The article analyses the controversy in the film industry regarding the inclusion of contractual clauses protecting production companies from reputational crises, especially in the wake of the Karla Sofía Gascón controversy. It is mentioned that such clauses are already common in the US audiovisual industry, but are not yet widespread in Europe.
Elena Ordúñez, partner in Audiovisual and Intellectual Property Law at ECIJA, confirms that these clauses have been applied in the contracts of large production companies and streaming platforms in the US for years. It explains that these provisions usually apply to key roles, such as directors and lead actors, and allow the production company to terminate the contract if a serious breach is deemed to have occurred.
This analysis highlights the growing interest in regulating the digital reputation of artists through contractual clauses, a debate that continues to evolve in the audiovisual sector.
