I just wrote a 650 word email to Twentienth Century Fox Home Entertainment. My editor, Jez Ford, used just three words to basically say the same thing in response: ‘NDAs are evil’.
Trying to keep in contact with the various distributors of Blu-ray discs has been difficult. From my point of view — largely because they are so responsive and helpful — the best companies are Warner Bros, Paramount, Roadshow Entertainment and Disney.
The worst has been Universal Pictures. Most of the time they don’t even respond to email, and review discs are few and far between.
Sony Pictures Home Entertainment and Twentieth Century Fox have been variable. I am loathe to criticise them because they both came to my rescue, three years ago, with Blu-ray discs when I had the first couple of players heading my way, and nothing to play on them. But over the last year or so, they have been quite unresponsive to my email. Nice enough on the phone, but little happens.
So once again I got into contact with the latter today, since I need a packshot for my recent Blu-ray vs DVD comparions of The Transporter. It wasn’t available through the company’s online press office.
I was heartened to discover that one of the excellent PR people from Paramount was now with Fox. Unfortunately, new rules (not his fault) have been put in place by Fox corporate, technically ‘TWENTIETH CENTURY FOX HOME ENTERTAINMENT LLC, with offices at 2121 Avenue of the Stars, Los Angeles, California 90064’, if I can quote from the ‘CONFIDENTIALITY AND CONTENT PROTECTION AGREEMENT’ it has disagreeably exuded.
Apparently, one can only receive review copies of Fox Blu-ray discs and DVDs if one signs this agreement.
Had I signed this agreement, I would not have been able to even mention on this Blog that I had signed the agreement unless I had written permission from Fox to do so! Don’t believe me? The 130 word definition of ‘CONFIDENTIAL INFORMATION’ says, in part:
Confidential Information includes, for example and without limitation, information, techniques, and processes related to the creation, promotion, marketing, selling, and distribution of Fox’s products, including without limitation creative processes, content protection measures, marketing plans, customer and supplier identities, pricing, other competitive information, the status of discussions or negotiations between Fox and Recipient, and the terms of this Agreement or any other agreement between Fox and Recipient. Confidential Information can be in tangible or electronic form or conveyed verbally.
I’m quoting this at length, because anyone who actually signs it probably won’t be able to. Don’t believe me? Clause 2(a) says:
Recipient shall hold Confidential Information in trust and confidence on behalf of Fox. Recipient shall not disclose Confidential Information to any third party, except as specifically approved in advance in writing by Fox.
No journalist should sign this. The preamble says:
In connection with the Purpose, Recipient may acquire highly sensitive and valuable information and materials from Fox, and both parties wish to ensure that these information and materials are protected and kept secure in their mutual business interests.
As I wrote to Fox, decling to sign:
In fact, the job of the Recipient is to provide interesting and useful information to the readers of the publication. Sometimes (virtually never in my case) that may not be in Fox’s business interest.
But it would have been easier to say what Jez said: ‘NDAs are evil!’
Meanwhile, should you read in your local newspaper or a magazine or on a website a review of a DVD or a Blu-ray disc from Fox, you should perhaps query the publication as to whether it is bound by a ‘CONFIDENTIALITY AND CONTENT PROTECTION AGREEMENT’.