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3 NYU J. Intell. Prop. & Ent. L. 106 (2013-2014)
Signing in Glitter or Blood: Unconscionability and Reality Television Contracts

handle is hein.journals/nyuinpe3 and id is 108 raw text is: SIGNING IN GLITTER OR BLOOD?: UNCONSCIONABILITY AND REALITY TELEVISION CONTRACTS CATHERINE RILEY* Reality television is a modern phenomenon that can be found on both daytime and primetime television. Using real people creates unique problems for production teams. Real people do not have the industry knowledge or legal assistance from industry professionals to actively participate in contract negotiations. As unscripted shows, reality television presents new risks the producers must consider while developing contracts. While most entertainment contracts are longer and more restrictive than employment contracts for other industries, reality television contracts are even more complex. Recently, questions about the enforceability of these contracts have begun to emerge. If litigated, the courts, rather than a jury, would decide whether these contracts were void due to unconscionability. This note argues that as currently drafted, reality television contracts are not unconscionable, even though at first read they might seem unfair. INTRODUCTION...........................................................107 I. BACKGROUND IN REALITY TELEVISION .......................... ......109 A. Defining Reality Television as a Genre. .......... ..............111 1. The Scope of Reality Television in This Note........... .......112 B. Legal Activity in Reality Television. ..................... .....113 II. WHAT IS THE UNCONSCIONABILITY DOCTRINE?.................. ......115 A. The Test for Unconscionability ................ .............117 1. Procedural Unconscionability ...........................118 2. Substantive Unconscionability ............... ............119 3. Application of the Two-Part Test..............................120 B. Unconscionability under California Law.... ......................120 C. Unconscionability under New York Law. ...........................122 11. THE CONTRACTS.....................................................123 A. Measuresfor Protection of Production Companies and Networks....... 123 B. Typical Contractual Language ..................... ..............124 IV. COULD UNCONSCIONABILITY BE USED TO VOID THE CONTRACTS?..............130 * Catherine Riley is a 2014 JD Candidate at NYU School of Law. She received her Bachelor of Science in Industrial and Labor Relations from Cornell University in 2011. A big thank you to the staff of the Journal of Intellectual Property and Entertainment Law at NYU and my parents for all of their help. 106

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