💡 Plain English Explanation

The Talent Information Protection clause safeguards sensitive data about actors, directors, writers, musicians, and other creative talent. In entertainment, talent compensation, availability windows, contract terms, and deal structures are among the most closely guarded secrets in the industry.

Leaked compensation figures can disrupt ongoing negotiations across the industry. Knowledge of a star's availability can tip off competitors. Contract terms that become public can create leverage issues in future deals. This clause ensures that everyone involved in talent discussions understands the sensitivity of this information.

This clause typically addresses:

⚠ Why This Clause Matters

For Studios and Production Companies: Talent costs are often the largest budget line item. When compensation becomes public, it affects negotiations across every project. Protecting deal terms preserves your negotiating position and prevents talent from using leaked information as leverage.

For Talent Representatives: Your clients' worth is established through careful positioning. Leaked low offers can damage reputation; leaked high offers can create unrealistic expectations. This clause helps manage information flow to protect long-term career interests.

For Production Partners: When evaluating projects, you need access to talent attachments and availability. But sharing that information prematurely can derail deals. Clear confidentiality obligations let parties share what they need while protecting sensitive negotiations.

📄 Clause Versions

Balanced Version: Protects core talent information while allowing reasonable business operations. Suitable for standard production partnerships and talent negotiations where both parties need to share and protect information. 
"Talent Information" means non-public information concerning talent engaged or considered for engagement in connection with a project, including but not limited to:

(a) Compensation and Deal Terms: Base compensation, bonuses, backend participation, profit participation percentages, minimum guarantees, per diems, perquisites, and any other forms of remuneration or benefits;

(b) Contractual Arrangements: Deal memos, talent agreements, option terms, first-look arrangements, overall deals, sequel and franchise commitments, and exclusivity provisions;

(c) Availability and Scheduling: Talent availability windows, production schedules, exclusivity periods, hiatus dates, and conflicts with other professional commitments;

(d) Negotiations: Offers made or received, counteroffers, deal points under negotiation, and the status of any ongoing talent discussions;

(e) Attachments: Information regarding talent attached to or considering attachment to any project, including the terms of such attachments; and

(f) Personal Information: Contact details, representation information, personal preferences, and any health or personal matters disclosed in connection with engagement.

Talent Information shall remain confidential regardless of whether such information relates to talent who are ultimately engaged or talent who were considered but not engaged. The Receiving Party agrees that Talent Information may be shared only with those representatives who have a need to know and who are bound by confidentiality obligations at least as protective as those contained herein.
Disclosing Party Favor: Maximum protection for talent-related information. Covers all aspects of talent deals with broad definitions and strict handling requirements. Use when sharing highly sensitive compensation data or negotiating major talent packages. 
"Talent Information" means any and all information, in any form, concerning any individual talent (including actors, directors, writers, producers, musicians, composers, choreographers, designers, and any other creative or performing personnel) that is disclosed by or on behalf of the Disclosing Party or to which the Receiving Party gains access, including without limitation:

(a) All Compensation Information: Including but not limited to quotes, base compensation, weekly and daily rates, episode fees, backend participation, gross and net profit participation, box office bonuses, awards bonuses, merchandising participation, music royalties, minimum guarantees, advances, signing bonuses, per diems, housing allowances, travel accommodations, entourage provisions, and any other form of direct or indirect compensation or benefit;

(b) All Contract Terms: Including deal memos, long-form agreements, amendments, riders, option agreements, first-look deals, overall deals, housekeeping arrangements, producing credits, executive producer credits, "most favored nations" arrangements, approval rights, creative control provisions, sequel and franchise commitments, exclusivity provisions, and non-compete arrangements;

(c) All Availability Information: Including scheduling availability, production windows, hiatus periods, promotional obligations, press tour commitments, conflict projects, and any other information concerning talent's time commitments;

(d) All Negotiation Information: Including any offers made, received, or contemplated, counteroffers, negotiation strategies, deal breakers, walkaway points, comparables used, and the status of all discussions;

(e) All Attachment Information: Including information about talent attached, in negotiations, on wishlists, or being pursued for any project;

(f) All Representation Information: Including agent, manager, lawyer, publicist, and business manager details, commission structures, and package arrangements; and

(g) All Personal Information: Including contact information, personal preferences, health information, family matters, and any personal circumstances disclosed in connection with potential or actual engagement.

The Receiving Party acknowledges that Talent Information is highly sensitive and that unauthorized disclosure could cause immediate and irreparable harm. All Talent Information shall be held in the strictest confidence and shall not be disclosed to any third party without the prior written consent of the Disclosing Party, except to those employees or representatives who have an absolute need to know and who are bound by written confidentiality obligations.

The mere existence of negotiations or discussions concerning any talent shall itself constitute Talent Information.
Receiving Party Favor: Narrower definition focused on specifically designated talent information. Provides clearer boundaries and preserves ability to discuss industry-standard terms. Appropriate for agencies and production companies handling multiple projects. 
"Talent Information" means only that information concerning talent compensation, contracts, and availability that:

(a) Is provided in writing and specifically marked as "Confidential Talent Information" or with a substantially similar designation; or

(b) Is orally identified as confidential talent information at the time of disclosure and confirmed in writing within five (5) business days, specifying the particular information to be protected.

Talent Information may include specific compensation figures, specific contract terms, and specific availability dates, but only to the extent such information is specifically identified and designated in accordance with this section.

For the avoidance of doubt, the following shall NOT constitute Talent Information regardless of any designation:

(i) Information that is generally known in the entertainment industry, including publicly reported deal ranges, standard guild minimums, and typical deal structures for talent at similar career levels;

(ii) Information concerning talent who are publicly announced as attached to a project;

(iii) General availability information that does not reveal specific production schedules or conflicts;

(iv) The fact that negotiations are occurring, absent disclosure of specific deal terms;

(v) Information that the Receiving Party receives from talent or talent representatives directly, absent a separate confidentiality obligation; and

(vi) Information that the Receiving Party independently develops or obtains from industry sources without breach of any confidentiality obligation.

The Receiving Party may share Talent Information with its employees, agents, and representatives who have a need to know, provided such persons are informed of the confidential nature of such information. The Receiving Party shall not be required to obtain separate written confidentiality agreements from such persons.

💬 Key Considerations