You may know of a few online platforms that match up creative service providers with clients who need help with their projects—writing a book, creating a brand image, graphic design, music production, and so on. It’s normal in this type of partnership to have a non-disclosure agreement between creative and client. Both also agree to work within the platform’s rules around payment and other aspects of project management. In exchange for matching up the creative and the client, the platform charges a fee.
So far, so good...until one platform added a new restriction to their rules: the creative and the client can’t have access to playbacks of their own video meetings. Instead, the platform will (if asked) provide an AI-generated transcript.
If you’ve ever worked in a creative field, you know that a transcript can’t show all the non-verbal parts of a meeting, like screen-shared images, charts, etc.
Even worse, this new rule means that the creative and the client can no longer guarantee that the terms of any non-disclosure agreement they’ve entered into will be followed, because neither of them has any control over what the platform does with their intellectual property.
What’s the best way forward? We have some ideas, and we’d love to know what you think.
Questions for Listeners:
* Have you ever worked through a freelancing platform to provide creative services to another party?
* Or have you ever hired a creative service provider through such a platform?
* Would you continue to do so if your non-disclosure agreement became invalid?
* What do you think James should do?
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For Further Exploration:
Understanding NDAs for Creatives—a clear, two-minute explanation:
Why Creators and Artists Need an NDA:
https://nocturnallegal.com/blog/creative-entrepreneurs-need-an-nda/
Why an NDA matters in creative and tech projects:
https://annap.be/why-signing-an-nda-matters-in-creative-and-tech-projects/
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