There was a bizarre story that erupted in the publishing industry earlier this year about Filippo Bernardini, an Italian citizen and former publishing employee who “stole” over 1,000 unpublished manuscripts by impersonating real publishing editors.

This wasn’t just smaller, unknown authors either – although he did rouse them as well – but even big-time authors like Margaret Atwood and Sally Rooney got duped.

I use the word “stole” in quotations marks because, technically, nothing was stolen. Bernardini would impersonate editors or agents in the industry (using fake emails but real names and photos) and receive these writers’ manuscripts, yet strangely enough he never published them, posted them online, or made any profit off them. The only theft he’s being indicted for is identity theft.

Learn more about the Bernardini incident here.

Supposedly, the reason Bernardini did this was because of his love for reading. He used to work in the industry, and when an internship he took on didn’t pan into a full-time job, he was longing for a way to still feel like he was connected to the world of publishing.

In an odd enough way, I sort of get it. Since my time writing, researching, and participating in helping authors get their books published, it does feel gratifying bouncing around between different professionals in the industry all for the sake of helping authors achieve their dream. You feel like you’re a part of something bigger than yourself.

Would I have gone about it in the same way? No, there is a googolplex of laws out there protecting an author’s manuscript, as it is their intellectual property.

This is why publishers and agencies hire lawyers to give counsel on contract law and how to go about publishing deals where there are so many antiquated channels of communication where unpublished property is shared.

It’s also why agents and publishers are subject to audits and transparency transactions.

And it’s also why agents and publishers sign contracts in the first place. They are signing for the exclusive right to publish your work for profit.

And it’s also why agents and publishers sign NDAs.

NDA stands for “non-disclosure agreement” and is a legally binding contract between two or more parties that disallows the disclosure of confidential or proprietary information shared between them (in this case, an author or artist’s intellectual property).

Although typically, it is the publisher or agency which asks the author to sign an NDA to keep contractual and publication details under wraps until further notice. But the author can also propose these agreements in the case of protecting the details of their manuscript.

The same goes for screenplays too. I had a concall with a producer the other day swearing to us he wouldn’t use the ideas in a screenplay he rejected in an upcoming film he was working on. We took his word for it, but he didn’t hesitate to mention “this is why people sign NDAs” during the call.

When querying and acquiring between authors, editors, and agents, critical information is shared during this time where manuscripts, synopses, contracts, and so forth are exchanged between all three. It’s an antiquated system, and one that most heavily relies on trust.

Because of this, when trust is for whatever reason in question, these agreements secure the right to exclusive access of these documents and violating them can result in legal action.

While in the Bernardini case, no manuscripts or critical info were disclosed, but it did reveal the fatal flaw of the publishing industry and revealed the unforeseen risks.

Authors need to be careful of who they are sending their manuscripts to. Double check emails, double check encryptions, and considering proposing an NDA before contracting with an agent or editor. In the entertainment industry at large, it is always better to be safe than sorry.