The following is a list of frequently asked questions on the NDA signed with Netflix.

General
1. Can linguists see a version of the NDA in simplified language to better
understand the terms that they have agreed to? Can NDAs be translated into
their native language by a legal translator?
a. Answer: Having the NDA in their native language would be ideal.
With regard to making it more understandable, perhaps we can first
provide notes on the legal language, and then gauge. This is
because the NDA has been crafted to be consistent across the
company, and a change may involve a change at a company-wide
level.

2. What intellectual rights do linguists have (if any) over their work?
a. Answer: The vendors are the appropriate source for this. While
Netflix is staying abreast of the rights afforded linguists, the best
source of information would come from their vendor.

Section Specific Questions
Section 1. Netflix Confidential Information
1. Can I ask online (online forums, social media, blog posts, etc.) about how
to translate a particular line of speech?
a. Answer: No, because the line of speech is a scripted phrase that is
Netflix's intellectual property.

2. Can I discuss/ provide feedback on specific issues with the other linguist
assigned to work on the task? Can the author and QCer arbitrate the
issues?
a. Answer: This should be escalated/managed via your DTT vendor.
i. If both author and QCer are managed by the same DTT
vendor:
1. 1) there is not a conflict with the particular workflow
established by the relevant Netflix personnel, and 2)
as long as all parties have been given equal access to
the same materials, the linguist and QCer may discuss
the issues and arbitrate the issues via their vendor

ii. If author and QCer are managed by different DTT vendors
1. As stated above, this should be escalated to your
vendor. Your vendor will manage directly with
Netflix/impacted vendors.

Section 2. Non-Use and Nondisclosure / 3. Maintenance of Confidentiality
1. Linguists should not discuss or reach out to Netflix directly about their
work/shows other than Zendesk tickets. There are projects that need
immediate action, especially rush projects, and deadlines draw closer
while responses are pending. Is this reason enough to allow direct contact
with client PMs (with the vendor looped in)?
a. Answer: Zendesk is a clean method of communication that includes
the necessary parties. In the instance of rush projects, you may
reach out to your vendor directly (if you don’t get a response in
Zendesk) to escalate the issue. The Vendor should always be the
first point of contact if communication is happening outside of a
designated Netflix tool, and should be ready to communicate and
handle a rush situation. If that is not the case, then the Vendor and
Netflix will evaluate and find a solution.

2. Is it okay for a linguist to ask for client feedback (WWA) [Would Work
Again] on an [external translator review site] from a vendor
representative?
a. Answer: The important distinction to remember is that the linguist
is working for the Vendor, so any feedback on performance should
be directed to the Vendor. The Vendor may ask for feedback from
Netflix, but this is generally not on a resource-by-resource basis.

Section 4. Public Representations
1. Could I disclose [publicly, on my resume] that I work for [vendor] and
translate subtitles for [specific titles on] Netflix?
a. Answer: You may publicly disclose that you work for the Vendor.
Adding the relevant titles for Netflix requires vendor
permission/confirmation and the show to be launched on the Netflix
service. Permission is best obtained by asking the vendor to get a
final approval for title credit on your resume upon launch.

2. Could I disclose [publicly, on my resume] what shows I've worked on since
my name is already listed in the translator's credit at the end of each title?
a. Answer: You may publicly disclose that you work for the Vendor.
Adding the relevant titles for Netflix requires vendor
permission/confirmation and the show to be launched on the Netflix
service. Permission is best obtained by asking the vendor to get a
final approval for title credit on your resume upon launch.

3. If someone contacts me because my name is in the subtitle file, can I admit
that it was me who translated the title?
a. Answer: Yes
4. Can I share excerpts from content I've subtitled [publicly, on my resume]
that is already live?
a. Answer: Generally, no as excerpts are a part of the work product of
a show, which is ultimately owned by Netflix. If there is a compelling
need, please contact your Vendor and they can reach out to explain
the special circumstances or need.

5. Could I disclose [publicly, on my resume] that I work for [vendor] without
necessarily mentioning any work completed for Netflix? Can I disclose that
Netflix is a client of [vendor]?
a. Answer: You may publicly disclose that you work for the Vendor.
You may not publicly disclose that Netflix is a client of Vendor
unless express permission is given in writing (email ok) by Netflix to
the Vendor.

6. What is supposed to be in the ‘public domain’ (rate info, contract partner)?
Can Netflix state this in the NDA?
a. Answer: The determination of what is in the "public domain" is a
legal determination based upon the copyright laws of the country in
which the work was created, or in some cases the domicile of the
author. As a rule of thumb, many countries designate a copyright
from the "life of the author + 70 years" after which the work may
either be renewed or go into the public domain.

Section 5. Return of Materials
1. What does ‘return’ really mean, in the sense of ever owning or controlling
your material? Since most work is done in Originator, the explanation
around return of materials is unclear.
a. Answer: Return of materials is only relevant if the linguist has kept
materials or a copy of the materials. The rule of thumb is that the
linguist should not end an assignment with any materials or copies,
etc. All materials and work used to complete the task or assignment
should be "returned" (whether digitally, or otherwise) to Netflix.
2. How can I prove that I have destroyed all copies of documents and other
materials that contain or embody any Netflix Confidential information?
a. Answer: We take your word for it because you have represented
and warranted under the NDA that you will do so, and if it is
discovered that this is not the case, then there is a cause of action

for breach of the NDA.

Section 7. No Obligation
1. Linguists are unclear about this section and what transactions this refers
to.
a. Answer: The "No Obligation" clause is intended to express that
Netflix can decide whether or not to use the work that has been
done (despite paying for it). It is broadly written as "proceed with
any transaction" because the NDA is usually given to people very
early in the process and either party may decide they don't want to
move forward before a more formal agreement is made.

Section 9. Term
1. Please elaborate on ‘confidentiality continuing for a period of two (2) years
following disclosure of such Netflix Confidential Information’. Some
linguists relate the information in this one back to Section 4.
a. Answer: Bear in mind that Netflix can give permission for disclosure
to the Vendor (like titles on which a vendor or linguist has worked)
prior to the 2 year mark. The key is asking the Vendor to ask Netflix
for permission.

Section 11. Export
1. How would linguists export something that they’ve never really had? What
information could even be exported?
a. Answer: Information and services may, in certain cases, be subject
to export controls, so that is another reason we need to keep all
information confidential.

Section 12. Governing Law and Venue / 13. Injunctive Relief
1. How do different countries’ laws legally affect the action that Netflix can
take?
a. Answer: The NDA is under California law with the US, and that
means that all terms and conditions referenced in the NDA are to be
construed under the interpretation of US law. For example, when
determining what constitutes a breach of the promises exchanged
in the NDA, Californina law would govern. If it is a question of
copyright, which is a federal issue, US law would govern.

2. What does 'temporary and permanent injunctive relief’ mean, and can you
explain in generally simpler terms the steps that Netflix can take, for the
purposes of those that may be unfamiliar with (US) legal terminology?

a. Answer: "Injunctive relief" (whether temporary / permanent) is a
legal remedy which generally requires a party to stop doing
something (such as sharing confidential information) or actively do
something (such as return materials) because it causes harm to the
other party (i.e a linguist leaking the characters and plot of the next
hit show). Both parties can take steps to avoid this by adhering to
the terms of the NDA, and being vigilant about the handling, use,
and transmission of Confidential Information.