N D Eyyyyyyy - Non Disclosure Agreements don't have to be so serious.
A take for creatives, on a mysterious and important document: The NDA
Freshly Explained: Plain-language explainers on commercial, legal, and financial concepts for creative-industry professionals
“Can you sign an NDA?”
It sounds official. It sounds serious. It sounds like you might be getting into something big. And sometimes, you are - that can be a good thing. Lawyers, especially experts in intellectual property, play an increasingly vital role in creative and innovative industries. At some point, you'll almost certainly need to work with one. Their work is the foundation of how creative work can be protected, shared and commercialised.
Before this turns into a love letter to lawyers, we are going to balance it out with some real talk about NDAs and some healthy reminders of how these documents can sometimes be distracting drama instead of problem-solving.
Let’s be real - unless you’re inventing the next revolutionary smartphone, brewing a secret formula for immortality, or hacking together an AI that can cook dinner and do your taxes perfectly, you probably don’t need to panic too much about an NDA.
It's a good idea to be informed about the basics and have a general awareness of when it should be taken seriously, or when you might even need some legal advice
Important caveat before anyone gets intellectually or personally offended: This article is NOT dismissing the use of an NDA in important areas like science, innovation, corporate deals, victim protection, victim empowerment, intellectual property, regulated industries and other crucial things where NDAs are necessary and key legal documents. We love lawyers (there are lots of great lawyers who work with Freshly Ground Stories) and their work is mysterious and important. This article is talking about NDAs in the world of jazz bands, illustrators, designers, writers, producers, artists and magicians, where things tend to get a bit more fluid.
💡 Reminder: most of the time, creating or reviewing an NDA should usually cost nothing, which is why we are giving it away for free if you manage to reach the end of this article.
How to approach NDAs in creative industries*:
Creative ideas are not the prize. The value is in your creativity. There’s no such thing as an original idea. You cannot copyright an idea. Execution is everything. Ideas float around like bubbles at a kid's birthday. What makes them valuable is the time, skill, and sheer effort - your effort - it takes to bring them to life. Most people are too busy working on their own projects to steal yours. If they do, they still have to make it work.
💡 Reminder: you cannot copyright an idea. You might be able to copyright the execution (and format) of an idea. That, AI can expand on a bit for you. For a deep dive, you will need to speak to a lawyer.NDAs can be great relationship ice breakers When someone puts an NDA in front of you, it’s often less about keeping secrets and more about making sure they feel in control of the conversation. If it makes them feel better, fine. You can use the moment as an opportunity to build trust in a relationship with something like "I'd like to build a relationship with you. What are you concerned might happen? Let’s talk about it".
💡 Reminder: You can always use NDAs, or offer them to others, if it helps you feel confident or professional, depending on the context. Keep them simple. Tips below.Good relationships are better than good contracts. Yes, legal agreements matter. In creative industries, trust and reputation sometimes matter even more. If you’re constantly working with people who make you nervous about sharing ideas, the NDA isn’t the problem - the relationship is. It might be a signal to change direction with where you are sharing your creativity.
💡 Reminder: No matter how commercial it gets, creativity is built on human relationships.You’re not pitching to a villain in a film. Nobody’s stroking a cat behind a desk, waiting for you to spill your groundbreaking plot twist so they can steal it.
If they are, congratulations - you’re in a wildly cinematic meeting and you might be living through your next script.
💡 Reminder: We are still talking about NDAs, not registering the copyright of your script, especially if you start to shop it around - a story for another time.Big brands have legal and PR teams.
If you are thinking about asking a big brand or studio to sign an NDA because you are worried that they might "steal" your idea, try not to worry too much. A huge creative brand's legal and PR teams would never want to risk a headline that could tank their share price overnight. If big companies want you to sign an NDA before having more conversations with them, do it. It's probably so that they can share sensitive business information with you - not the other way around.
💡 Reminder: Everyone cares about reputation, especially big brands.
Thanks for reading. Share this with someone who might find this helpful.
So, should you refuse to sign NDAs?
Not necessarily. If it’s a standard industry practice or a reasonable request, go ahead. Just don’t let the presence (or absence) of one make or break your confidence and definitely don't slow down a deal by spending time (and money) getting it reviewed.
Your best protection? Work on things that only you can do the way you do them. Because in the end, that’s what makes your work valuable - not a piece of paper.
💬 Have you ever had a weird NDA experience? Or do you have a different take on them? We want to hear about it. Drop a comment and let’s talk about it.
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