وبلاگ خانه تبدیل شباهنگ مرکز تخصصی تبدیل صدا و تصویر
The Disclosing Party warrants that the Film Concept is original to the Disclosing Party and that the Disclosing Party has the right to make the disclosures under this Agreement. Some states have begun to amend the NDA`s rules of applicability for cases of sexual harassment and other specific forms of harassment. For example, California has enacted laws to prevent victims of sexual harassment, workplace harassment, and gender discrimination from being silenced as part of a regulation. California Code of Civil Procedure § ۱۰۰۱ invalidates and invalidates “a provision of a settlement agreement that prevents the disclosure of factual information related to a claim filed in a civil action or a claim filed with an administrative authority,” including those relating to sexual harassment, workplace harassment, or gender discrimination. The Agreement is intended to prevent the unauthorized disclosure of Confidential Information (as defined below) with respect to the Disclosing Party`s film concept (the “Film Concept”). The parties acknowledge that the receiving party has requested the film concept with the potential for financial exploitation. Without disclosing the party`s prior written consent, the receiving party will not disclose: (a) Confidential Information to any third party; (b) make or make copies or other reproductions of Confidential Information; or (c) commercially exploit Confidential Information. The receiving party will carefully limit access to the confidential information to those of its officers, directors and employees who are subject to confidentiality restrictions at least as protective as those set out in this Agreement and who clearly require such access to participate in the analysis and negotiation of a business relationship, contract or agreement with the disclosing party on behalf of the receiving party. Party to participate. Enter your name or the name of your company (you are the disclosing party).
Enter the name of the recipient party. This is the person or company that evaluates your film concept (for example. B an investor or producer). Finally, enter the date on which the agreement takes effect. This is often the date on which the last party signs the agreement. This Agreement does not apply to information that: (a) was in the possession or known to the receiving party without any obligation of confidentiality before such information was disclosed to the receiving party by the disclosing party; (b) is or becomes publicly known by a source other than the receiving party and through no fault of the receiving party; (c) is or becomes legally accessible to the receiving party from a source other than the disclosing party; or (d) disclosed by the receiving party with the prior written consent of the disclosing party. However, for § ۱۰۰۱ to apply, the parties must have concluded the agreement as of 1 January 2019. In addition, due to the plain language of the law and the lack of substantive guidance on how the courts will apply it, the law will likely only apply to a settlement agreement in which a party has already brought a civil or administrative action. Based on the above-mentioned California law, parties to the NDA would be wise to negotiate contractual splits that establish events or circumstances that permit limited disclosure of harassment. The Non-Disclosure Agreement (NDA) for films is intended for sharing an original film concept, plot or scenario. The images you want to protect must be confidential information, that is, they must have only been disclosed to people bound by secrecy. If you have disclosed your film concept without secrecy, for example to actors or a producer, you will have a harder time enforcing this NDA.
There are three other requirements to protect a film concept: your idea must be new and original; Your idea must have been requested, and the purpose of disclosing your idea is to generate revenue. If you want to use this NDA for another audiovisual format, replace the term “film” with the type of media (TV show, documentary, music video, etc.). As a general rule, an NDA does not include an exception in the event that third parties distort the facts, but the NDA parties may negotiate such exceptions. For example, parties could include a provision that allows “limited disclosure only to the extent necessary to correct false statements of public facts about information covered by the NDA.” From the perspective of the party seeking to enforce the NDA, it is important that all permitted disclosures be as limited as possible, and additional language should be considered on a case-by-case basis to ensure that the exception does not swallow the rule. These various provisions (sometimes referred to as “boilerplates”) are usually summarized at the end of an agreement. The receiving party promises to return the material provided by you. The agreement gives the receiving party 30 days to return the material, but you can change this period if you wish. A more sensitive topic is that of those who are not willing to break their NDAs to express themselves, but who do not agree with the way their stories are presented on screen.
These people want to clarify things, but are not likely to harm their NDAs. This begs the question: if a third party publicly distorts the facts covered by an NDA, does a party bound by the NDA have the right to correct the record? At the request of the disclosing party, the receiving party must return within thirty days all original documents provided by the disclosing party and all copies, notes or other documents in the recipient`s possession relating to the concept of the film or confidential information. This clause identifies the film concept that is the subject of the transaction between the parties. Since film ideas are difficult to protect, this clause contains two statements that have been successfully used in litigation: that the ideas have been requested and that the agreement is compensation.. .
