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.