On Mon, Oct 14, 2019 at 8:58 AM Adam Bowie <a...@adambowie.co.uk> wrote:

> Like most, I've never heard of anyone signing an NDA to see any kind of
> entertainment.
>
> When I used to get to see the odd preview movie screening via work, they
> would occasionally take our phones from us for the screening, or get us to
> sign something to say that we'd basically not make public comment on the
> film until a certain date (which I think continues to be fairly standard
> practice). But that's a work environment, and so is broadly acceptable. I
> suspect they make you do similar if you're invited to a test screening.
>
> In a consumer environment, where I'm paying, this is ridiculous. I
> wouldn't buy a ticket if I couldn't say what I wanted. I've no problem with
> clamping down on cellphone use, using either those pouches, stern warnings
> or whatever. But signing a [potentially] legally enforceable document to
> get in a venue? No thanks.
>
> In fact I'd be much more inclined to widely share whatever took place as a
> consequence. And it's never a good look suing your own fans.
> <https://groups.google.com/d/msgid/tvornottv/CAD_sJGAdQGXU_ERYAYicjYYCD0nXkv0BW0J2rCXANySsZFXFPQ%40mail.gmail.com?utm_medium=email&utm_source=footer>
>

The reason I say an NDA is unenforceable is that the ticket buyer does not
sign one. The contract between the buyer and the performer is the buyer
gives money and the performer gives permission to enter. Then the performer
adds an unagreed to clause suppressing speech. If an NDA was on the tickets
page of the website and you had to agree to those terms before you could
buy a ticket it would be a different matter. And one that would keep me
from buying a ticket.

Professional media has an embargo. If a media person wants to interview a
writer, the publisher might ask for an embargo, meaning that the interview
won't be published until the book is out. If the media outlet breaks the
embargo the enforcement is simple - the publisher cuts out that outlet from
future participation.

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