Understanding the Non-Disclosure Agreement for Screenwriters
Screenwriters spend much of their waking hours focused on their work. They rely on their ideas to provide their paycheck. And without their ideas they may not be able to make a living in the industry. In the world of intellectual property laws and protections under U.S. Copyright law, screenwriters must take added steps of precaution. To ensure protection of their ideas and the thoughts that make up their future works. This is where the non-disclosure agreement for screenwriters comes into play.
The truth is, theft occurs in all industries and under various circumstances. In fact, script theft is a very common occurrence. Especially when steps are not taken by the screenwriter to protect their work.
As a professional in an industry as competitive as filmmaking is, screenwriters must protect themselves, and their work. From those who prefer to take from others rather than to do the hard work themselves.
What is a Non-Disclosure Agreement?
The non-disclosure agreement represents a contract. Which is one entered into between two parties.
Specifying that information provided by one party to the other will not be disclosed to the public for a specified period of time thus protecting the information.
The non-disclosure agreement for screenwriters, also called an NDA, is the first line or protection that a screenwriter has in preventing their work from being stolen. But how?
The Non-Disclosure Agreement for Screenwriters
These contracts protect a screenwriter who decides to share ideas what they may have about an upcoming script they would like to write or that they are working on.
For example
If a screenwriter has a very basic idea for a script, they might wish to talk with a third party about the research. Or other needs involved in writing the first draft of the script.
However, any discussions that the screenwriter and this third party individual may have would have very limited protections. Specifically that there are no protections under U.S. copyright law for the âideasâ that the screenwriter may have for a film.
By asking the third party to sign an NDA preventing them from using, or otherwise sharing, the ideas that the screenwriter has and shared with the third party individual.
Third Parties
Protections are in place to prevent the third party from stealing the ideas of the screenwriter. Before they are able to physically work those ideas out into a written film treatment.
Or, at the very least, a script outline which represents intellectual property which can be protected by a U.S. Copyright.
Important NDA Considerations for Screenwriters
Before you go creating an NDA for every idea you come up with and want to share! Make sure that youâre aware of the fact that an NDA only offers limited protections for screenwriters.
Additionally, hey can also come off as âamateurâ or arrogant. As if your word is better than the word of the other party. Or as if your work is more important than theirs.
Thus, itâs important that you ONLY use an NDA as a protection of your ideas. Only in the event that you cannot otherwise formulate your ideas into a full-fledged script at the time.
Include Details
To ensure non-disclosure agreements for screenwriters are as protective as they can be in the circumstances in which theyâre used, be sure to be as detailed as possible in the non-disclosure agreement contract.
A detailed NDA will include not only information about who you are sharing your idea with. But also you should stipulate exactly what is and is not covered in the disclosure.
As well as who is and is not supposed to have access to or otherwise use the details that are shared. And other proprietary information that is offered between the two parties.
In Summary
As long as youâre very particular, and specific, non-disclosure agreements for screenwriters do provide limited protections of the ideas that you may have for an upcoming film.
And can provide the stepping stone you need to protect you until a script can be written and a copyright applied for. In fact, if youâre going to play it safe, youâre going to need an NDA.
