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ARTICLE · 16 JANUARY 2015

Morals Clauses: Protecting Both Brands

Fox Rothschild LLP
Fox Rothschild LLP
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Many agreements in the entertainment industry contain morals clauses.

United StatesMedia, Telecoms, IT, Entertainment

Many agreements in the entertainment industry contain morals clauses. These are provisions that provide a party with the right to terminate the agreement (and stop paying or even receive a partial refund of money already paid) in the event that any individual violates the provision. Morals clauses are especially important in endorsement agreements, because the brand paying the celebrity endorser is paying for the image of the celebrity at the time of the agreement. For example, if a brand had paid this guy to endorse its products prior to June 17, 2013, on June 18th it woke-up to the news that an accused murderer may have been the face of its brand. Not good.

Morals clauses are often heavily negotiated. For example, an attorney representing the talent may insist that the morals clause may only be triggered if the talent is actually convicted of a felony. The attorney will argue that their client is innocent until proven guilty and should not be punished if they are not

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