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How is silence bought by NDAs?

On Behalf of | May 24, 2025 | Entertainment Law |

In the world of entertainment, keeping things private is often just as important as what happens in front of the camera. This is where nondisclosure agreements (NDAs) come in. These legal documents are common in TV, film, music and even live events to protect behind-the-scenes information.

If you are a performer, writer, crew member or even a contestant, you might be asked to sign an NDA before you even begin working. It might seem harmless at first—a simple way to stop leaks or spoilers. However, NDAs can carry serious legal weight, and knowing what you’re agreeing to is important.

More than just “do not talk about it”

Many people think NDAs are only about keeping secrets. Truthfully, they can go much further. You may be agreeing not to speak out about your experiences, even if something goes wrong. Some NDAs try to block people from talking about unfair treatment, harsh working conditions or personal harm.

When it comes to reviewing an NDA, try and look for:

  • Length of time: Some agreements last for years, even decades. You could be legally bound long after the project ends.
  • Scope of silence: You may be banned from speaking to the media, posting on social media or even discussing things privately with friends or therapists.
  • Penalties: If you break the agreement, you could face financial damages. Some NDAs include “liquidated damages” clauses, which pre-set the amount you will owe, often thousands of dollars per violation.
  • Waivers: Some NDAs include language that waives your right to sue, even in cases of harassment, discrimination or unsafe conditions. Others may prevent you from joining class-action lawsuits.

In many cases, these agreements protect companies and producers more than individuals. While confidentiality has its place, NDAs should not be used to hide abuse or silence workers.

If you are in the entertainment field, do not sign an NDA without understanding the risks. A legal professional can help review the terms and help you protect your rights.