Chapter Fifteen: The NDA
Under the threat of legal action, Localad is now being forced to sign a contract promising not to criticise the film.
The
email from the studio's legal department arrived just four days after the set
visit. It thanked Localad
for his continued partnership.
This was how he knew something unpleasant was attached and it was, Localad would think later, remarkably pointed in its
cruelty. No accusation, no acknowledgment that anything had happened, simply a
document attached to a message.
The document was described as a “standard supplemental
confidentiality and non-disparagement agreement intended to support a
constructive launch environment.” It was twelve pages long and meant: do not
tell anyone what they have done.
It
read, in its entirety: Standard update to your agreement as per our recent
discussion with Desmond. Please review, sign and return it at your earliest convenience.
Thanks!
Priya
Reyes, when Localad forwarded it to her, called him within the hour, and her angered voice had a sharpness to it he hadn't heard since the first negotiation.
"This
isn't standard," she said. "This is a public criticism restraint
clause. It's asking you to agree not to make negative public statements about
the film, the studio, or any individual associated with the production, in
perpetuity, across any platform, for the life of the agreement plus five
years."
“Do not sign this.”
“I wasn’t going to.”
“Good. I enjoy unnecessary miracles.”
Priya went through the clauses one by one.
The studio wanted Localad barred from publicly
criticising the screenplay, the casting, production, marketing, final cut or
“creative evolution” of the project. And in return, it promised a continued
consultation, access and invitations whose practical value Priya described as “nothing
more than ornamental.”
"Can
they do that?"
"They
can ask. Whether you sign it is up to you. I want to be clear: nothing in your
original contract required this. This is new, and it's being introduced now,
after you've already visited the set and, I'm guessing, seen something you
weren't too happy about."
Localad
hadn't told Priya about the soundstage, hadn't told anyone except Marjory, but
the timing wasn't difficult to interpret, someone at the studio, or possibly
Desmond himself, had noticed a writer growing visibly unhappy and had decided,
sensibly from their perspective, to close the door before he found a reporter
to complain to.
“Can they make me sign?”
“No.”
"What
happens if I don't sign it?"
Priya
was quiet for a moment, weighing an honest answer against a comfortable one.
"Nothing happens to your existing rights," she said. "Your story
credit still stands. Your option and purchase payments, already received, still remain yours. But
Desmond's office has made it clear, informally, that your continued access, set
visits, input on the mythology and being kept in the loop on further cuts, is
being framed as wholly contingent on 'a good working relationship going forward.'
That's their phrasing, not mine. It's not technically extortion. It's
persuasion with added consequences attached."
“Or more simply put, they stop inviting you into rooms where
decisions have already been made.”
“But they already do that.”
“Yes. This just formalises the whole process.”
"So,
sign it, or I lose whatever say I may have left then."
"That's
a fair summary, yes."
He thought about Marjory's question from weeks earlier — is there still something worth staying for? — and found, sitting with the legal document open in front of him, that the honest answer had started to shift.
There was even less of his story to protect now than there ever had been. The leading character Jasmine's gender had
changed. The ending had been compressed into a single shouted line over an explosion.
The eleven knights he'd loved patiently constructing had all been consolidated into a single version he barely
recognized. What had remained, that was still worth staying for had gotten smaller with
every re-draft, and he suspected, while looking at the restraining order, that it was all about to get smaller still.
Desmond came to the apartment that evening.
He did not bring his usual charm. This was how Localad really knew the
situation was serious.
“The studio is nervous,” he said.
“About me?”
“About narrative control.”
“That sounds like something a dictatorship puts on a
stationery order.”
“They know you’re unhappy.”
“I watched them close the Wound with an explosion.”
“I know.”
“Do you?”
Desmond sat down.
He looked older than he had in Meridian Cove, when he
carried Purradise out of the shop with the greedy wonder of a man rediscovering
belief.
“I really thought I could shepherd it,” he said. “That’s what
producers tell themselves. We say we’ll stand between the work and the machine.
Then the machine offers us a larger budget on the condition that we move
slightly to one side.”
“And you moved.”
“Yes.”
Priya negotiated the agreement down as much as she could. Over all, Localad had retained
the right to discuss his original novel, his writing process and general
principles of adaptation. However, he could not criticise the film directly at any time before its release.
“Signing preserves a degree of access for you,” she said. “That's not control. I
want to make that distinction very clear.”
“So what would you do?”
“I would decide whether this access gives you any realistic
chance to protect anything that remains. If not, I feel your silence is simply being purchased
with imaginary currency.”
Localad thought of Marjory’s three conditions.
Jasmine was gone.
The Wound was closed.
Grief had become revenge.
He
signed it anyway, three days later, in the specific, resigned way that people
sign things when the alternative feels like giving up the last small handle
they have on a situation already mostly out of their hands. He signed it not because he believed the agreement was fair. Not
because Desmond had in any way persuaded him. But because some stubborn, irrational part of
him still thought proximity might become leverage if he remained long enough.
Afterward, Priya said nothing for several seconds.
“You are not weak for doing this Localad,” she said at last. “But I do feel you
are still hoping the contract describes a relationship that no longer exists.”
Localad looked down at his signature.
For the first time in his life, he had finished
writing something and wished he could now take all the words back.
Desmond
called to thank him, sounding relieved in a way that told Localad, without
either of them saying it directly, how close the studio had come to cutting him
out of the process entirely.
"This
doesn't mean you can't have opinions," Desmond said. "It just means
the opinions stay in the room. Not on Twitter, not to reporters, not in
interviews. In the same room, with us, where they can still occasionally do
something special and make a difference."
"How
much longer until it's finished?"
"Post-production
wraps in about four months. Release is scheduled for next spring."
Four
months. Localad hung up the phone and looked out towards the city, the endless glass
and neon lights he still hadn't fully learned to read. He thought about how strange
it was that a story he had once controlled completely; every word, every
choice, every quiet ending he'd been brave enough to finally write down, now
belonged, almost entirely, to people whose names he hadn't even known a year
earlier. And how the only leverage he had left now was a single clause in a contract, that
mostly obligated him to say nothing at all.
Thank you for reading thus far. Click here to read the full story from the beginning. Or here for the start of Act II.
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