Make what you dream of making. That’s an essential attitude for creatives in the creative industry. Ideas are currency—but their true value only shines when they can be used in mutually beneficial agreements.
At Blauw Films we are developing a variety of Worlds (IPs) parallel to each other. Different projects are at a different stage of development. And sometimes it’s important to share sensitive information with a potential partner.
A Non-Disclosure Agreement (NDA) is your first line of defense in protecting sensitive information. Whether you’re dealing with concept art, scripts, production details, or business negotiations, this document ensures a base level of confidentiality between the parties involved.
Before we start, have you already Downloaded the NDA Template?
This guide walks you through the key sections of an NDA and how to tailor it to your needs.
An NDA is an agreement between two or more entities. Define them clearly:
Remember, always use the legal names of individuals or registered business entities, not informal names or abbreviations.
Be specific about what the NDA covers:
For every project there will be different dependencies involved. Keep this section broad enough to cover all sensitive materials, but precise enough to avoid ambiguity.
This section explains what the receiving party can and cannot do with the confidential information. Usually the NDA outlines that they:
In certain projects that require an additional layer of protection, you can add specific security measures, such as encryption, password protection, or physical storage requirements.
In most cases a Non-Disclosure Agreement (NDA) does not last forever. The NDA is based on the expected period in which confidentiality will be required. Define:
Again, this is on a case by case basis. If your project involves technology or long-term strategic planning, a longer NDA term may be necessary.
Not everything can be kept confidential. And not everything should be kept confidential. It’s important to define for your project what are the most important aspects that require strategic confidentiality. Common exclusions include:
This section protects both parties from accidental conflicts over widely known information.
If someone breaks the NDA, what happens next? Common strategies include:
Injunctions – A court order stopping further disclosure
Damages – Financial compensation for any harm caused
Legal Fees – The breaching party covers litigation costs
Be clear about the consequences you would enforce. This is a mutually beneficial clause that establishes the importance of the project for both parties.
An NDA isn’t enforceable until it’s signed. Digital or physical signatures work, as long as:
If you are dealing with bigger projects that require multiple NDAs across multiple departments, I’d recommend using a contract management tool or a well organized Google Sheets.
An NDA should fit your specific situation. Consider these customizations:
Jurisdiction – Specify which country’s or state’s laws apply
Third-Party Access – Define whether contractors or freelancers can access confidential info
Non-Compete Clauses – Prevent the receiving party from using knowledge gained against you
If your project is high-stakes, consult a legal expert to refine the agreement.
Protecting intellectual property and/or key parts of your operational strategy is a foundational part of any creative business. Fill out your NDA with care and attention, customize it to your needs, and don’t hesitate to enforce it when necessary :)
Need a solid NDA template for the Creative Industry? Be sure to Download the Free NDA Template from our Resources page!
[1]: Dreams of Blauw are any form of crystallised thought based on honest expression. Sometimes they linger a shade of blue in your after-image.