#morality clause

I'm not gonna pretend to know what goes into a Marvel contract.

My understanding as a non-lawyer is that in order for a morality clause to be enforceable, it has to be specific and follow fair employment practices. Sometime's it's just a boilerplate warning to act right in public.

Specific provisions that can be grounds for termination often fall into the following categories:

Criminal Conduct: charge, arrest or indictment of any crime involving violence, sexual misconduct or child abuse. Felony conviction or guilty plea, expulsion or suspension from a league or organization through private investigation Substance Use: Public intoxication, DUI, use or possession of controlled substances without a prescription, banned performance enhancing drugs (applies to athletes) Social Media Use: don't disparage the company, engage in harassment or bullying, post or endorse content that is considered racist, obscene, etc depending on the company's values.

Less common and more controversial provisions I've encountered:

No political speech: the 1st amendment does not prevent private entities from limiting free speech, but in order to not be discriminatory it has to ban a topic across the board. For example, a music festival (in the US) can't ban artists from demonstrating support for Palestine if they allow others to voice support for Israel. All statements, gestures or displays regarding the war in Gaza would be prohibited.

SAG-AFTRA and the state of California offer some protections for workers subject to political retaliation. But I think those are voided in a contract like this?? (Still not a lawyer. Idk if this is correct.)

Sexually Explicit Material: no creating, distributing, promoting pornography or adult-themed content. Sometimes this might even stipulate no nudity in any medium, whether paid or unpaid.

Image Rights is completely different and is about who owns the photographic image and likeness of an artist and can use it on album covers, posters etc.

A morality clause allows the label to fire the artist if they are found guilty of commiting serious crimes.

Nothing about an 'image clause' anywhere!

TMZ has a story about RCA/Sony putting R.Kelly’s new music on hold for now as the fallout continues to reign down from the Lifetime Docu-series Surviving R Kelly.  Kelly was in the studio working on his newest album. 

According to TMZ:  

RCA/Sony is in a tough spot -- they can read the tea leaves and know they will have hell to pay in terms of PR if they release R. Kelly's songs in the wake of the growing #MuteRKelly movement.

On the other hand, the label has a deal with R. Kelly, and if they formally walk away from him now without any criminal charges to justify ending the contract ... they could be sued. We don't know if there's a "morals clause" in R. Kelly's contract ... which would allow the label to give him the boot for crossing the line.”

I point this out because it describes the proper way that a moral’s clause is used. morality clause’s allow companies to ascribe certain actions such as termination or suspension if the employee (usually actors, athletes and singers) behaves in a manner that falls within the contract parameters of immoral behavior including e.g. illegal behaviors, certain sex acts, and drugs. 

Morality clauses can define improper behavior with a wide definition 

"If at any time, in the opinion of Sponsor, Athlete becomes the subject of public disrepute, contempt, or scandal that affects Athlete's image or goodwill, then Company may, upon written notice to Athlete, immediately suspend or terminate this Endorsement Agreement and Athlete's services hereunder, in addition to any other rights and remedies that Sponsor may have hereunder or at law or in equity." (X)

or it can be more specific 

“If at any time during the Term Athlete is convicted of a felony or pleads guilty or 'no contest' to a felony, then Company may, upon written notice to Athlete, suspend or terminate this Agreement and Athlete's services hereunder, in addition to any other rights and remedies that Sponsor may have hereunder or at law or in equity." (X)

In R.Kelly’s situation, a morality clause that covered ambiguous immoral behaviors or more specifically, sleeping with underage girls, would potentially allow RCA/Sony to end their contract without paying out for the final two albums on R.Kelly’s contract. Without a morality clause, they are more likely to be on the hook until there is a conviction. Now let’s be real, there will likely be a conviction, we have all known for decades that R.Kelly has behaved immorally and illegally when it comes to young girls. He has been a pedophile at least since he married 15-yo Aaliyah, in 1994. 

To all the CCerrs who claim that Darren signed a morality clause back in 2010 which keeps him deeply in the closet there are many reasons we know this is simply not true. The biggest reason is that this isn’t how majority clauses work. Morality clauses as I described above, are used to give the studio power in the event the actor breaks the clause- it gives them the ability to end or curtail their professional relationship. It doesn’t allow a studio to control perfectly legal behavior. Certain sex acts can be included in the list of topics covered in many morality clauses-see R.Kelly. We all know that being out of the closet isn’t about sex. It is about one’s sexual identity. Since the SCOTUS ruling on gay married, same-sex love is no longer immoral in the eye of the courts, making it impossible for a studio to uphold such a clause. 

But there are other reasons: 

Glee ended 4 years ago and with it, his contract and any morality clauses that were signed. Studios haven’t paid actors to remain under contract between projects since the 1960′s.

CA law allows employment contracts to extend no longer than 7 years. 

If Darren was under contract with a morality clause that kept him in the closet, he would have all of the power. In this age of #MeToo all it would take is a call to the incredible Ronan Farrow, and Darren would have FoxStudio begging for mercy. The PR fallout would be brutal.

Same for Ryan Murphy except Ryan has spent his life creating safe place for queer actors and creative types to tell queer stories. His life’s work would be destroyed if that kind of story came out giving Darren unbelievable power in this scenario. 

Anon, your ignorance is astounding.  Wow.  

A little quote from Stranger than Fanfiction. Chapter 1

“Unfortunately, your definition of youth is a breach of contract,” one of the male executives said. “You and your representation agreed to the studio’s morality clause when you were hired, and then again during renegotiations in the sixth season. If your behavior doesn’t change, we’ll be forced to take legal action.”

Morality Clause.  Something Chris is so affected by he even slipped a reference into TLOS6, Chapter 17  

“I’m more than willing to break some morality clauses if it means saving the world,” Charlotte said. “Who’s got a pen?”

Another quote from Stranger, Chapter 15 that further explains the concept:

“Look, you’re right, I don’t know what it’s like to be in your shoes,” he said. “I’ve had people telling me what to do my whole life, too, so I sympathize with you. But you aren’t under a studio contract! You don’t have legal obligations to a network! No one is going to sue you for everything you have if you don’t follow their orders! Your world is as open and free as this road—you just don’t see it!”

What is a morality clause?

A legal agreement to abstain from certain behaviors that would risk the reputation of an employer or sponsor. (They can also be included in custody agreements post divorce.)

Examples?

The language can be specific like not being photographed with an illegal substance, or vague like not attracting “disrepute.”

As PR professionals, part of our job is making sure clients remain in compliance of these agreements, as well as perceived as low-risk candidates for future partnerships.

What happens when a client violates a morality clause?

There is often a review and/or appeal period before a contract is terminated. During this time publicists can work with their client and their representatives to improve their reputation and renegotiate terms. This can look like anything from a public apology, recruiting public supporters, rehabilitation, or good old fashion spin.