Morality Clause Agreement

Apr
2021
10

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Despite differences of opinion on morality in different sectors, public opinion has focused more on comments than on measures. Comments that are homophobic, racist, anti-Semitic or sympathetic to terrorism have provoked strong public reactions. For example, after admitting that racist schemes had been used in a depot, The Food Network brought down chef Paula Deen and a host of sponsors. [191] Deens`s image has not yet recovered from the incident, and it recently sparked a new controversy for a racist social media post. [192] Meanwhile, offensive public actions seem to have much less impact. Lindsay Lohan, infamous for her drug use, car accidents and arrests for driving under the influence, has taken his controversial image by campaigning for car insurance during the Superbowl. [193] Similarly, the public was largely ambivalent toward Florida state quarterback Jameis Winston, despite public accusations of rape against him. In fact, most of the news around the NFL is hopefully focusing on the “risk” of conceiving it rather than disapproving of its actions. [194] [165] Oliver Herzfeld, Why Jay-Z and Other Talent Should Seek Morals Clause Mutuality, Forbes (January 2, 2014, 9:24 a.m.), www.forbes.com/sites/oliverherzfeld/2014/01/02/why-jay-z-and-other-talent-should-seek-morals-clause-mutuality. Although Boone`s reverse moral clauses date back to the 1960s, they have become more relevant due to the financial instability of recent years. The Enron case is a compelling example of the need for reverse moral clauses in some cases.

In 1999, Enron signed a 30-year contract with the Houston Astros to call the team`s new Ballpark Enron Field. [160] Two years later, “Enron filed the largest bankruptcy in American history. [s]ince, the word `Enron` has been integrated into the national psyche and lexicon as an icon of the company and the perpetuation of a Ponzi scheme in the public. [161] As many Astros fans had lost their jobs as a result of the Enron scandal, the Astros spent the next two months buying the balance of the contract for more than $2 million to remove Enron`s name from the stadium. [162] Although the Astros have secured a new naming rights sponsor, Minute Maid, this change has caused further financial damage, as naming rights decrease with rebranding. [163] The television, film, athletics and post-D advertising industries contain moral clauses in talent contracts. [9] Several other high-level disputes over the contractual moralization clauses of television stars have dominated the news in recent years. The most important is Charlie Sheen, who was fired by WBTV from his television show “Two and a Half Men” after behaving erratically and publicly mocking the show`s executive producer, Chuck Lorre. [74] He challenged his resignation in a $100 million lawsuit[75] This behavior is a classic example of what might fall under a traditional moral clause; Sheen`s contract, however, did not have a traditional moral clause. [76] The “moral turpitude clause” of his contract essentially required a felony conviction before the information could be triggered, making the trial more complex. [77] Subsequently, WBTV instead invoked the force majeure clause in the contract, citing Sheen`s incapacity as a reason for termination. [78] The parties finally disclosed the matter. [79] Another example of a high-level dispute occurred when Mel Gibson made anti-Semitic remarks during an arrest for drunken driving and abc terminated his contract for his Holocaust miniseries.

[80] A recent example is the increase in accusations of sexual misconduct that Bill Cosby faces and the great media attention he has received, which has led NBC and Netflix to put on hold planned collaborations with him. [81] While Cosby`s situation does not appear to be a case involving a moral clause, it has an interesting impact on the value and image of Cosby`s legacy as America`s favorite father, Heathcliff Huxtable. [82] Moral clauses can be