This Agreement does not apply to information: (a) held by the receiving Party or known to the receiving Party, without being required to keep it confidential before such information is disclosed by the receiving Party; (b) is or is publicly known by a source other than the receiving party and through no fault of the receiving party; (c) the receiving party is lawfully available or available to a source other than the disclosed party; or (d) disclosed by the receiving party, with the prior written permission of the receiving party. This is a tricky question to answer – the truth is that it largely depends on the nature of the operation in question. For films, the general convention states that an NDA is applicable at least a few months after the release of the film. In other sectors, this period may vary. In some sectors, NDAs are also signed to death. Confidentiality agreements are usually concluded in two different ways – a) they are designed separately as an abbreviated form that everyone must sign, or b) they are incorporated into the employment contract that the crew and crew sign when convening. As we view confidentiality agreements as a separate legal mechanism and not as a clause in an existing contract, we have written a model NDA that can be used as it is or can be modified to better suit your needs! Our standard confidentiality agreement for the cinema section is available below; The crew, occupation and core talent should sign a confidentiality agreement in order to avoid any leakage of private details about the production that could damage the film. This NDA is also available in the Film Business Plan package Enter your name or company name (you are the disclosure party). Enter the name of the receiving party.
It is the person or company that evaluates your film concept (for example. B an investor or producer). Finally, enter the date of entry into force of the agreement. This is often the date on which the last party signed the agreement. This clause makes it clear that you are not granting the party receiving ownership rights in the film concept or confidential information. The confidentiality agreement for films applies to any type of film or script to be discussed with a 3rd party whose creators want their content to remain secret until the date of their choice. Unfortunately, this is one of the most difficult things to protect under trademark law, because the law does not allow a person to protect or protect a shot or idea of a film. However, one can claim damages for an “idea of hijacking” that could only be proven if someone more or less copied an entire script, with the exception of a few scenes.
A confidentiality agreement prevents parties working on a particular topic from discussing internal details, ideas, events, etc. with external third parties. This is especially common in movies, because production houses rarely want to drag something, either to the media or to competing production units. To protect their script and story, all actors and crew are usually subject to a confidentiality agreement until the film is released. If you`re interested in production, it`s an essential step in protecting your script and story.