Back to the basics: Five W’s for drafting morals clauses

Morals clauses come in all different shapes and sizes. Did you know that we can trace the history of morals clauses back to 1920s Hollywood when movie studios tried to insulate themselves from scandals surrounding actors and their off-screen behaviour by giving them a contractual “out”? Fast-forward to today, where there are now reverse morals clauses, allowing the celebrity/performer to terminate the arrangement if the company is associated in a scandal. With so many options available, it’s best to understand the basics.

In this episode of the Entertainment & Media Law Signal podcast, Bob Tarantino and Caitlin Choi provide you with the Five W’s of drafting morals clauses – What, When, Where, Who, “…and then What” – and discuss a case about a morals clause that went all the way to the Ontario Court of Appeal.

If you would like further information on what makes a good morals clause, read our related blog post, or contact Bob Tarantino or Caitlin Choi.

Dentons · Episode 3: Back to the basics: Five W’s for drafting morals clauses

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About Bob Tarantino

Bob Tarantino is Counsel at Dentons Canada LLP and focuses his practice on the interface between the entertainment industries and intellectual property law, with an emphasis on film and television production, financing, licensing, distribution, and IP acquisition and protection. His clients range from artists and independent producers to Canadian distributors and foreign studios and financiers at every stage of the creative process, from development to delivery and exploitation.

About Caitlin Choi

Caitlin is an associate in the Media, Entertainment and Sports and Corporate groups at Dentons. In her entertainment practice, Caitlin advises clients on the development, financing, production and exploitation of film, television and digital media projects. She is experienced in corporate, production and project financing. She also advises on treaty co-productions and copyright matters. In her corporate practice, Caitlin supports both foreign and domestic clients on a variety of business law matters, including mergers and acquisitions, reorganizations, corporate governance and fund formation. She has experience working with companies in a number of industries, including the music publishing, manufacturing and alcohol sectors.