Is a Non-Disclosure Agreement Between Screenwriter and Producer Necessary?
Screenwriters have several options to protect their intellectual property, specifically through U.S. Copyright protections, but the copyright is only available when there is a fixed, tangible work to protect as in an actual screenplay, script outline, or similar written work. So what do you do if you’ve got an idea, and you’d like to share it with a producer but worry about someone stealing your idea? This is where the non-disclosure agreement between screenwriter and producer comes into play.
Without a non-disclosure agreement (NDA) your idea is free for the taking!
What is a Non-Disclosure Agreement (NDA)?
A non-disclosure agreement or NDA represents a contractual promise. Made between two parties who agree not to disclose certain details or information to any outside members of the public.
Under a non-disclosure agreement, there is specified information provided by one party to another under a particular condition. In which for a period of time that information remains protected and is not to be disclosed or otherwise shared.
Is an NDA Necessary?
Although a non-disclosure agreement between screenwriter and producer may seem like a standard procedure. There are instances in which a producer might find the screenwriter to be insulting if they request the signing of an NDA.
A producer, especially one that will add value to your project, may feel as if any screenwriter that required their agreement to an NDA as a means of questioning their integrity. And in an industry where relationships are everything, this could come off as harsh!
Without the NDA
But, without an NDA, the screenwriter is certainly taking a risk in sharing their work with a producer or anyone in the industry. Especially if the work has yet to be protected by copyright.
If you’re wondering if an NDA is necessary, the answer is, “maybe.” The thing with NDAs is that they’re almost guaranteed to come up during the production process.
But they’re also a little bit like a prenup. In that approaching the communication between screenwriter and producer.
Making the NDA not seem like an insult can be extremely tough. Sort of like a soon-to-be spouse might find a prenuptial agreement insulting. The key here is WHEN is the NDA necessary?
When is a Non-Disclosure Agreement Between Screenwriter and Producer Necessary?
Generally, the NDA is recommended if a screenwriter has an idea for a screenplay. But they have not yet formulated the script or a written document. From which a copyright may be obtained for added protection.
Thus, if you’re a screenwriter and you’ve got an idea for a feature film that you want to share with a producer? It’s probably a good idea to go ahead and ask the producer to sign an NDA to protect your idea. And prevent the producer from sharing the idea with others.
While the NDA may come across as an insult, it’s less likely if you explain that you’re only asking. Because the NDA protects your idea.
Since it’s not a full script that could otherwise be copyright and would therefore be under protection.
The Takeaway
Keep in mind that the producer reads your script as a favor! And that relationships are very important in this industry.
Once your script is written and you’ve got a copyright, you won’t have to worry so much about non-disclosure agreements.
But up until that point, say you wish to share your idea with a producer or production studio.
It’s best that you obtain a signed non-disclosure agreement in advance of your sharing your ideas with them. For your own safety, and to protect your ideas from possible hijacking.
