NDAs: What are they, and why are they so important?
Jun 19, 2017 17:07:01 GMT -8
Ice Queen, doomwar, and 4 more like this
Post by Lady Stardust ★ on Jun 19, 2017 17:07:01 GMT -8
As you pursue professional voice work, you'll inevitably be asked to sign the dreaded "non-disclosure agreement", or NDA for short. And even if you aren't actually asked to sign an NDA itself, it's best to treat any official show or game that you work on as being under NDA until you have the green light to do so otherwise. But a lot of times, the language in these contracts looks like a bunch of legal terms and technicalities, so...in plain terms, what does it actually mean?
First and foremost, an NDA is about confidentiality of information related to the project you are working on. This can include, but is not limited to, the title of the project, the platform it will be released on, names/images/descriptions of characters, any information regarding the plot or story, and the actors and staff involved in the production.
You may be asking, "Why do companies care so much whether or not a voice actor announces they're working on a project?"
Sound farfetched? Here are two examples of voice actor leaks that caused proprietary information to be released ahead of schedule, both regarding the Fallout games:
kotaku.com/leaked-documents-reveal-that-fallout-4-is-real-set-in-1481322956
So...when exactly CAN you talk about your involvement in something?
Bear in mind these caveats:
What about "hinting?"
Sometimes actors will be so impatient and/or excited to announce the role that they will drop "clever hints" on social media, under the guise that they're not technically breaking NDA (for instance, posting a picture of a yet-unanounnced character with the caption "This sure looks really cool!
") People aren't dumb, and while you may not officially get in trouble for doing something like this, clients probably wouldn't be too happy with you about it. Giving too many specific details ("I'm in a JRPG that I can't talk about yet, but it's coming out on May 25th!") can also make it possible for people to narrow it down, and therefore I suggest avoiding mentioning anything unless it is so vague that no one could possibly know or figure out what you're referring to.
Can I announce that I am reprising a previous role in a sequel, new season, etc?
Again, wait for confirmation or release. Even if a reprisal seems obvious, you don't want to jump the gun on revealing plans for upcoming releases.
What if I have my Facebook private to only my friends and family?
Keep in mind that non-disclosure extends to the auditioning and recording process, too. If something isn't public knowledge (open auditions), don't discuss what you're auditioning for, and be careful discussing anything about the behind-the-scenes process. This also goes to outing other actors in the cast---unless an actor themselves has confirmed they play the role or it's listed in the credits, don't take it upon yourself to confirm their involvement without permission, especially if they use an alias. They may be keeping it quiet for a reason, such as if it's a union actor doing a non-union project.
Unfortunately, most companies do not tell us when we can announce our roles, so the responsibility falls on us as actors to keep track of release dates and whether or not our characters have yet been implemented. If you are ever in doubt, always ask to be sure.
________________________
All guides and resources on this forum are provided on a volunteer basis. However, if you find them helpful, please consider buying me a coffee!
First and foremost, an NDA is about confidentiality of information related to the project you are working on. This can include, but is not limited to, the title of the project, the platform it will be released on, names/images/descriptions of characters, any information regarding the plot or story, and the actors and staff involved in the production.
Many times, some or all of this information has not yet been released to the public, but needs to be made available to the actors for the purposes of auditioning and recording. Some projects may use "working titles" or "code names" to try to prevent leaks, but there's only so much that can still be kept hidden when you're actually working on the job. You can think of this as being trusted with secret information for the express purposes of doing your job properly---and you don't want to do or say something to break that trust.
For one, the clients want to be fully in control of when and how information is distributed regarding their properties. They may not have announced the production is even being localized or worked on yet. If they decide to release a cast list, they want to be able to do so on their own terms and timeline in order to promote the project accordingly. And spoilers or any plot giveaways can be a risk, too (sometimes a mere character's existence in a game is considered a spoiler, especially if it's part of upcoming DLC content.) And while this is a very unfortunate circumstance, it does occasionally happen that an actor needs to be recast midway through the recording process, so allowing them to have announced a role before recording is completed can create a messy situation.
Consider the following hypothetical situation: John Doe, a voice actor, loves the game "Big Scary Zombies". So when he is cast to play a character in the English version of "Big Scary Zombies 2", he can't resist hinting about it on social media. He posts a picture of himself in the booth and tags both the director and the studio, with the caption "Working on the sequel to one of my favorite games!" However, he forgets to block out the screen, and the game's logo is visible along with a few of the lines on the script.
A fan of John's who also loves the game zooms in on the picture and notices the logo. She is curious because it hasn't yet been announced that Big Scary Zombies is getting a sequel, much less an English dub. She eagerly posts to an online gaming forum saying "Big Scary Zombies 2 confirmed???" and linking to the tweet. People start talking about it on the thread, and it doesn't take long until someone zooms in on the script enough to notice the name of John's character, who is brand new to the game and was intended to be a special reveal. And because he also tagged the director and studio, the fans now know exactly which studio is dubbing the game and who is directing it. The studio starts getting emails asking for information, and aspiring actors start tweeting at the director asking if they can audition for the game.
It doesn't take long for word about the leak to get back to the game company, who is now furious because they poured countless amounts of time and money into working with a marketing team to create a plan for the game's reveal. The clever and elaborate social media campaign they were planning to launch is now completely dead in the water, all because a voice actor tweeted too much information without thinking. As a result, the game company threatens to pull their partnership with the studio. Desperate for damage control, the studio decides to fire and replace John on the project. And because of the hassle he caused them, they have decided to blacklist him from working on any future projects there. And when the director later moves onto working at a different studio, she throws John's auditions in the trash because she doesn't want him causing similar problems with the new studio and clients.
As you can see, in this fictional example, an actor's negligence can affect many people beyond just oneself.
Sound farfetched? Here are two examples of voice actor leaks that caused proprietary information to be released ahead of schedule, both regarding the Fallout games:
kotaku.com/leaked-documents-reveal-that-fallout-4-is-real-set-in-1481322956
While the provisions of an NDA usually state that an actor can even be sued for leaking information, the chances of this happening are actually quite rare. However, violating this agreement, even as an honest mistake, can result from anything from a serious reprimand to even being blacklisted from working with a particular company or studio again. As you can see in the above example, even in the case where an actor realizes their mistake and deletes the post or comment immediately, once there's a screenshot, it's there forever.
So...when exactly CAN you talk about your involvement in something?
- The safest way to know is when you have written confirmation from the client or studio involved that you are allowed to reveal your role. Unfortunately, it's still not commonplace in the industry to send out cast emails once a project is out, so don't hold your breath on waiting to be contacted---it's generally on actors to keep track of and confirm release dates if they wish to announce their involvement.
- Another safe option is if the clients themselves do a cast announcement/reveal. Many times they will give the actors a heads-up before making the cast announcements so that they will be prepared to share or retweet. (Note that sometimes, cast reveals will be incomplete and may not include minor characters or characters who show up later. If you're not mentioned in the cast announcement, ask before saying anything.)
- Many times neither of the above will happen, but there may be voice cast credits listed in the game or show. If the project is out in the English-speaking market AND you are credited, then it's generally considered safe to announce.
- Unfortunately, many projects - particularly game projects - do not list actor credits. If the project has been officially released in the English-speaking market and there are no credits BUT your character is released AND your voice is in it, then it's generally considered safe to announce unless you have explicitly been instructed otherwise. Keep in mind that if your character is considered a spoiler, production may request that you keep it vague; for instance: "I provided voices for (x) / you can hear my voice in (x)" without mentioning the name of your character.
Bear in mind these caveats:
- Make sure your character is released! In video games, characters may be recorded early for the purposes of DLC or later implementation in the game. If the game is already out, but your particular character hasn't been released yet, you can be considered as breaking NDA for leaking the fact that the character is or may be coming to the roster.
- Make sure it's actually your voice. The grand majority of the time, it will be...but unfortunately, sometimes an actor will record an entire character, the client will later decide it's not quite what they have in mind, and they will bring in someone else later to replace all of the dialogue. Because the original actor completed the session and got paid for it, they will often have no idea they were recast. If there is any doubt, it never hurts to double-check, because how embarrassing would it be to announce that you play a certain role only to find out that you...actually don't after all?
- If the cast list is a result of a leak, do not take this as it being OK to share. Sometimes, due to various factors such as datamining, piracy, or advance copies, fans of a product may get their hands on the credits ahead of time. If the project isn't out yet and the cast was not revealed from an official source, you should still wait for official release unless you are given permission to share early.
If you aren't sure... ASK!! While production may not always have the time to look into these things for you, chances are they'll appreciate that you at least checked in with them before posting about your involvement.
What about if the trailer or demo comes out and someone recognizes my voice?
You can't control whether or not people speculate, but you can avoid confirming or denying anything by simply staying silent. Some clients are okay with voice actors announcing at this stage, but others are not, so don't assume that just because a trailer or demo is out that it's okay to say anything.
I recorded for a project but wasn't actually asked to sign an NDA. Does that mean it's fair game?
No! Not every project will require a formal NDA, but that doesn't mean you're automatically free to put it on your resume or post that you're in it. Sometimes a studio may not require a signed NDA because they trust that their actors will have enough professionalism to avoid leaking anything. If you are not sure if it's okay to talk about something ahead of time, always ask first.
What about "hinting?"
Sometimes actors will be so impatient and/or excited to announce the role that they will drop "clever hints" on social media, under the guise that they're not technically breaking NDA (for instance, posting a picture of a yet-unanounnced character with the caption "This sure looks really cool!
") People aren't dumb, and while you may not officially get in trouble for doing something like this, clients probably wouldn't be too happy with you about it. Giving too many specific details ("I'm in a JRPG that I can't talk about yet, but it's coming out on May 25th!") can also make it possible for people to narrow it down, and therefore I suggest avoiding mentioning anything unless it is so vague that no one could possibly know or figure out what you're referring to.Can I announce that I am reprising a previous role in a sequel, new season, etc?
Again, wait for confirmation or release. Even if a reprisal seems obvious, you don't want to jump the gun on revealing plans for upcoming releases.
What if I have my Facebook private to only my friends and family?
This is still not an acceptable place to discuss confidential work-related material. For example, let's you break NDA by talking about something you auditioned for on your personal Facebook, but figure you're okay because you don't have fans or clients friended. However, your cousin sees it and, meaning well, tells a friend of theirs "Hey, guess what cool thing my cousin got to audition for!" and that friend tells another person, and suddenly it finds its way onto an Internet forum. It is always better to be safe than sorry.
I want to check with someone to see if it's OK to reveal my role. Who should I get in touch with?
Generally, this will be whoever your point of contact was for the project. If you were working with a recording studio, this will probably be their project manager or talent coordinator, who can then reach out to the end client on your behalf if they need to double check. If you were working with the client directly, then you can email your point of contact at the company. Sometimes even the voice director themselves may not know when something is coming out, but if you were working closely with them on the project they may have some information. It's a good idea to do your own research first---for example, instead of asking "when can I talk about this?", you can say something like "The playable demo is out as of today with my voice in it. I wanted to check if it is okay to announce my involvement, or would you prefer I wait until the release date of the full game?"
NDAs in the Age of Social Media
With social media being more of a part of our lives and culture than ever before, it is especially important for anyone trusted with confidential work information to be viligant about how they conduct themselves on social media. Even an innocent slip-up can snowball into a bigger mess, especially if it involves a major franchise where fans are hungry for information. Now, more than ever, it's important to be mindful of the following:
- Fan speculation. It's not uncommon for fans to tag an actor asking "Are you the voice of (X) in (Y)?" or even "I heard you were the voice of (X) - congratulations!" Do NOT respond to or acknowledge these tweets unless you are sure the project is out. Sometimes fans will "guess" ahead of time and you don't want to accidentally confirm something, so it's better not to assume.
- Boothies/studio pictures. A "boothie", AKA a selfie taken in the booth, is something a lot of voice actors like to post as a point of pride or to show casting directors that they are working. However, sometimes a boothie may have unintended consequences, especially if anything at all that could be considered confidential is in the shot (screens, scripts, etc.) Some studios will even bar actors from taking any sort of pictures in the work area for confidentiality reasons, and do not want their booths or signs visible in the shots whatsoever. You're generally safer to take them from your home booth, but make sure that absolutely nothing is visible that shouldn't be. And if you want to be extra safe, wait to post that boothie or picture of you in front of the studio until after the project is out (who doesn't love a good #ThrowbackThursday?)
- Likes/retweets. As silly as it is, "likes" show up to your followers on Twitter as do retweets, so if you are all of a sudden liking and retweeting a ton of posts related to your character in a yet-unreleased project, someone may put two and two together. Again, while you're unlikely to actually get in trouble for something fairly innocuous like this, it doesn't hurt to err on the side of caution particularly if you have a larger following.
- Tagging others involved. It may seem vague enough to post "Had a great time working with [director] today at [studio]! Can't wait for you all to see what this is!" However, let's say that director is known for working on one particular very large project at that particular studio, and that said information is public knowledge among other actors and even fans. All it takes is a few people asking "Oh, are you working on a new character for [project]?" and speculation starts happening again. If you really want to give a shoutout to that awesome director but you can't talk about the project yet, ask them first if it's okay to do so.
Keep in mind that non-disclosure extends to the auditioning and recording process, too. If something isn't public knowledge (open auditions), don't discuss what you're auditioning for, and be careful discussing anything about the behind-the-scenes process. This also goes to outing other actors in the cast---unless an actor themselves has confirmed they play the role or it's listed in the credits, don't take it upon yourself to confirm their involvement without permission, especially if they use an alias. They may be keeping it quiet for a reason, such as if it's a union actor doing a non-union project.
Unfortunately, most companies do not tell us when we can announce our roles, so the responsibility falls on us as actors to keep track of release dates and whether or not our characters have yet been implemented. If you are ever in doubt, always ask to be sure.
________________________
All guides and resources on this forum are provided on a volunteer basis. However, if you find them helpful, please consider buying me a coffee!
I’m a female voice actor with a High pitched, normal and robotic voice and I can also do British accents! I do murder drones and I could try any other and I can follow scripts! Send me an email if you need me! (Mahatareq09@yahoo.com)