This Non-Disclosure Agreement For Film is essential for protecting sensitive information in Nigeria's dynamic film industry (Nollywood). The agreement should be used whenever confidential information needs to be shared during any phase of film production, from pre-production through to distribution. It covers various types of confidential information including scripts, casting details, production techniques, budget information, marketing strategies, and creative elements. Governed by Nigerian law, particularly the Nigerian Copyright Act and National Film and Video Censors Board Act, this agreement provides comprehensive protection while accommodating the specific needs of film production. It's particularly relevant given the competitive nature of Nigeria's film industry and the increasing international attention it receives.
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1. Parties: Identification of all parties to the agreement, including the disclosing party (typically the production company) and receiving party
2. Background: Context of the agreement, brief description of the film project, and purpose of sharing confidential information
3. Definitions: Detailed definitions of terms including 'Confidential Information', 'Film Project', 'Production Materials', 'Intellectual Property Rights', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the film context, including scripts, casting decisions, production techniques, budget details, etc.
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized team members, contractors, or regulators
7. Term and Survival: Duration of the confidentiality obligations and which provisions survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the project ends or upon request
9. Intellectual Property Rights: Assertion that the agreement doesn't transfer any IP rights and protection of creative elements
10. Breach and Remedies: Consequences of breach, including injunctive relief and damages
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Social Media and Publicity: Specific restrictions on social media posts and public communications about the film project, used for high-profile productions
2. International Distribution: Additional provisions for projects intended for international markets, including foreign confidentiality requirements
3. Digital Security Measures: Specific requirements for digital security, used when sharing digital assets or when remote work is involved
4. Set Access and Physical Security: Provisions for physical security and set access, important for projects with physical production locations
5. Talent-Specific Provisions: Special provisions for protecting performer-specific information, used when the NDA covers talent-related matters
6. Third-Party Disclosure: Provisions for sharing information with potential investors, distributors, or other stakeholders
7. Post-Production Confidentiality: Specific provisions for post-production phase, used when the NDA extends to post-production activities
1. Schedule A - Specific Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule B - Authorized Personnel: List of individuals authorized to receive confidential information
3. Schedule C - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule D - Project-Specific Requirements: Any specific requirements or restrictions unique to the particular film project
5. Schedule E - Approved Disclosure Format: Templates or formats for how confidential information should be marked or shared
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