Plain English Explanation
The Production Details Protection clause covers the operational side of entertainment: filming schedules, shooting locations, budgets, crew lists, and logistical information. While creative content gets most attention in NDAs, production information can be equally valuable and sensitive.
A leaked filming schedule enables paparazzi to stake out locations. Published budget figures affect investor perceptions and competitor strategies. Crew lists reveal production capacity and can lead to poaching of key personnel. This clause ensures that operational details receive the same protection as creative materials.
This clause typically addresses:
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What scheduling information is covered? Shooting schedules, call sheets, production calendars, and milestone dates.
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How are locations protected? Filming locations, sets, stages, and geographic production information.
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What financial data is confidential? Production budgets, cost reports, vendor arrangements, and financing structures.
Why This Clause Matters
For Studios and Producers: Production budgets are closely guarded because they affect everything from marketing positioning to awards campaigns. Leaked schedules disrupt careful planning around talent availability and can create security risks for high-profile productions.
For Vendors and Crew: Understanding what production information you can discuss is essential for building your portfolio and pursuing future work. Clear boundaries let you reference your experience without compromising current clients.
For Investors and Financiers: Accurate budget and spending information is essential for investment decisions, but premature disclosure can affect market perceptions. This clause ensures financial stakeholders can access necessary information while maintaining appropriate confidentiality.
Clause Versions
"Production Details" means non-public information concerning the production, development, and operations of any entertainment project, including but not limited to: (a) Scheduling Information: Production schedules, shooting schedules, call sheets, day-out-of-days, production calendars, wrap dates, delivery dates, and milestone timelines; (b) Location Information: Filming locations, stage assignments, practical locations, location scouting reports, permits, and geographic production plans not yet publicly announced; (c) Budget and Financial Information: Production budgets, department budgets, cost reports, actual expenditures, vendor pricing, financing arrangements, and cash flow projections; (d) Crew and Personnel: Crew lists, department heads, hiring decisions, organizational charts, and staffing plans, except as publicly announced in trade publications or official press releases; (e) Technical Information: Equipment specifications, camera and lens packages, post-production workflows, VFX pipelines, and technical requirements; and (f) Vendor Relationships: Vendor identities, service agreements, equipment rentals, and supply chain arrangements. Production Details shall be protected regardless of whether such information is marked as confidential, provided the Receiving Party knew or reasonably should have known the information was not intended for public disclosure. The Receiving Party may disclose Production Details to its employees, subcontractors, and vendors who have a need to know for the purpose of performing their duties, provided such persons are informed of the confidential nature of the information.
"Production Details" means any and all information concerning the production, development, operations, logistics, and business affairs of any project, in any form, disclosed by or on behalf of the Disclosing Party or to which the Receiving Party gains access, including without limitation: (a) All Scheduling Information: Including master schedules, shooting schedules, daily call sheets, preliminary schedules, one-liners, day-out-of-days, production boards, wrap schedules, delivery schedules, marketing timelines, release schedules, and any changes or revisions thereto; (b) All Location Information: Including all filming locations (whether confirmed, scouted, or under consideration), studio assignments, stage bookings, practical location addresses, base camp locations, unit movements, location agreements, permit applications, and any geographic information that could reveal where production activities are occurring; (c) All Budget and Financial Information: Including top sheets, production budgets, department budgets, above-the-line costs, below-the-line costs, contingencies, completion bonds, cost reports, hot costs, variance reports, actual expenditures, vendor bids and invoices, cash flow projections, financing structures, investor information, and tax incentive applications; (d) All Personnel Information: Including crew lists, deal memos, start dates, department hierarchies, organizational charts, hiring decisions, terminations, and any information concerning persons engaged on the production; (e) All Technical and Operational Information: Including camera packages, lighting packages, equipment manifests, post-production workflows, VFX breakdowns, editorial schedules, sound mixing schedules, color timing information, and delivery specifications; (f) All Vendor and Supply Chain Information: Including vendor identities, bid comparisons, service agreements, equipment rental terms, catering arrangements, transportation logistics, and accommodation arrangements; and (g) All Security Information: Including security protocols, talent movements, set access procedures, and any measures taken to protect the production from unauthorized access or disclosure. All information accessible in connection with the production shall be presumed to constitute Production Details unless expressly excluded by the Disclosing Party. The Receiving Party shall implement appropriate security measures to protect Production Details and shall not disclose such information to any third party without prior written consent, except to those individuals whose access is absolutely necessary for the Receiving Party to perform its obligations and who are bound by written confidentiality agreements.
"Production Details" means only the following categories of production information, and only to the extent specifically designated as confidential: (a) Unpublished Schedules: Specific filming dates, call times, and location schedules that have not been publicly announced, but only if marked "Confidential" or provided subject to express confidentiality instructions; (b) Specific Financial Figures: Actual budget numbers, specific line item costs, and detailed financial reports, but only if clearly marked as confidential; (c) Secure Location Information: Filming locations for scenes involving major plot reveals, security-sensitive situations, or locations where confidentiality is specifically requested in writing; and (d) Unpublished Crew Decisions: Hiring or termination decisions that have not been announced, but only during the period before such decisions become effective or are announced. For the avoidance of doubt, the following shall NOT constitute Production Details regardless of any designation: (i) The Receiving Party's general involvement in the production, including job title, department, and general timeframe of engagement; (ii) Information about the production that has been publicly announced or reported in trade publications; (iii) General descriptions of work performed, techniques used, or skills applied, without reference to specific confidential creative content; (iv) The identities of publicly announced crew members and department heads; (v) General production methodologies, standard industry practices, and non-proprietary technical approaches; and (vi) Information necessary for the Receiving Party to secure future employment, including general portfolio references. The Receiving Party may include general information about its participation in the production in resumes, portfolios, and professional profiles, provided such references do not disclose specifically protected Production Details.
Key Considerations
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Consider security implications. For high-profile productions, location information can create safety risks. Address physical security separately from competitive concerns.
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Allow for portfolio references. Crew members need to reference their work for career advancement. Build in reasonable exceptions for general portfolio use without specific confidential details.
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Address subcontractor chains. Productions involve many layers of vendors. Ensure confidentiality flows through subcontractor relationships appropriately.
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Distinguish pre-announcement from post-announcement. Much production information becomes public eventually. Tie confidentiality to specific timeframes or official announcements.
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Include insurance and legal information. Production insurance details, completion bond requirements, and legal arrangements are also sensitive operational data.