Tuesday, April 26, 2011


From the Hollywood Reporter. 

Nicole Crowther, a day player on the hit Fox musical, came under fire this week for sharing the names of the prom king and queen in an upcoming episode. In response, Glee co-creator Brad Falchuk quickly took to Twitter to slam Crowther, writing “hope you’re qualified to do something besides work in entertainment…Who are you to spoil something talented people have spent months to create?”
[T]he standard SAG day-player contracts Glee uses don’t contain “NDA” (non-disclosure agreement) language providing for punishment when plot secrets are revealed. So while the studio and network might never hire a leaking extra again, the legal ramifications of spilling secrets are probably less serious.

That surprised us, frankly, and it could soon change. An insider at Glee producer 20th Century Fox Television tells us the studio is considering amending all of its talent deals -- from series regulars to day players like Crowther -- to include strict punishments for blabbing online.
If so, 20th wouldn’t be the only Hollywood studio to crack down on leaks via social networks. As we reported 18 months ago, a growing number of studio deals contain new language aimed at plugging leaks of disparaging or confidential information about productions via Twitter, Facebook, YouTube and the rest. 
In October 2009, we revealed a contract from Disney that includes a clause forbidding confidentiality breaches via “interactive media such as Facebook, Twitter, or any other interactive social network or personal blog.” At the time, ABC had recently issued guidelines for tweeting while working on network shows, rules that included seven prohibited actions (including revealing spoilers).
We wouldn’t be surprised if liquidated damages provisions were added to Glee deals, meaning the studio could collect a pre-set amount of money from an offending leaker (and, more likely, prevent them from leaking in the first place out of fear).
Hollywood is getting wise to the power of online media. The prom king on Glee might not impact national security, but it makes sense for studios to enact consequences for spoiling its heavily-guarded plot secrets.

While there is no legal recourse for Fox to take against the leaker you can be sure said leaker is in a deep hole now. Think this is some kind of overreaction? Here is what happened to another person who violated an NDA.

The producers of the new Indiana Jones movie have settled a lawsuit against an actor accused of breaching a confidentiality agreement by revealing the film's plot in a newspaper interview.

A Superior Court order was filed Tuesday finding that Tyler Nelson knowingly violated the agreement that he signed when he was cast to appear in a scene of Indiana Jones and the Kingdom of the Crystal Skull, said Lucasfilm Ltd. publicist Lynne Hale.
The agreement barred everyone involved in the film from publicly discussing it.
Terms of the settlement were not disclosed. An after-hours call to Nelson's talent agency was not immediately returned.
The fourth installment of the adventure series was directed by Steven Spielberg and stars Harrison Ford, Cate Blanchett and Shia LaBeouf. It is due out in theaters next May.
Tyler revealed plot details during an interview last month with his hometown newspaper, Oklahoma's Edmond Sun, Daily Variety reported. That story has been removed from the newspaper's website.
"We ask every cast and crewmember to sign a confidentiality agreement because we want to protect the movie's thrills and surprises for audiences," said Lynn Bartsch, Lucasfilm's director of business affairs.
I will say it before and I will say it again: NDA's are not excuses. If you think they are then you are very ignorant of how this industry works.

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