품위유지조항에 관한 고찰 - 미국의 광고모델계약을 중심으로 -
Moral Clauses in Endorsement Agreements - Understanding the U.S. Approach to Its Use -
김은실(사법연수원)
18권 1호, 309~336쪽
초록
The use of moral clause in the U.S. first dates back as early as the 1920s. During the years, the clause has been substantially used in different context, as a political censor mechanism and to control immoral conducts of employees. Moral clauses are used in various types of contracts such as talent agreements,endorsement contracts, and general employment contracts as well. Now the prevalent norm in many talent agreements, moral clause in context of talent agreements, is a powerful mechanism that grants the contracting company a unilateral right to terminate the talent agreement. In some cases, the contracting company is permitted to take punitive action against the individual as well. This unilateral right granted to the contracting company is triggered when the individual engages in conduct or behavior that may negatively impact the public image of the company. Furthermore, the determination of whether the individual has engaged in a negative manner is primarily dependant on the company's discretion. One of the main legal issues that arise in talent agreements is the powerful mechanism of moral clauses. In talent agreements, the contracting party and the individual, which in most cases are talents, have unequal powers in general. Though the parties may appear as equals, the moral clause is a powerful mechanism for the contracting company to terminate the contract. Thus, it makes the enforcement of the contract is far easier for the contracting party, and nearly impossible for the individual. Primarily focusing on moral clauses used in context of talent agreements, the aim of this paper is to address the legal issues of moral clauses. The paper first discusses various types of contracts, along with distinctive features of talent agreements. Next, in Chapter Ⅱ, a background of the general use of moral clauses are discussed. In Chapter Ⅳ, a more detailed look at the moral clause in terms of the risks and legal issues that permeate most talent agreements are set out in the discussion.
Abstract
The use of moral clause in the U.S. first dates back as early as the 1920s. During the years, the clause has been substantially used in different context, as a political censor mechanism and to control immoral conducts of employees. Moral clauses are used in various types of contracts such as talent agreements,endorsement contracts, and general employment contracts as well. Now the prevalent norm in many talent agreements, moral clause in context of talent agreements, is a powerful mechanism that grants the contracting company a unilateral right to terminate the talent agreement. In some cases, the contracting company is permitted to take punitive action against the individual as well. This unilateral right granted to the contracting company is triggered when the individual engages in conduct or behavior that may negatively impact the public image of the company. Furthermore, the determination of whether the individual has engaged in a negative manner is primarily dependant on the company's discretion. One of the main legal issues that arise in talent agreements is the powerful mechanism of moral clauses. In talent agreements, the contracting party and the individual, which in most cases are talents, have unequal powers in general. Though the parties may appear as equals, the moral clause is a powerful mechanism for the contracting company to terminate the contract. Thus, it makes the enforcement of the contract is far easier for the contracting party, and nearly impossible for the individual. Primarily focusing on moral clauses used in context of talent agreements, the aim of this paper is to address the legal issues of moral clauses. The paper first discusses various types of contracts, along with distinctive features of talent agreements. Next, in Chapter Ⅱ, a background of the general use of moral clauses are discussed. In Chapter Ⅳ, a more detailed look at the moral clause in terms of the risks and legal issues that permeate most talent agreements are set out in the discussion.
- 발행기관:
- 한국사법학회
- 분류:
- 법학