Author Topic: 'Duck Dynasty' exclusive news: Phil Robertson's contract is not with A&E  (Read 818 times)

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Offline Rapunzel

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http://www.examiner.com/article/duck-dynasty-exclusive-news-phil-robertson-s-contract-is-not-with-a-e


'Duck Dynasty' exclusive news: Phil Robertson's contract is not with A&E


'Duck Dynasty' star Phil Robertson faced media backlash after he was quoted in a GQ article saying homosexuality is a 'sin' and compared it to bestiality. As John Basedow (@JohnBasedow) reports, A&E suspended the bearded duck-calling mogul from the...

December 22, 2013

There has been a lot of talk about Phil Robertson being suspended by A&E, but in an exclusive interview today Examiner found out that his contract isn't even really with the network.

Who is Phil actually contracted with? Is his boss A&E Network?

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Phil has a contract with gurney productions then once the show is filmed it is sold to the network A&E who then sells advertisement spots on the show depending on its ratings!! So A&E actually has no contract with the cast only the production company !!


Can A&E really control what Phil says during an interview with GQ?

   
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The only thing a network can do is tell the production company who they want the talent to interview with NOT WHAT TO SAY Since we live in a country of freedom of speech that would be illegal!!!


So Gurney Productions is the only one who can really fire Phil Robertson?

    What A&E did was call Phil's company gurney productions and tell them not to work with him... 

    Phil is so down to earth he doesn't even care!!! He knows the production company & network need him more than he needs them as he has everything he needs without the cameras and since it's his family that draws in 12+ million viewers a week I would say it's a lose lose for the production company and network !!! However I wish someone in reality TV would invest a little money in crushing some of these Los Angeles producers who really are bullies.

“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline happyg

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Re: 'Duck Dynasty' exclusive news: Phil Robertson's contract is not with A&E
« Reply #1 on: December 23, 2013, 05:00:45 PM »
Quote
    Phil is so down to earth he doesn't even care!!! He knows the production company & network need him more than he needs them as he has everything he needs without the cameras and since it's his family that draws in 12+ million viewers a week I would say it's a lose lose for the production company and network !!! However I wish someone in reality TV would invest a little money in crushing some of these Los Angeles producers who really are bullies.

I stayed off that other thread, that, to me, a few were merely trying to win the debate, and missing the issue. I seldom watch DD, but stand by Phil, not because I think he is so wonderful, but because he is a symbol of what is wrong in America. My distress is not about him, nor his show being cancelled. That part is capitalism. My anger comes from the attack on religion and deeply held beliefs that are being censored. No one can change Phil's mind about homosexuality, but they are trying to change his saying what is on his mind. The pc crowd is trying to force Christianity and/or the beliefs taught in the Bible underground.

In this "anything goes" society, anything goes but our First Amendment rights of free speech, when it pertains to the Bible. For me, it is that simple, and I can't figure out why there is all the debating over what a man believes, over what he does.

Offline Rapunzel

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Re: 'Duck Dynasty' exclusive news: Phil Robertson's contract is not with A&E
« Reply #2 on: December 23, 2013, 05:32:02 PM »
I stayed off that other thread, that, to me, a few were merely trying to win the debate, and missing the issue. I seldom watch DD, but stand by Phil, not because I think he is so wonderful, but because he is a symbol of what is wrong in America. My distress is not about him, nor his show being cancelled. That part is capitalism. My anger comes from the attack on religion and deeply held beliefs that are being censored. No one can change Phil's mind about homosexuality, but they are trying to change his saying what is on his mind. The pc crowd is trying to force Christianity and/or the beliefs taught in the Bible underground.

In this "anything goes" society, anything goes but our First Amendment rights of free speech, when it pertains to the Bible. For me, it is that simple, and I can't figure out why there is all the debating over what a man believes, over what he does.


 :thumbsup3:
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline Oceander

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Re: 'Duck Dynasty' exclusive news: Phil Robertson's contract is not with A&E
« Reply #3 on: December 23, 2013, 06:32:35 PM »
Well, for the uninitiated, this merely makes the dance between A&E and Robertson a two-step dance instead of a one-step dance.  Gurney Productions (owned by Scott Gurney) most likely created the concept for the show, signed Robertson (and the other cast) to employment agreements, filmed a pilot episode or two, and then took them on the road to see if they could sell the show to someone.  In this case, A&E bit and agreed to buy the show.  A&E and Gurney Productions would then have entered into their own agreement governing the production, transfer, and distribution of the show (at the least; there may have been other issues that were addressed in the contract).

Now, in terms of morals clauses: (1) unless Gurney Productions is a neophyte startup run by someone who's never done production and not had proper legal advice, there is a morals clause in the contract between Gurney Productions and Robertson that gives Gurney the discretion to terminate Robertson for the sort of conduct that is usually covered in morals clauses, and would include conduct that any third party purchaser of Duck Dynasty objected to, and (2) there is almost certainly a morals clause in the agreement between Gurney and A&E under which Gurney agrees to remove from Duck Dynasty any cast member whose conduct falls under that clause, as determined in the sole discretion of A&E (there might also be some other tempering language, so that A&E cannot simply act arbitrarily and capriciously - i.e., a form of good-faith provision).

Under a two-step arrangement like that, once A&E decided that Robertson's conduct was objectionable, it would have exercised its rights under its agreement with Gurney Productions to demand that Gurney remove Robertson from the Duck Dynasty show - to put him on "hiatus" - and Gurney, in turn, would have exercised its rights under its agreement with Robertson to remove Robertson from Duck Dynasty because his conduct violated the morals clause.  As for whether Robertson continues to get paid by Gurney Productions even though he's on hiatus, that depends on the relative bargaining strength of the parties when they originally drew up Robertson's employment agreement.  My guess is that since Robertson was an unknown before Duck Dynasty Gurney was able to get language into the employment agreement that gives them the discretion to stop paying Robertson if he's removed from the show because of a violation of the morals clause.

At the end of the day, Robertson was forced from the Duck Dynasty show because A&E objected to his conduct and had the necessary power under the relevant morals clauses to legally force him off the show.

Offline mountaineer

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Re: 'Duck Dynasty' exclusive news: Phil Robertson's contract is not with A&E
« Reply #4 on: December 23, 2013, 06:39:12 PM »
Perhaps all those insisting A&E was his employer and therefore could tell him what to do should edit their comments, if only to be technically correct.
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Offline Oceander

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Re: 'Duck Dynasty' exclusive news: Phil Robertson's contract is not with A&E
« Reply #5 on: December 23, 2013, 06:44:53 PM »
Perhaps all those insisting A&E was his employer and therefore could tell him what to do should edit their comments, if only to be technically correct.

Why?  They almost certainly had the ultimate power to say what his duties were on the show and to say whether he could stay or go; that fits the definition of an "employer" fairly well.

Online EC

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Re: 'Duck Dynasty' exclusive news: Phil Robertson's contract is not with A&E
« Reply #6 on: December 23, 2013, 07:13:09 PM »
Why?  They almost certainly had the ultimate power to say what his duties were on the show and to say whether he could stay or go; that fits the definition of an "employer" fairly well.

It can get more complex than that.

You can have 2 to 12 layers of people who can tell you to sling your hook, and who will do on the slightest provocation. There is a reason I never mention the stuff I am working on for others at any time. Not only do I sign a confo agreement, but any and all of my regular social media accounts, including forums, is required to be disclosed in advance.

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Offline Oceander

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Re: 'Duck Dynasty' exclusive news: Phil Robertson's contract is not with A&E
« Reply #7 on: December 23, 2013, 07:20:37 PM »
It can get more complex than that.

You can have 2 to 12 layers of people who can tell you to sling your hook, and who will do on the slightest provocation. There is a reason I never mention the stuff I am working on for others at any time. Not only do I sign a confo agreement, but any and all of my regular social media accounts, including forums, is required to be disclosed in advance.



Of course.  At the very least Robertson will have a nondisparagement clause in his contract, as will Gurney Productions.

Offline Rapunzel

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Re: 'Duck Dynasty' exclusive news: Phil Robertson's contract is not with A&E
« Reply #8 on: December 23, 2013, 09:20:46 PM »
Everything else aside - since when is quoting scripture immoral.............. :shrug: if it walks like a duck and quacks like a duck it is a duck and the bible in both old and new testament is very clear on the matter.
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776


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