MINOR MATTERS: ENSURING THE ENFORCEABILITY OF CONTRACTS WITH MINORS IN THE ENTERTAINMENT INDUSTRY

Abstract

Minors occupy a prevalent and important role in contemporary entertainment, and yet at common law, minors do not have capacity to enter into legally binding relationships. As a result, minors may disaffirm their personal services contracts, which could have severe consequences for producers, including the inability to exploit the results of the performance. This paper considers the use of the superior courts’ inherent parens patriae jurisdiction to obtain court approval of contracts with minors to protect producers from the risk of subsequent disaffirmance of the contract by the minor.