NDA's - are they forever?

Ruz · Mar 2013

I was just curious about this as I have worked for some companies who have said that I can 'never' show the work I have done for them
In some of these cases there are good solid reasons for this in that they are still secret projects and have not been released externally.
'BUT' in other cases the assets have been included in game releases and they still state that i will never be able to show them.
I have tried contacting these companies but they have totally ignored my requests.
Some of these companies no longer exist, or have been taken over/merged, so does that mean my NDA is still binding?

TBH i don't want to jsut go ahead and show them as its not the done thing, but it seems a little unfair if you ask me.

any advice?

Eric Chadwick · Mar 2013

Depends on the way they're written, but yes, they are usually for forever.

Often the way I've seen this handled is for the artist to password-protect a folder, and share that with specific people. Or better yet, bring it with you to an interview, on a tablet or somesuch. I've never seen a company have trouble with this.

As long as you're not divulging sensitive trade secrets, and not doing it out in the open (public internet).

Edit, I'm showing some stuff from an unannounced title on my portfolio. I asked for permission to show it, never got formal signoff, but the project lead said it was cool. If they ask me to take it down, OK I will. That's usually all that happens, if a company is sensitive about something. They send you a letter, sometimes stiffly worded, and you take it down, and everything's cool.

adam · Mar 2013

The NDA should state when/if you can show the work protected by the NDA.

MikeF · Mar 2013

if you still have what you signed, look it over and see if there are any clauses pertaining to that kind of situation.

Most of the ones that i've signed range from 5-10 years whether or not the product is shipped, and a couple have included sections that dissolve the agreement if the company no longer exists

PixelMasher · Mar 2013

yea usually there is a section that talks about how and when you can show it. in the case of a company shutting down or being merged into another (thq?) I would say you could probably put the work up, who exactly would notice or even be in charge of contacting you to take it down. and thats pretty much the worst that would happen, you might get an email asking you to take the work down, you are not gonna get sued or something rediculous like that. use your own judgement with what you feel comfortable doing.

Eric Chadwick · Mar 2013

Another thing. It's good to be sensitive to the core of what the NDA is about. You want to be respectful. I don't take it lightly, so what I'm sharing on my site has nothing to do with what the game is actually like, or the name of the title, etc. But someone in legal could still get their panties in a knot, you never know.

Ruz · Mar 2013

ok, thanks for that guys, seems as though if i wanted to show them for interviews then that might be ok, but yeah it's a tough one as there are quite a few pieces I would like to show, but can't.
I don't think I have the nda's still, but I can't recall them having a clause about the company no longer existing/merging with a larger company.

I will have to look in to that some more or try and contact them again.

I did some work on 'the outsider' back in 2006 and it still hasn't been released.
TBH that work was not that great, so it s not a big deal now..but most of the work I am wanting to show is from the last few years and is still ok folio wise.

what about projects that are now defunct or got csncelled, I guess the nda's still apply?

EDIT yeah eric, I am super careful as I don't want to upset any of the clients I have worked for, but it just seems a bit unfair as this stuff is already out there in released game form, so they seem to be just against me putting my name to the artwork as they were subcontracting me from a larger company.

low odor · Mar 2013

I'm no big city lawyer...but If it has already been disclosed, how can you be held liable for showing it?

Eric Chadwick · Mar 2013

Defunct or cancelled, NDAs still apply. Most contracts have a clause saying nothing dissolves the agreement unless it's in writing.

adam · Mar 2013

Hijack: Is there record anywhere of someone breaking their NDA, getting caught, and their being action taken?

And I don't mean a high-ranking person, but a production staffer like an artist or level designer.

Ruz · Mar 2013

I bet its very unlikely adam, but being self employed it would not be a good thing to do:/ don't fancy getting sued even of the chance is small of that happening and it s more about client confidence really.
low odor,yeah it seems like they have shown the final product, but they don't want me showing the breakdown or claiming ownership

Eric, yeah I tohugh that would be the case, shame reallly

Eric Chadwick · Mar 2013

Well, the most recent one I remember is when Rayph got the slapdown from THQ.
http://www.polycount.com/forum/showthread.php?p=1711466#post1711466

Target_Renegade · Mar 2013

Had to sign one NDA where it was a startup/fairly high stakes idea - no disclosure whatsoever, and then others that included time constraints like 5 years. Most of them were mainly to do with working in the same industry/conceptual department. As long as it didn't compete directly with the employer.

Logically I'd say that if the game has been released then you could show the finished asset, but not how it was constructed - textures, wireframes, etc.

Why not just show screengrabs of the work from the game itself?

3DKnight · Mar 2013

Unless its reaaally serious breach of information, like the code for the engine for example and other "trade sekrets", you will mostly likely just get a Cease and Desist email from the company.

For a few art assets, its usually not within their interest to pursue it further.

It is still a bad Idea to do this though.

Usually for Art assets, if the game has shipped, there is usually an acceptance that you can post your models, though don't flaunt them, unless you say you want to do a feature on them... and ask for permission.

Kwramm · Mar 2013

This might be the case in other countries too. I remember in Germany there was a court ruling that said you can use your own work for getting a job, even if it's NDA'd, if that is the practice in your industry - that you have to show your past work. They held the right to get a job higher than the NDA. However this does not mean you can make the work public, i.e. put it on a website that just anyone can see.

JordanN · Mar 2013

Target_Renegade wrote: »

Why not just show screengrabs of the work from the game itself?

This is probably the best idea.

I visited a game artist blog where despite working on the game, she only showed [off screen] screenshots of her work.

Ruz · Mar 2013

cheers for the advice guys, will try and chase them up first then take it from there.
screenshots are ok , but it's nice to show off the zbrush models and other stuff.

Blaizer · Mar 2013

Yeah, some companies has a very bad policy about what we can show or not. So at the end, you only can show screenshots from the press, and say: hey, i did this model!, but nothing more, nor wires, nor anything.

But do you know... in an interview, you always can show your work on an ipad for example!

NDA's - are they forever?

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