky question to answer – the truth is that this largely depends on the nature of the operation in question. For movies, general convention dictates that an NDA be applicable for at least a few months after the release of the film. In other industries, this timeframe can vary. In some industries, NDAs are signed until death as well.
An NDA is a non-disclosure agreement. It prevents parties who are working on a particular thing from discussing any internal details, ideas, events, etc. with any external third party.
Technically speaking, yes. Although many NDAs are very short-term, some are signed for extremely long periods of time. Additionally, in some industries, NDAs are signed until death, meaning they are indefinite in the term. In the cinema field, however, NDAs typically range from a few months to a year, as it is considered a general courtesy to lift said NDA after the release of the project.