21m 21s
In this episode, Keith Arrowsmith speaks with Peter Adediran from Pail Solicitors about one of the most misunderstood tools in the screen industries: the non-disclosure agreement. From protecting scripts and budgets to safeguarding personal health information on Call Sheets, Peter explains why tailored, proportionate NDAs are essential for creative businesses while warning against their misuse as weapons to stifle whistleblowing.
Peter breaks down the two categories NDAs should protect, firstly creative commercial material and secondly personal private matters. He explores why a runner shouldn't sign the same NDA as a casting director, and why proactive, clear drafting prevents costly disputes down the line.
From the importance of proper translation for non-English speakers to allowing for disclosures of wrongful conduct, this conversation provides guidance on how to put together an NDA which is used to protect creativity, commercial activity and privacy, rather than to attack or intimidate.
The WorkWise for Screen podcast is supported by the BFI, awarding National Lottery Funding.
THIS EPISODE COVERS:
Introduction and an explanation of the types of information protected by non-disclosure agreements, from intellectual property to privacy. (00:00 - 06:24)
The limitations of NDAs and when they can be misused; why it is important for them to always be clear. (06:24 - 10:29)
Why proactive approaches can stop legal problems later, what happens when mediation is needed and final conclusions. (10:29 - end)
"There are two categories that we're trying to protect. The first category would be creative... scripts, budgets, schedules, pre-production, casting, that would be what I'd consider to be commercial. And then the other aspect, which I think is separate, would be personal private matters that would impact reputation, a person's reputation." - Peter Adediran (05:30)
"It doesn't make sense to have a blanket NDA for everybody because not everybody has access to the same level of information. You wouldn't expect a runner to have the same information as the casting director who would see the script, the final cut... I would say would fall outside the scope of what an NDA is designed to do." - Peter Adediran (10:00)
"NDA should never be used as a sword to stifle whistleblowing or to stifle wrongful acts or to punish those who in good faith are trying to bring wrongdoing to light. It should always be a shield to protect creativity, commercial activity, and privacy." - Peter Adediran (13:00)
"You need a properly translated NDA from a qualified translator... you also need to consider what the local laws are... Would it be fair to have English law and English courts, for example, for a receiving party that is based in Romania?" - Peter Adediran (16:30)
"My view is that law should be proactive, not reactive. If you had prepared the contract fairly in the first place and observed the interest of both parties... That contract is a really good one in the first place, then you won't end up in court and you won't end up in mediation or arbitration." - Peter Adediran (20:00)
"Oftentimes when people disagree, it's not so much about the content of what they disagree with. It's about the misunderstanding... It goes back to explaining... getting everyone in a room or online and discussing things." - Peter Adediran (22:00)
WorkWise for Screen:
https://www.workwiseforscreen.org.uk/
Keith Arrowsmith:
https://www.linkedin.com/in/keitharrowsmith/
Tacita Small:
https://www.linkedin.com/in/tacitasmall/
BFI:
National Lottery:
https://www.national-lottery.co.uk/
Peter Adediran:
https://www.linkedin.com/in/peteradediran/
Pail Solicitors: