Why do so many companies require NDAs?

Clients spend a lot of time and money planning where, when and how information is distributed relating to their property. When information is revealed ahead of the intended time, it can hamper or even ruin their marketing strategy. And leaks can cause companies enormous amounts of money, depending on the severity.

NDAs are common at various stages of a production pipeline, and may be required of every contractor and employee who is working on the project in any capacity.

How do I know when I’m allowed to announce my role in a project?

Sometimes, the client may publish casting announcements or list voice actor credits, in which case it is generally safe to announce your role. (Be sure the credit/cast list is an official release and not a leak!)

However, many projects—especially media localized from another language—may not include credits for the English voice cast. If that is the case, the general timeline in which you may be cleared to announce is when the project has been officially released in your region, featuring your character and your voice, unless you have been instructed not to do so. There are occasionally instances where voice cast are never allowed to talk about their roles, though this isn’t a common occurrence.

That being said… if you are in any doubt, ALWAYS ask!
It is better to be safe than sorry. Rather than being annoyed that you asked, clients will likely appreciate that you respect their confidentiality. Obviously you don’t want to bombard them with regular emails asking if you can talk about it yet, but checking in once the project has been released is perfectly valid.

The project I’m recording for has already been revealed to the public. Why do companies care if I announce my role ahead of time?

Just because the project itself has already been revealed does not mean you are clear to share information. For example, you may be recording a new character for a game that is to be added as DLC, but hasn’t been announced yet. Or you may be told about an important future plot point in a show that the audience doesn’t yet know about. Perhaps your character’s existence could even be a spoiler. Or, some clients may prefer to plan their own cast list reveals and don’t want anyone jumping the gun.

Who can I check in with if I have questions about what I’m allowed to share?

If you booked the project through your agency, your agent should be able to reach out to the client or studio on your behalf.

If you booked it directly, send an email to whomever your point of contact was for the project—this may be the project coordinator or administrative assistant at the recording studio, or possibly the casting director. They can reach out to the end client for further guidance.

In some cases you may be working directly with the end clients themselves, in which case you may simply send an email to ask them if/when you are cleared to announce your role.

Can I talk about auditions I receive if I wasn’t asked to sign an NDA?

It’s best to assume any project you audition or record for is confidential unless you are told otherwise. With auditions, it can be cumbersome to have hundreds of actors sign NDAs for every project they read for (though some studios do require it), so it’s often implied that actors will be professional and use discretion. Sharing audition sides or information without permission can not only make you look bad, but also reflect poorly on your agency if you are represented by one.

Am I allowed to announce my role if I hear my voice in a trailer, demo or promotional video?

Do not assume it is okay to announce unless you receive permission to do so. Many times, the voice cast is still considered under NDA until the finished product is available in the market.

I’m working with an impressive client, and it’ll be a big boost to my career. Can I list it on my resume if I don’t name the project or role?

Listing a client you are working with on a confidential project, even if you don’t specify which project, is still likely a breach of NDA. Even if it’s on a resume on your website which you’re pretty sure no one sees, there have been actual instances where voice actors listed something like “Confidential Project for [Game Company]” on a resume and fans deduced what the project was. Information quickly spread to news outlets and this reflected negatively on the actors involved. As frustrating as it can be to be patient… you don’t want to be the one responsible for a leak!

I create content for social media to aid in marketing myself. Can I post “behind the scenes” content from my recording sessions?

Booth selfies, or “boothies” are a potential landmine when it comes to NDAs. There have been actual instances in which extremely savvy fans have noticed scripts or screens in the background of a booth photo and realized what the actor was recording for. Due to confidentiality concerns, a number of recording studios will actually have signs prohibiting photos or videos inside the work area.

But what if you want to take a photo to commemorate a session that was special to you? This is usually okay, but if you plan to post it, it’s smart to wait until after the project is released, unless you get permission to share beforehand. Some clients may even permit you to film content for your socials to help market the project, but again, always get approval first.

Can I tell my partner, family member or best friend what I’m working on?

While the technical answer is “no”, in practicality many people do tell their partner or other very close person in their life about their work. The problem is, each person you tell has the potential to tell someone else, and information can get away from you very quickly if you’re not careful. Even if you’re certain you can trust someone, there is always a risk: for example, if you and your partner were to split up, or you had a falling out with your closest friend, do you trust that person would not attempt to sabotage your career by breaking your NDAs?

A fan recognized my voice in a trailer and posted about it/tagged me/put it on a wiki. Will I get in trouble?

You cannot control fan speculation (and fan speculation is often wrong.) As long as you yourself did not reveal this information, there is no reason you should get in trouble. Had you inadvertently revealed your role too soon, chances are someone would screenshot it even if you deleted it shortly after—so absent of that, there is no proof other than a random person guessing who the voice sounds like. That’s not on you.

If someone tags you in a project you can’t talk about yet and asks “is this you?” the best course of action is to simply ignore it. If you’re in a situation where you must respond, such as in-person at a convention, you can say something like “I can’t confirm or deny either way, but feel free to follow me on socials if you want to keep updated on any new projects!”

Can I negotiate the contents of an NDA?

That depends. If you’re working with a large company or established recording studio, they will usually have their own NDA that is standardized for all their projects and cannot be altered for a single actor. But if you’re working with an independent client, you may have a bit more leverage.

Do remember that it’s always okay to ask questions if you need more clarification on the terms of any contract. Some clients that aren’t large enough to have their own legal teams may even use boilerplate NDA templates they find online that have terms not applicable to voice actors.

Ideally, an NDA should have some term of expiration—such as five years from the original date signed. If you are asked to sign a perpetual NDA, you may wish to clarify or attempt to negotiate. Even if your NDA expires, you should still avoid revealing sensitive information such as company trade secrets or anything which could harm your or your client’s reputation.

What happens if I violate an NDA?

That depends on a lot of circumstances, such as the severity of the offense. The terms of most NDAs state that the client may even pursue legal action if the agreement is violated, though in practicality it is expensive and time-consuming to sue someone so this course of action would likely be reserved for extreme breaches that cost the company significant monetary losses.

The most common consequence of breaking NDA actually happens in the form of damage to your professional reputation. If you share confidential information, you can be seen as a liability by the studio, casting director, clients, and even other potential clients you may work with in the future.

But, what if it’s accidental? The best course of action is to delete the offending post/comment and avoid drawing any further attention to it. If you are approached by someone in charge, apologize sincerely, explain that it was an honest mistake and that it will not happen again. If you are otherwise a great performer and have always been great to work with, a reasonable client will understand that people are human and sometimes things happen, though it may take some time to gain back their trust.

General best practices re: confidentiality

• If you’re not sure if something is okay to share, ask your point of contact.
• Ask before taking or posting photos or videos from inside the recording booth.
• Do not post clips from private auditions online or talk about what you are auditioning for.
• Avoid hinting about what you’re working on, whether on social media or on your resume/website.
• If someone correctly guesses that you’re working on a project but you can’t talk about it yet, avoid giving it any sort of reply or attention if possible. Even a “like” on the comment may be taken as a confirmation!
• If the project is released without credits, try to find a clip of your character on YouTube or social media to make sure that it is actually your voice. Unfortunately, project teams sometimes decide to recast due to a change in creative direction and never inform the original actor. It would be awkward to announce a role you had recorded for only to not realize you’d been secretly recast!
• Sometimes projects may be released in other countries ahead of your own—for example, let’s say you are based in the United States, but you work on a show that is released on streaming services in Canada ahead of the US release. Even if your name is in the credits, you may be asked to wait until the show is released on streaming platforms in the US before announcing your role.
• If another actor isn’t credited in the project or is using a pseudonym, do not reveal their involvement unless they do so themselves.
• Take care not to reveal confidential information on podcasts, interviews, or panels.
• Take care not to speak “officially” on behalf of any company you work with. If you share opinions about a project, it should be clear that you are expressing these opinions independently as an actor, not as a representative or employee of the company.
• If you are playing multiple characters in the same project such as a mobile game, be aware that not all of your characters may be released at the same time. Announcing one of your characters before they are actually revealed in-game could be considered a leak.
• If you are posting a picture of your character along with your role announcement, make sure you are using an official image (not fanart) and that the particular character art is not a leak or a spoiler. If you’re concerned about this or aren’t sure how to tell the difference, feel free to reach out to your point of contact for approval of assets and/or ask if there is official art they can provide you.
• Be mindful that even if a project is out, there may be information that is not appropriate to reveal: for example, behind-the-scenes conversations with clients or directors, overly specific information about the workflow/recording process, or materials/information from the original audition sides.
• Above all, use common sense, and if you’re not sure… ask!