Enforcing Morals Clauses in the Digital Age. Balancing the Protection of Talent, Public Image, and Intellectual Property

This chapter critically examines the role of morals clauses within the South Korean entertainment industry, exploring the tensions between corporate image management, digital surveillance of public figures, and the protection of individual rights. By tracing the historical evolution of morals clauses – from their origins in early Hollywood to their modern-day applications – this study highlights how these clauses have become mechanisms of control, disproportionately impacting entertainers, particularly young trainees. Through case studies, the chapter demonstrates how public scandals can lead to punitive actions against individuals, even in the absence of substantiated allegations, leaving entertainers vulnerable to circumstances beyond their control. The chapter argues that South Korea’s idol training system, with its emphasis on image management and strict regulations, amplifies entertainers’ vulnerability by enforcing rigid behavioral standards. In response, the chapter proposes several reforms, including unionization and the introduction of reverse morals clauses, to address the power imbalance between entertainment corporations and talent. Ultimately, this work advocates for a more equitable and sustainable framework within the entertainment industry, which safeguards the personal rights and dignity of entertainers while promoting artistic freedom.