The Content Creator’s Guide to Non-disclosure Agreements, Part 2

To say that information is power is not an exaggeration! From the most successful companies to the most famous content creators today, each one of them leveraged data to climb to the top and stand out from their competitors. 

As a content creator, you have hundreds of thousands of competitors waiting for you to fail and fighting to surpass you—one crucial piece of information could change your fate, either preventing or helping you reach success. You may not own a large enterprise hiding trade secrets, but the knowledge you hold is just as valuable because it will impact your life.

To protect your information and ensure that no one uses it against you, you must use a non-disclosure agreement (NDA).

Why Do Content Creators Need NDAs?

Since you don’t own a company, you may think that asking for another party to sign an NDA may seem like too much, but it isn’t! As a content creator, you are also running a business with you at the forefront. Any piece of information could make or break your career, so you must ensure that no data is exploited and used against you.

By signing an NDA, you’ll have a safe space to exchange information while preventing the data recipient from sharing it with others without your knowledge. Although there are no intellectual property rights for information, they protect the expression of ideas in certain forms. 

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Most brand service agreements contain confidentiality clauses within the legal terms, but NDAs may still be used at the pre-contract stage. For example, if a producer will shoot a video, they’ll need to hire a team to complete the work. Since the crew will have access to scripts, schedules, and other confidential information, you must ask them to sign an NDA to prevent data from leaking at the wrong time.

Are NDAs Enforceable?

Since non-disclosure agreements are just like any other contract, they are enforceable. Whether unilateral or non-disclosure agreement, you can face legal consequences if you fail to comply with the contract terms. However, although NDAs are completely enforceable, contract law can get complicated in practice.

If an NDA contains a gray area and the other party makes a violation within it, there is a possibility that the other party will face legal consequences. An NDA may not also be enforceable when it breaks ethical boundaries. If the enforcement of an NDA violates public policy, it most likely won’t hold up in court.

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When a recipient party of an NDA violates the contract, the disclosing party may use several methods of recourse. The disclosing party can sue the recipient party, requiring them to pay for monetary relief. Besides financial consequences, the disclosing party can also force the recipient party to cease relevant business activities.

The Wrap

You can never have too much protection when it comes to sharing confidential information! If you don’t want to end up facing the consequences of leaked information, make sure to use a non-disclosure agreement to protect you and your business. If you don’t know how to get started on drafting an NDA, we suggest using a contract creator for a smooth process.

Creators Legal is the first and only legal platform built just for Content Creators. Get simple, straightforward, and trustworthy creator contracts in a fast, easy-to-use platform. With a powerful guided Form Builder, a secure e-signature system, and your own personalized dashboard to store and organize all your contracts, you can get yourself protected in minutes without the need for expensive entertainment lawyers!  

Want to learn more? Check out CreatorsLegal.com, where you can get single-use contracts or monthly and annual subscriptions on all contracts for creators! Try us now.