The Non-Disclosure Agreement For Film is essential in the Philippine entertainment industry where protecting creative content and production details is crucial for commercial success. This document is typically used when production companies engage with cast, crew, vendors, or other parties who need access to sensitive information about a film project. It covers various aspects of confidentiality including script protection, casting information, production techniques, budget details, and marketing strategies. The agreement is structured to comply with Philippine law, particularly the Intellectual Property Code (Republic Act No. 8293) and the Data Privacy Act of 2012, while addressing specific needs of the film industry. It's particularly relevant for international co-productions and high-profile projects where information security is paramount.
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1. Parties: Identification of all parties to the agreement, including production company, individual contractors, talent, or other entities involved
2. Background: Context of the agreement, nature of the film project, and relationship between the parties
3. Definitions: Detailed definitions of terms including 'Confidential Information', 'Film Project', 'Production Materials', 'Trade Secrets', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the film context, including scripts, plots, casting decisions, production techniques, etc.
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared, including with team members, contractors, or regulatory authorities
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information after project completion or termination
9. Intellectual Property Rights: Acknowledgment of IP ownership and rights related to the confidential information
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Social Media and Public Communications: Rules regarding social media posts and public communications about the project - include for projects with significant public interest or celebrity involvement
2. Digital Security Measures: Specific requirements for digital security and handling of electronic materials - include for projects with significant digital assets
3. International Distribution: Additional provisions for projects intended for international distribution - include when foreign distribution is planned
4. Third Party Disclosure Protocols: Procedures for sharing information with third party vendors or service providers - include when multiple vendors are involved
5. Set Visit and Behind-the-Scenes Protocols: Rules for set visits and behind-the-scenes documentation - include for larger productions
6. Personal Data Protection: Specific provisions relating to personal data protection under Philippine law - include when handling significant personal data
1. Schedule A - Description of Project: Detailed description of the film project and related confidential materials
2. Schedule B - Authorized Personnel: List of individuals authorized to access different levels of confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule D - Approved Disclosure Format: Templates or formats for approved public communications or press releases
5. Appendix 1 - Confidentiality Acknowledgment Form: Form to be signed by additional team members who need access to confidential information
6. Appendix 2 - Digital Security Guidelines: Detailed guidelines for digital security and handling of electronic materials
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