Bring back morals clause?

That may be a drastic response to the Mel Gibson outrage - and it may be unrealistic considering that A-list stars won't stand for it. And let's not forget the damage that morals clauses caused during the McCarthy era. It also prevented African-American actors from dating Caucasions. Still, it's a topic sure to get more discussion by studio execs and entertainment lawyers. As pointed out in the Wall Street Journal (subscription required), Disney's decision to still distribute Gibson's next movie, "Apocalypto," was not really a decision at all. The company is contractually obligated to release the film, with little wiggle room. (Perhaps that explains why Disney's top film executive sounded conciliatory earlier in the week.) From the Journal story:

In Hollywood, top attorneys say a morals clause is the first thing they strike out of an actor's contract. One A-list attorney said this week he hadn't laid eyes on one in 20 years. With the balance of power shifting from studios to the stars, actors have the clout to eliminate such restrictive contact language. Says Noah Kressler, the author of a paper on the subject published in the Columbia Journal of Law & the Arts: "it's become very difficult to enforce morals clauses in movies."

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Mark Lacter
Mark Lacter created the LA Biz Observed blog in 2006. He posted until the day before his death on Nov. 13, 2013.
 
Mark Lacter, business writer and editor was 59
The multi-talented Mark Lacter
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