One of the most important aspects to the Marvel Cinematic Universe is that it keeps audiences in suspense for what’s coming next. This helps build anticipation for upcoming events and new announcements. It’s a tactic that’s helped fans support the franchise and continue seeing new films and shows as they’re released. In order to do this, however, everyone involved with these projects must sign NDAs. Now a Marvel attorney has explained what happens if any actors happen to break their NDA agreements.
Marvel Studios attorney, Paul Sarker, recently spoke with ComicBook on the matter. He went into great details about what could happen to any actor that might break their NDA agreement with Marvel.
As you can imagine, the consequences can be pretty dire.
The attorney revealed:
“Legally, if you violate an NDA, you could be responsible for damages, legal damages, and potentially an injunction,” Sarker explained. “If you threaten to say, ‘Hey, I’m going to release X information unless you negotiate this deal with me,’ or you could try to ransom. In that situation, the studio could sue you and say, ‘Hey judge, make sure this person doesn’t say anything because this could cause us irreparable harm,’ but that’s less likely to happen.”
With as much money as these projects can make, the damages can seriously add up. Of course, Marvel is also open to more practical approaches.
“The other thing you risk is the relationship, right? Let’s say you haven’t been cast and they send you a script and you’re being tested, or they send you a link to some secure site where you can get a script and you can do maybe a table read or whatever online,” the attorney adds. “If you then leak that information, A) they could sue you, and B) they’re probably not going to want to work with you because you’re not someone that could be trusted. If they bring you in and give you more, they need to be able to trust you to sort of bring you in and on the team.”
He explained that unless you’re further along in the production process, then you might receive any payment at all.
“If you’re breaching or you’re in violation of the contract, they don’t necessarily have to pay you,” Sarker continues. “So there’s a lot of risks there, but I’d say the biggest ones are alienating the relationship with the studio, because they can’t trust you. And then monetary damages.”
He also confirmed what a NDA from Marvel Studios covers.
“They cover anything that is not public information that you get from the other side that you didn’t otherwise know or discover on your own, basically,” Sarker stated.
He also noted that they don’t have to be negotiable.
“From the studio’s perspective, you want as broad coverage as possible, so that if there is a leak, you don’t have to argue about whether it was confidential or not,” he concluded.
Paul Sarker worked on a number of MCU projects over the years – specifically five feature films. As such, he’s definitely well-aware of the ins and outs of the studios, and it’s fascinating to see what the consequences of breaking their NDAs could consist of.