LONDON - Actors and their agents are warning that the use of Non-Disclosure Agreements (NDAs) in casting is a huge and increasing problem, with many major producers overly sensitive about the secrecy of their projects. NDAs are often in the news and usually for unscrupulous reasons. In recent years, they have been used to silence victims of assault or bullying; disgraced film producer Harvey Weinstein was found to have used them against women he’d attacked. But they are a legal tool, often used by film companies to protect copyright and prevent leaks about forthcoming projects. In an era of online file-sharing and sensitivity around plot spoilers, their increased use in this context is understandable. However, actors and agents are concerned that NDAs are being over-used when it comes to casting auditions, with sweeping and unreasonable terms. Big US streamers are being blamed for starting the trend. Casting directors say they work on behalf of producers and directors, who must take more responsibility. They say the usage of the contracts is breaking the traditional relationship between actors and their agents, and is increasingly cutting-out agents from the audition process altogether.
Bill Petrie, the co-chair of the Personal Managers’ Association (PMA), made up of 800 UK Agents representing actors, writers and directors, told BBC Radio 4’s Front Row: “We’re faced with a ludicrous situation. There are multiple NDAs coming through to agencies every day.
“The NDA usually comes just a couple of hours before they want to send the script to the actor to get the self tape back,” he explains. “So what happens is, the NDA goes straight out to the actor, the actor signs it, and the sides [audition scripts] are sadly sent sometimes straight to the actor.