And I thought the 13th Amendment eliminated this sort of thing ;)

My knowledge of law comes from The People's Court, but is there such a thing as an "unreasonable contract"? In other words, a contract so outrageous that its not legally binding?

I can't belive they signed that... I wonder if they did not read it or were that desperate...

Involuntary servitude Paul. It's perfectly legal for someone to sign their life away as long as they do it of their own accord.

Perfectly legal, but the situation certainly seems coercive to me: if you wish to participate, then you will sign this as is, period.

WOW. So just how much do Kelly get in her pocket?

I thought slavery was illegal in this country.

Coercive? How? No one held a gun to the head of Kelly Clarkson -- or any other American Idol participant, for that matter -- and said "sign this, or else." Ms. Clarkson was perfectly free to remain waiting tables in Texas. The other participants were perfectly free to do whatever it was they were doing before they signed on to the show.

Neither Fox nor 19 Ltd. has any obligation to negotiate against itself. Why should they? Even with an onerous contract such as this one, they had an ample supply of contestants perfectly willing to accept possible future restrictions in return for a shot at fame. Caveat emptor.

I did not see anything that indicated the length of contract. Wouldn't she be able to go independent upon completion of the contract? At any rate, she stands to make a great deal of money for her efforts. That is if her voice can withstand the pressure

The thing about this is that this is essencially the same thing that any artist signs when they join a major label. The people with the money are the ones that get to call the shots, right from the get-go.

wow...what else can be said. i think someone should chronicle all this into a book and that should be reading for someone looking to get into the music biz.

This is a terrible price to have to pay for fame for a newcomer. It is hard to say 'Poor Kelly' but $1400 is not exactly 'rich'. The 19 Company should be ashamed of itself for taking such a terrible advantage of this young person.

I believe it was a contract such as this that caused first the Backstreet Boys and then 'NSync to sue Lou Pearlman to be released from their contracts. Lou is the "star maker" from Orlando who created both of those boy bands and created "Making the Band" for TV, which then gave us another boy band, O-Town, who I believe have since signed with Clive Davis. I'd like to hear what Mr. Davis has to say about these "slavery" contracts. But hopefully Simon Fuller and 19 Productions will make their profit off of Kelly and Tamyra (who they signed the day after she was booted off the show) and then let them go to more amenable management. It's a foot in the door for these talented kids who might never get heard otherwise. Hopefully when Sean Combs (Puffy, P. Diddy, Puff Daddy, or whatever his name is these days) does his "Making the Band" this Fall on MTV, his contract will be a bit more artist-friendly. But then again.....business is business and we are a free and capitalist country, aren't we? >^,,^<

"may reveal and/or relate information about me of a personal, private, intimate. surprising, defamatory, disparaging, embarrassing or unfavorable nature, that may be factual and/or fictional"

This part is interesting because it would appear they can say whatever they damn well please in marketing Kelly AND justin..for example,..if they think it would sell records to have kelly and justin in an affair..then they can claim that is what is happening even if not.

How long is this contract? For the rest of her life if they deem it to be the case?

Yup, the contract grants them the right to make up lies about the contestants. It also allows them to video tape the contestants any time they want, any where they want, even if they would have a reasonable expectation of privacy and even if they do not know they are being taped.

As for the length, I'm not a lawyer, but this part seems to say it lasts forever:

I hereby grant to Producer the unconditional right throughout the universe in perpetuity to use, simulate or portray (and to authorize others to do so) or to refrain from using, simulating or portraying, my name, likeness (whether photographic or otherwise), voice, singing voice, personality, personal identification or personal experiences, my life story, biographical data, incidents, situations and events which heretofore occurred or hereafter occur, including without limitation the right to use, or to authorize others to use any of the foregoing in or in connection with the Series (or any episode or portion thereof) and the advertising, promoting or publicizing of the Series or any Series episode by Producer, the Network, its operations, activities or programming services and with any merchandise, tie-in, sponsor, product, or service of any kind by Producer, the Network, or any of its programming services, and in any other manner whatsoever as Producer may elect in its sole discretion.

I wouldn't assume all the judges had access to, or were provided the content of the contract between 19 and the contestants.I have a clear understanding that Ms. Abdul and Mr. Jackson have no ties to 19 other than their own contract between them to "judge" in the compition.I do not know Mr.Cowell's official tie to 19. There are many unconfirmed rumors It would be inappropriate to speculate.

How much did Kelly really make for being the winner. Do they pay for all 10 finals air fare and motels when they go for their tours?

Insanity - really. What are these contestants thinking? With the publicity they managed to attract, they probably could have gotten more reasonable, less demeaning contracts even before they made the final ten. Kelly, among the other nine, have basically just sold their souls away; they really no longer have the right to privacy, protection from defamation of character or other such offenses. Do they realize that they've just sold away their lives just for a chance with showbiz?

While I don't have any warm fuzzies for lawyers in general or entertainment lawyers specifically, I can say that they are only doing what they do best. The only real thing that comes to mind when reading the terms of Kelly Clarkson is... well, when you make a deal with the devil, you end up in hell.

WoW..! Poor Kelly and the other 9 ..!

Kelly is fucked!!!!
I hope Justin is smart and gets out of at least the recording contract. It sounds like only the actual winner is bound to the recording contract....or am I wrong about that? She is going to be a virtual puppet to 19 management. I see problems down the road for Kelly especially if she has her own artistic vision of herself.

Anyone remember the cartoon movie "Rock n Rule"?

Besides the $1400 for appearing in "World Idol", certainly there is some other description somewhere in the contract of how she's going to be financially compensated for all this. I can't imagine anybody signing something like this for less than a hefty sum.

I've been in this business for 22 years, as a musician, writer and producer. I've seen many singers and bands sign deals like this. They know it's not a fair deal, but they all hope that when they "make it big", they can re-negotiate the deal. Sadly, that almost never happens.

As for those who say it's better than waiting tables, well, I think that it's worse to be famous and poor, than obscure and poor. I've seen many bands with hit records and no money. They are all ashamed and depressed. Everyone expects them to have wonderful, dream-like lives, when they don't have enough cash for busfare.

However, it's the wish for a quick path to the top that does these kids in. They don't want to slug it out on the road and build a following one club at a time. There truly is no free lunch.

so does a contract like this trump the law?
for example, publishing untruths is libel, so, is it possible to sign away protection under the law?

Wow! Thank God for the smart people in my life who opened my eyes to that crap that they so call a "contract". I feel bad that people felt they had nothing else left than to sign something stating that these people basically own them. No-one owns me but me! Something so irrelevant is not worth risking what could be years of your life.

The only person getting rich from this contract is Simon Fuller, the bubble will burst soonder than he thinks!

People aren't forced to buy the music these programs generate but while they do people like simon cowell will get richer, do you blame him or the buying public

Wow. Simon is a genius. I had no idea.

I can't wait for the "behind the music" VH1 show in 10 years where all the Idol stars of today tell their story of woe, where any ambition they may still have to be a performer is crushed by this contract. Maybe someone wants them to sing the Star Spangled Banner at a ballgame someday, but they'll have to ask 19 first (and give them at least 50% I'm sure). And no matter where in the universe they may travel, throughout the perpetuity of all time, there shall be no escape.

Of couse there won't be any tell all on VH1 at any time in the future, because 19 won't allow it.

Wow. What must it feel like to knowingly sign your life away??!!!

And I thought Korean artists had it bad.
It sounds like Koreans may get it slightly worse or about the same but the cd's from their labels are at least cheaper I think.

Simon is a dork. He shouldnt be aloud to take advantage of those kids like that.

Interesting that this has been revived again - interesting also that no new contract information has leaked out in the last year-and-a-half. These guys run a tight ship.

Kelly gets 50% Simon Fuller gets 50% That's high for a manager, but he made her.She sold 1 million records at $14.00
royalty rate would be around 10% so she made at least 1 million dollars.That's not bad.5-7 year contract, 1 record a year, at least a mil per year.

That's true of course in absolute terms, but the questions are: is it fair and reasonable, would she be better off for not having signed on in the first place, and isn't exploitation still exploitation even if the exploited is getting wealthy?

I don't necessarily have the answers.

we welcome your comments

Exploitation is exploitation. But it could be argued, I suspect, that for many people, being an exploited millionaire is better than being exploited and penniless.

Just a reminder that royalty points don't kick in until the label and production company have recouped totally.

Also, just a reminder that the expenses get repaid out of the ARTIST'S royalty share, so very precious few artists EVER recoup.

This is not an industry that is conducive to artists making money from their recording contracts.

-Wendy Day
Rap Coalition

AND I THOUGHT ONLY OLD BLUES-MEN GOT SCREWED !!!!!

this reminds me of the East European prostitution, since i'm from there and I knew ppl in that "business" from both sides of it... the PIMP gets 50% too, and all costs are paid from the girls' half of what they make... which means, those girls are taken to foreign countries, and they DO pay for rent, food, clothes, whatever, then if they get banned by police it's them who got the trouble for 3 or 4 years.
the same with kelly, who i'm a fan of. i'm totally shocked by this contract. now, what makes it seem better thta kelly is over her debut album, which was a success - but it was her management that picked Low as single and it flopped, though i love the song.
I am in Europe i can't even count how many failures and missing chances there were for kelly coz of 19, just lately - and im not even in the business.
as for justin guarini - it was risky to have him there, after the movie flop and the dating rumors (maybe 19 started them and it went out of control?) and it is OBVIOUS that fuller didnt want to promote him - he wanted JG to flop, to get him out of the picture.
at the end, JG got a new mgmt and record deal, he's managed by ricky martin's benny medina (remember j-lo) and he's got better chances and surely a more fair contract than this.
and, since kelly arrived in the position where she can do it, she can sue fuller whenever she want, like the aforementioned boygroups did with pearlman - she can get out of this and have a fair one - if she'd only see what this is about.
she goes on tour with clay aiken... it seems like she'll never be able to get away from the show and be recognized as an artist until she is under contract with 19. and i DO believe that with her voice, songwriting talent ("thankful" "you thought wrong") and working ethics, she can make it better without fuller, and wont end like the spice girls (where lets say there was no talent at all).

so anyone think that "P.I.M.P." is 50 Cent?
No way, the original MF PIMP is Simon Fuller.

Ok Kelly got the same contract as any other artist.One thing about being signed, you have to to be in the game.Her contract is no more "fair and reasonable" than any other artists.This point hasnt ever changed, you can either sign and they will exploit you (remember people, we are all sitting here talking about her)or they will just take someone else.I think a more interesting point would be that if she didnt win this contest, we would have never heard of her, since she doesnt create her own music and tour.As for Benny, I have worked with him before.I dont think Ricky Martin is doing all that well lately.Hes back trying to release another english album, since the Latin market hasnt done as well..

"Ricky Martin (news) will deliver his first English album in a number of years.
But the crossover phenomenon, once regarded as a slam-dunk to gain broader exposure and bigger audiences for Latin acts, is treated by labels with more caution in the face of shrinking budgets and diminished sales across the board."

""In addition. I hereby grant to Producer the unconditional right throughout the universe in perpetuity to use, simulate or portray (and to authorize others to do so) or to refrain from using, simulating or portraying, my name, likeness (whether photographic or otherwise), voice, singing voice, personality, personal identification or personal experiences, my life story, biographical data, incidents, situations and events which heretofore occurred or hereafter occur, including without limitation the right to use, or to authorize others to use any of the foregoing in or in connection with the Series (or any episode or portion thereof) and the advertising, promoting or publicizing of the Series or any Series episode by Producer, the Network, its operations, activities or programming services and with any merchandise, tie-in, sponsor, product, or service of any kind by Producer, the Network, or any of its programming services, and in any other manner whatsoever as Producer may elect in its sole discretion. I understand that, in and in connection with the Series, I may reveal and/or relate, and other parties (including, without limitation, other contestants, the judges, Producer and the host and/or co-host of the Series) may reveal and/or relate information about me of a personal, private, intimate. surprising, defamatory, disparaging, embarrassing or unfavorable nature, that may be factual and/or fictional.""
________________________________________________

No wonder Clay Aiken can't do a damn thing about the gay rumors that Simon Cowell started about him. Is this contract for real? It can't be forever, that has to be against the law. I hope Clay writes a tell all book someday.