Film Privacy and Non-Disclosure Agreements: Does My Crew Need to Sign an NDA?
As film production gets underway the paperwork can be overwhelming. There’s talent release forms and location agreements, crew contacts and copyright license agreements. It’s easy for some forms to slip through the cracks. But it’s not okay. And, what’s more, if you don’t take steps to protect your film privacy you could find yourself with some specific struggles down the line. If you’re wondering about film privacy and non-disclosure agreements. And whether or not you should have your film crew sign the NDA, you’re definitely on the correct path.
Considering the potential legal implications that could come from sharing valuable information about your production with others. Particularly when it has not yet been copyrighted. It makes sense to think about the possible protections of a non-disclosure agreement.
Especially, as you’re moving rapidly through the stages of production. It’s quite common for one-off shoots or other “smaller” processes to have steps that are overlooked. Such as focusing on film privacy and non-disclosure agreements at that time.
The Consequences
However, the damage that may come as a result of your failure to collect NDAs from crew members at this time could be quite troublesome. You might not realize that crew members that are around day-to-day during production could learn (and overhear) more than they should.
In fact, they can certainly gather up a lot more knowledge than what you might particularly want them to be aware of. If this knowledge is in the wrong hands, it’s quite possible that the leak could lead to significant damage.
In the form of spoilers, lack of confidentiality. Or an inability for you to maintain control of your brand image. And the proprietary trade secrets which makeup the distinct specialty of your business.
Film Privacy Protections and Non-Disclosure Agreements
When you’re on the verge of producing a film that could soon be distributed to the world, the last thing you want to do is give away the details of your project to someone on your crew that is going to misuse it and spoil all of your hard work and effort.
If you’re going to be in the throes of film production, the last thing you want to be concerned about is who you can share details with and who you need to keep your mouth shut around.
Realistically Speaking
Additionally, you may not realize how much information crew members are gathering up. All just by being present in the day-to-day service of the production. Therefore, does your crew need to sign an NDA? Realistically, yes!
If you want to know that your film is protected, and you want to know that you’ve taken all of the steps you can to protect your efforts.
And to minimize the severity of any risk that may arise out of the sharing of private information, proprietary documents, and other details along the way.
It’s best to go ahead and have your crew sign the non-disclosure agreements upfront and ahead of production. Just to be safe.
Spoiler Alert!
When a film crew hasn’t signed an NDA, the risk of them leaking spoilers is significant. In fact, crew members may not even realize that they are sharing details about the production with others when they shouldn’t be.
Those constantly on the set, working with (and around) the cast, could be picking up on tiny effects of the story that you really don’t want the public to know.
This is particularly true when we’re talking about the production of a fiction film. Nobody knows how the story ends, except for those working on the set.
Beyond Implied NDA
Granted, it is relatively common knowledge that you don’t want the details of the story leaked. But without an NDA there is the potential that the individual details of the story can (and will) get into the wrong hands.
To keep your film from potentially being spoiled ahead of distribution, you’re going to want to have everyone involved in your production crew sign a non-disclosure agreement.
Film privacy and non-disclosure agreements in this particular instance go hand-in-hand. In fact, having all crew members sign an NDA should be a number one priority ahead of any shoot. Large or small.
Confidentiality of Trade Secrets
If you’re not producing a fiction film, or for some other reason you feel like you don’t need your crew members to sign an NDA, maybe you should think more closely about the confidentiality of your trade secrets.
Protecting the secrets of your business and the way that you operate on the set should always be a top priority. Your competition is always on the lookout for ways that it can interfere and take tiny pieces of what you’re doing and build from that in their own way to appease customers.
You never know when one of your crew members is going to capture important details about your crew, your efforts, and the methods you use to achieve success on the set.
Consider This
Something as simple as a cell phone photo that is snapped of your marketing assets. Or an upcoming trailer announcement could, if delivered to the wrong hands, expose details that a competitor could otherwise use to their advantage.
By having your crew members sign a non-disclosure agreement before they are involved in any of the areas of your business that you hold behind closed doors you’re protecting your trade secrets from outsiders.
You wouldn’t want to invite a competitor onto your set to see how you operate, would you? If you don’t want the details leaked, then you need protection! And an NDA provides just that!
Stay in Control of Your Brand
Finally, working with your crew is all about you remaining in control of your brand image and the details that come with running a successful production business.
You want to maintain the control of your production, upcoming trailer launches or other exciting events, industry trade secrets and the ability to be the first line decision maker when it comes to how you will share your business knowledge with the world.
The best way for you to remain in control of all of this important information, and all of the secretes that come from running a production business for several years, is by taking steps to enforce a legally binding contract.
Which states that others may not leak, share or otherwise use information that they hear, see, or otherwise learn while working on or off the set. This protection is called an NDA!
In Summation
As you can see, film privacy and non-disclosure agreements go hand-in-hand when it comes to running a production company. If you want to protect your assets, information, knowledge, and business power.
Then you absolutely should consider having your crew sign an NDA agreement ahead of their working with you and your brand.
