From the course: Contracting for Creatives

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When should I ask for an NDA?

When should I ask for an NDA?

- Nondisclosure agreements are used when confidentiality is important. From a business perspective, it is never in your best interest to breach an NDA, that is to say break an NDA. In my experience, folks who do this rarely get another chance. The law concerning the protection of confidential information is closely related to intellectual property law. There are many uncertainties and gaps in the protection that intellectual property law affords to processes, techniques, ideas, information. The use of NDAs to create nondisclosure obligations is generally used to supplement intellectual property laws, and thereby to clarify some of the uncertainties and fill some of the gaps. There are many reasons a party would consider confidentiality important, the most common is that a party will have access to material, data, information, raw footage, that is proprietary, that if it is revealed, will destroy in whole or in part the value of that information. Take a movie for example. Not only…

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