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    And Then There Were Four…

    August 25th, 2008

    American Idol may be jumping the shark!

    In its eighth season, the show is adding a fourth judge, Grammy-nominated songwriter Kara DioGuardi. She joins Simon, Randy, and Paula tomorrow during auditions for the upcoming eighth season and is expected to be a permanent fixture on the judges’ panel for the entire season.

    Having written songs for artists like Kelly Clarkson, Christina Aguilera, Gwen Stefani, Celine Dion, Faith Hill, Carrie Underwood, Santana, Pink, Miley Cyrus and the Jonas Brothers, American Idol creator Simon Fuller describes her as “a smart, sassy lady, and one of America’s most successful songwriters.”

    Popsquire’s perspective…

    The lawyers must have been working overtime on this one! When adding a new judge to a competition show, the representatives for the other judges generally watch like hawks to ensure that the original judges are treated more favorably than the new judge, especially in terms of salary. In turn, the newest member likely hopes to be treated as equally as possible to the other judges. In short, these negotiations must have been intense!

    Mainly, Popsquire wonders who negotiated more bragging rights — Kara or Randy. Every time he mentions Journey or Mariah Carey, maybe Kara is permitted to mention Celine and Miley? Either way, Popsquire will be waiting with baited breath for next season!

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    Ryan Seacrest Swims With Sharks

    July 28th, 2008

    Popsquire loves a good lawyer joke, but this post (sadly) is not about Ryan Seacrest and his lawyers.  Instead, the hardest working man in Hollywood actually was bitten by a baby shark this weekend!

    On his KIIS-FM radio show this morning, Ryan said he was “about eight feet out” when he felt something swim by him.  “I thought it was a stick,” he said. “I wasn’t sure what had happened.”  Then, he said, “I saw it swim! He took a bite, and he left.”  Don’t fret, though.  Ryan is fine.

    Is Popsquire the only one who thinks he should ask Paula for some pain meds?!?

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    And The Winner Is…

    May 21st, 2008

    While millions of Americans may think American Idol is just a fun talent competition show, Popsquire followers (like you!) know that the show also represents a collision between pop culture and law. Therefore, while we await tonight’s big announcement, let’s examine that collision with a few examples:

    1. The contracts: These contestants (not just the winner) likely enter into cumbersome contracts requiring them, among other things, to be bound to 19 Management and grant AI the ability to use their performances to promote future seasons without any restrictions. Click here for a thorough discussion of the first season contract, analyzed by salon.com.
    2. The parents: This season brought us Papa Archuleta, who was banned from rehearsals in recent weeks. For details on this legal collision, read this prior Popsquire post.
    3. The fame: Some contestants have a hard time handling fame and, as a result, find themselves in legal trouble. The most notable example is Season 4 contestant and Celebrity Rehab participant, Jessica Sierra. Since being eliminated, Sierra has been arrested and served jail time for drug, alcohol, and violence-related offenses.

    Ok, your dose of reality is over. Go back to day dreaming about the Davids. Enjoy tonight’s show!

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    Papa Archuleta Not Allowed To Preach

    May 12th, 2008

    The AP has confirmed rumors that American Idol producers have banned David Archuleta’s dad from rehearsals. Jeff Archuleta’s alleged backstage behavior had become fodder for the blogosphere, but it was a recent lyric change on Tuesday’s show that pushed producers over the edge. Papa Archuleta insisted on altering David’s rendition of “Stand by Me,” by adding a verse from Sean Kingston’s “Beautiful Girls.”

    Popsquire’s perspective…

    1. To use songs on the show, American Idol typically must get permission from the music publisher. In this case, the show must not have had permission pertaining to the Sean Kingston song, which likely will result in additional negotiations with the music publisher and payment for a license to use the song or lyrics.
    2. California has strict child labor laws that address working in the entertainment industry. For a minor who is 17 years of age (i.e., David Archuleta), there is no requirement that the parent be present for all aspects of the job. Instead, the law requires only that a studio teacher be present for the minor’s schooling.

    Is Popsquire the only one who is singing “Papa Don’t Preach?”

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    Poor Paula

    April 30th, 2008

    It looks like Britney Spears isn’t the only one in need of a conservatorship!  On last night’s American Idol, Paula Abdul critiqued both of Jason Castro’s performances, but he had performed only one when she offered her commentary.   Classic.

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    Is American Idol Fair?

    April 21st, 2008

    A true Popsquire follower knows this name: Carmen Rasmusen. Yup, she was the young blond handpicked by Simon Cowell to compete in Season Two of American Idol.

    Five years later, Carmen is now complaining about the competition’s fairness, claiming that “the small amount of coaching we did receive was not evenly distributed” among the contestants. She told Utah’s Deseret News on Friday that Clay Aiken, in particular, received more vocal coaching than she did. Cry baby? Or Legal Eagle?

    Popsquire’s perspective…

    Fairness in reality tv competition shows is extremely important from a legal perspective. Evidence of foul play or an uneven playing field may result in claims of unfair business practices, breach of implied contract, and/or fraud.

    Popsquire dedicates this Journey hit to everyone who wants to believe in the fairness of reality tv. Sing!

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    American Idol Provides Access To Disabled

    April 15th, 2008

    American Idol meets the Americans with Disabilities Act (ADA).

    David Cook’s brother, who is living with brain cancer, is expect to attend the show tonight and tomorrow night. Popsquire is thrilled for two reasons: (1) it’s wonderful that David will be able to perform for his ailing brother; and (2) the Kodak Theater, thanks to disability protection laws, is prepared for patrons with disabilities.

    Click here to see how the Kodak accommodates disabled patrons.

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    Idol Gives Jesus

    April 11th, 2008

    Unless you are living under a rock, you know that the American Idol contestants sang the well-known gospel song, “Shout To The Lord,” on Wednesday night’s Idol Gives Back. Controversy ensued among evangelical Christians because in the initial performance, the idolizers changed the opening lyrics from “My Jesus, My Savior” to “My Shepherd, My Savior.”

    Cut to…Thursday night. The idols sing the song again, but this time they include the “My Jesus, My Savior” lyrics.

    Popsquire is concerned for two reasons:

    1. Don’t sing the same song twice in one week!
    2. In a traditional workplace environment, requiring people to sing a religious song could be the basis for a religious discrimination or harassment lawsuit.

    While some would argue that American Idol is not a workplace, what do you think? The traditional analysis to determine whether an employee/employer relationship exists focuses on who is in control. Who do you think is in control of what the idols are doing 24/7? The idols, or the show?

    Ask, answer, and share your thoughts with Papa Popsquire!

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    David Cook Diagnosed?

    April 2nd, 2008

    popsquiretape.jpgTMZ reports that American Idol contestant, David Cook, was rushed to the hospital last night after the show, because he was experiencing heart palpitations and high blood pressure.   This condition reportedly may have been triggered by news that his brother, who is battling cancer, recently had a set back.

    Popsquire’s perspective… 

    Popsquire wants everyone to know there are laws to protect your job in case you need to take time off to care for a sick family member.  Namely, the Family Medical Leave Act generally provides 12 weeks of unpaid leave from work to care for a family member with a serious medical condition.

    There also may be additional state disability benefits and laws available to you, depending on where you live.

    Popsquire wishes David and his family all the best.

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    Idol Drama Dissected Again, Again, and Again

    March 10th, 2008

    popsquiretape.jpgPopsquire again thanks you for bombarding the blog with with questions about last week’s American Idol drama and, as always, Popsquire is here to serve.  Today’s question to which Popsquire followers want answers is…

    Are there repercussions for entertainers who engage in dirty or immoral behavior?

    Popsquire provides answers…

    Yes, some entertainment contracts contain what commonly is referred to as a “morality clause.” Primarily, Hollywood contracts for television, advertising, and endorsement deals may include morality clauses, like the following:

    The artist agrees to conduct himself with due regard to public conventions and morals, and agrees that he will not do or commit any act or thing that will tend to degrade him in society or bring him into public hatred, contempt, scorn or ridicule, or that will tend to shock, insult or offend the community or ridicule public morals or decency, or prejudice the producer or the motion picture, theatrical or radio industry in general.

    Of course, we all know that many celebs can’t comply with this kind of provision, so it’s safe to assume either that: (1) these provisions either are not enforced very often; or (2) they are declining in frequency.

    Could you sign such an agreement and be held to it???

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    Idol Drama Dissected Again

    March 7th, 2008

    popsquiretape.jpgPopsquire again thanks you for bombarding the blog with with questions about this week’s American Idol drama and, as always, Popsquire is here to serve.  Today’s question to which Popsquire followers want answers is…

    Can I be fired for having a second job?

    Popsquire provides answers…

    1. Many states, including California, prohibit employers from firing people for moonlighting.
    2. Typically, however, you may be prohibited from taking on jobs that present conflicts of interest.  In short, it’s not a good idea to work for two competing companies.

    Popsquire hopes that Americans can stop working multiple jobs.  It’s time for higher wages so that everyone can work 9 to 5!

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    Idol Drama Dissected

    March 6th, 2008

    popsquiretape.jpgPopsquire thanks you for bombarding the blog with with questions about this week’s American Idol drama and, as always, Popsquire is here to serve. Today’s question to which Popsquire followers want answers is…

    What could happen if your employer found out that you have a dirty past?

    Popsquire provides answers…

    1. Many states mandate “at-will” employment, meaning that employers generally can fire you for any reason, unless the reason is illegal (e.g., discriminatory based on categories like race, religion, and gender). So, if you have a dirty past, then an employer may be able to terminate you under many circumstances.
    2. Having said that, it certainly would not be an advisable employment practice. Many of us have dirty pasts, so employers would run out of employees!
    3. Furthermore, if your dirty past, like David Hernandez, may be connected to your sexual orientation, then a court might view the termination as discrimination, assuming your state prohibits sexual orientation discrimination.

    On behalf of everyone who wants employers to stay out of their private lives, Popsquire dedicates the Michael Jackson song, “Leave Me Alone.”

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    The Idol Stripper

    March 4th, 2008

    popsquiretape.jpgAccording to the AP, American Idol contestant David Hernandez has been workin’ hard for the money! Prior to entering American Idol, Herandez allegedly worked as a male stripper at Dick’s Cabaret in Phoenix, appearing fully nude and performing lap dances for the club’s “mostly male” clientele.

    Popsquire’s perspective…

    The American Idol contestants likely are required to disclose all prior work history as part of their contracts and/or background checks to appear on the show. If Hernandez was dishonest, don’t be surprised if he is booted for misrepresenting himself.

    Having said that, let’s hope American Idol lets him be. It’s not like he committed any crimes. Sometimes, a boy’s got no choice but to work hard for the money…

    Update: Idol will let him stay, so long as America does. Exec Producer, Ken Warwick, tells TV Guide: “We’ve had strippers on the show before…We’re never judgmental about people who do things like that…If it were some sort of heavy porn, then maybe we’d have to take action. But certainly not on this.”

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    American Idol Blues

    February 13th, 2008

    Is Popsquire the only one who noticed that many of last night’s American Idol contestants had blue tongues?!?  Admittedly, this may not represent a pop culture/law collision, unless the blue substance is some sort of drug (which Popsquire doubts)…but Popsquire still wants to know!

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    She Had A Bad (Hair) Day!

    February 8th, 2008

    popsquiretape.jpgPopsquire is a very tolerant person, but even he thinks THIS should be ILLEGAL!

    With sympathy, Popsquire dedicates this Daniel Powter hit to Fantasia…

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