If you are in the entertainment business, there will come a time when you work on a project with others and you want, or someone else wants you, to keep elements of the project a secret. Because verbal agreements are non-binding in many cases, a non-disclosure agreement or a confidentiality agreement can make the terms of secrecy clear.
A non-disclosure agreement (NDA) is a contract that swears one party who is receiving confidential information from sharing with others what that information is. A dedicated entertainment attorney could help you craft an agreement that spells out exactly what and by whom information is not to be disclosed and the penalties for disclosing it. They could also ensure the terms are fair when you are asked to sign one. If you are reticent about sharing hush-hush information or are asked to keep it confidential, call a New York City entertainment industry non-disclosure agreements lawyer for guidance.
Many attorneys use non-disclosure and confidentiality agreements interchangeably or encompass the whole in one agreement, such as a Non-Disclosure and Confidentiality Agreement. An NDA is generally applicable when information is exchanged between two people, and confidentiality agreements apply when information is shared by several people. For example, producers sharing information about a new play with a prospective backer will want the backer to sign an NDA.
Due to recent legal reforms, such as New York’s Senate Bill 4516 and the federal Speak Out Act, talent have gained additional protection from workplace discrimination, retaliation, and harassment, giving more power to individuals in creative fields. These changes curb the use of non-disclosure agreements to silence employees and lengthens the time employees may file complaints with the state’s Division of Human Rights to three years.
The state now requires any employee complainant to consent to some confidentiality clauses. Employers cannot impose liquidated damages when an employee breaches the overreaching provisions of an NDA or require the employee to deny they have been discriminated against or harassed.
For entertainment professionals, this means NDAs must be carefully drafted to ensure they comply with these new laws, particularly when addressing sensitive matters such as intellectual property or confidential entertainment projects. Any attempt to use an NDA to prevent whistleblower activity or cover up illegal conduct can now lead to serious legal consequences. Consulting with a New York City entertainment industry nondisclosure agreements attorney ensures that your NDAs are enforceable, fair, and aligned with the latest legal standards, protecting both your interests and your rights.
Employers or employees in the entertainment business should ensure what they are presenting or signing will pass legal muster. Generally, NDA and confidentiality clauses should:
Because of the changing landscape surrounding NDAs, consult a New York City entertainment industry lawyer for help drafting enforceable non-disclosure agreements.
Non-disclosure and confidentiality agreements can be valuable tools to prevent someone from divulging sensitive information. In the entertainment industry, this could be details about a new movie, song, book, or television series. However, some employers may try to use one to stifle an artist or other industry professional from divulging harassment, for example, under the terms of a confidentiality agreement for a film production.
Your ideas deserve protection, and you can protect your creative work with a solid NDA. Don’t leave your confidential projects vulnerable. Whether you’re working on a film, music, or television series, ensuring your ideas stay protected is critical. Contact Donovan Rodriques today for a free 30-minute initial consultation to review your NDA or have one expertly drafted. Let a New York City entertainment industry nondisclosure agreements lawyer safeguard your creative rights and provide you with peace of mind.
