Silencing in the Arts 🤫

Know your rights

This online resource is intended to empower artists and arts workers to understand their rights when it comes to nondisclosure, as a first step in advocating for change.

Please note that this information is for public education and does not constitute legal advice.
What is an NDA?

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Being asked to sign an NDA?

Already signed an NDA?

Coping with workplace power imbalances

Resources

What is an NDA?

A non-disclosure agreement (NDA) is a part of a document that prevents sharing confidential information, such as the agreement itself, its terms, negotiations, or details of the issue being resolved. Unlike settlement discussions, which can’t be used in court, an NDA requires all parties to keep the details private forever, not just during negotiations.

NDAs were originally created in the 1970s to protect trade secrets but are now used in many types of agreements, including those resolving claims of discrimination or harassment. They are often called "confidentiality" or "privacy" agreements to sound less negative, but their purpose is the same: to limit your ability to speak about the matter.

NDAs can appear in broader agreements like those for settling legal claims, employment contracts, or during mediations or investigations. Occasionally, they are listed as a separate document. The language in NDAs varies somewhat, but is frequently a template. You can look for distinguishing words and phrases like "confidentiality/confidential" and “private/privacy" or anything referring to "non-disparagement". Some NDAs are slightly less restrictive than others, but they are always highly restrictive, permanent, and usually written in dense, complex terms. Recognizing common examples can help you identify if you're being asked to sign one.

Learn more

Being asked to sign an NDA?

Many people negotiating workplace complaints, lawsuits, or tribunal applications are being pressured to sign NDAs, even when they don’t want to. They’re often told by opposing lawyers—and sometimes their own—that signing an NDA is necessary to settle and avoid court or a hearing.


Key items to consider before signing:



  • You have the right to decline
    If you're unsure or uncomfortable with the NDA, you have the right to say no. In most cases, the matter will still settle regardless. The only required clause in a settlement agreement is a “release” that says you agree not to take legal action with regard to the complaint now or in the future.


  • You can push back
    NDAs are not required to settle a case, despite the fact that many lawyers now see them as standard. You can challenge this. 

  • You have time to consider and consult
    It’s never a rush. You can request time to consult with others.

 

  • You can negotiate
    You can negotiate having few restrictions on an NDA, such as allowing you to talk to family, friends, health professionals or therapists.

  • You can choose a mediator to negotiate
    You are not required to continue working with the mediator your employee has chosen. Your mediator is meant to properly reflect you and your situation.  

  • You can protect your identity
    Negotiate a one-sided confidentiality clause that keeps your identity private but allows you to share your experience with anyone you choose.

Learn more

Already signed an NDA?

NDAs often require you to keep the details of the agreement and the circumstances surrounding it confidential, typically indefinitely. Even less restrictive NDAs may limit how much of your story you can share and with whom, especially if a settlement has been reached. If the NDA doesn’t mention an expiration date, it means it lasts forever.

If you've signed an NDA and regret it, remember that many NDAs are not enforceable and rely on the fear of retaliation. The other party is unlikely to sue you, as it could bring unwanted publicity, though this isn’t guaranteed.


Key items to consider if you have already signed an nda:



  • Ask for a release
    If you want to be released from an NDA you have signed, you can formally request a release and amendment to the terms of settlement. A draft template can be found here.

  • Tell your lawyer and/or union representative that you are dissatisfied with the NDA
    Help avoid future NDA compromises by communicating how much you resent signing your NDA and/or how much suffering it has caused you.

    Learn more

    Coping with workplace power imbalances

    The following are some strategies for navigating difficult situations within a workplace from a mental health perspective:
    


    • Acknowledge the power imbalance
      Recognize what you can and cannot control.


    • Prioritize your safety
      Leave the environment when it is safe and feasible, securing alternative employment or a temporary safety net if possible.

    • Seek emotional support
      Processing emotions can be overwhelming, especially in powerless situations. Therapy can help you work through workplace trauma.

    • Validate your experience
      Gaslighting can occur in toxic workplaces. Seek support to affirm your understanding of what happened.

    • Find community
      Connect with others who recognize and resist institutional abuse. Share your experiences with trusted people and build supportive networks.

    Resources


    Legal Support:


    Consult with a trusted professional, such as a lawyer, mediator, and/or union representative, to truly understand your rights before signing an NDA.
    Additional Resources
    • Legal resources for artists/arts workers

    Additional Resources


    Mental health Support:


    Consult with a mental health professional to help navigate the emotions associated with a work-related dispute and the inability to speak openly about it.
    Additional Resources
    • Low cost or sliding scale mental health services
    Additional Resources
    Silencing in the Arts is a research project that traces the extent and impact of non-disclosure agreements (NDAs) on the Canadian visual arts sector. The project aims to shed light on the culture of silence that permeates the artworld, and the cycles of abuse, professional misconduct, and censorship that are perpetuated as a result.
    Have you signed, or been asked to sign, a legal agreement that prevents you from speaking about your experience working with a Canadian arts organization? Please consider contributing to vital research through this anonymous survey.

    Take the Survey Now!  
    A Project by Aisle 4

    Funded by the Canada Council for the Arts Sector Innovation & Development Program

    "Shhh" drawings by anonymous artists
    Website Design & Development by Studio Whyte-Gray, 2025.