It’s pretty much general knowledge at this point that reality TV singing competitions aren’t really in the business of launching careers as they are generating ratings for the station’s advertisers by any means necessary.
The shows are heavily edited to manufacture a narrative arc and create drama and former contestants have even accused producers of manipulating them into behaviour that later results in their dismissal from the program.
What’s not talked about as much are the prohibitive contracts that contestants must sign if they wish to appear on the show, which include provisions like having your voice dubbed into Swahili and basically handing over your soul.
X Factor production company Fremantle Media are currently in the midst of litigation with a record label and had to file the contract they make participants sign with the Central District Court in California.
It’s since found its way into the hands of the Sydney Morning Herald‘s Business Day, who have now detailed some of the 66 clauses included in the contract given by the popular Seven Network program to contestants.
Formatted in “small print”, the extensive and detailed contract is basically a straight jacket on anyone who decides to participate in the show both as they compete and after they leave the program, especially if they win.
To start, X Factor contestants must hand over the rights to their performances ‘in perpetuity’ to be used around the world, including in non-English speaking markets. Contestants must agree to allow producers to “dub my voice in any language”.
“X Factor contestants must hand over the rights to their performances ‘in perpetuity’ to be used around the world, including in non-English speaking markets.”The show can also use personal information about any contestant, including photographs, likenesses, and biographical information, and transmit the details “throughout the universe”, just in case this whole interstellar Netflix thing kicks off.
“I hereby licence to the company all rights in the composition(s) for the full period of copyright including any renewals, reversions, revivals or extensions throughout the universe… in all media and formats throughout the Universe,” the contract reportedly reads.
You know how some bands are currently warring with labels because they’re receiving meagre royalties for digital formats and larger royalties from CDs, despite the fact that digital is booming and CDs are dying a slow, painful death?
The X Factor contract takes care of any potential niggling lawsuits on the horizon by asking contestants to sign away rights to their performances in all media formats, “whether now known or hereafter invented throughout the Universe”.
[include_post id=”461790″]
Furthermore, contestants will appear on the show for free as well as agree to promote it without pay for one month after it finishes screening, i.e. arguably the most lucrative time for the contestant to be making promotional appearances.
Of course, contestants are also barred from speaking to the media without permission. “Should I be contacted by a member of the press I hereby undertake to refer them to the company’s publicity office,” the gag order states.
They must also “disclose any criminal offences they have committed, except driving infractions and “sign recording and management agreements based on ”independent legal advice” provided by one of three lawyers ”introduced by the company”.
Fremantle Media are currently looking to have the US lawsuit filed against the company dismissed. US record label Camp West Recorders allege last year’s X Factor winner, Samantha Jade, breached an exclusive recording and management agreement by signing to Sony Music.
The label is claiming Fremantle conspired with Sony and Simco, a joint venture between Sony and the show’s creator, Simon Cowell, to interfere with the existing contract. Fremantle Media argue the suit should be filed in an Australian court.
