I took the weekend off and had to read 8 pages to catch up! You all have been busy.
I'm skipping the Stephanie Whatsit discussion because I don't find her credible, and the rights and wrongs of Jon versus Kate -- because they both annoy me -- but you all enjoy that debate.
What I am really interested in is the legal aspects. The timing of TLC's breach of contract suit against the Gosselin company (if I am reading correctly), and in Jon's defence (or is it a countersuit?), and in the content. It seems a PR disaster in the making to go after the father of the Gosselin children, and they are going after Kate's assets too in filing against the Gosselin company. They are going after money that could be used to support the Gosselin children.
I think that they stopped filming because in the contract fine print it said that either parent had the right to stop the filming of the kids on demand. When Jon called a halt (regardless of his motives) TLC had to honor that, even though Kate wants to go ahead.
Filing suit now to continue filming the children, after Jon has said he has reservations seems bad judgement. Also interest in the show is waning, why not just go ahead with Kate's project? And why with all this other stuff thrown in? TLC could probably have got Jon on the morals clause way back in Feb/March, and he has been chattering to the media for a while, with or without pay and with or without permission. He is also talking specifically about compensation and hours.
My guess is that it is a preemptive strike and cold-blooded attempt by TLC to threaten and gag Jon, pure and simple, because they knew his attorney has figured out the possible breach of PA Child Labor Law by TLC and the Gosselin parents -- and is going to use it. TLC is running scared and probably for good reason.
Kate consistently, and Jon
until recently when TLC lost control of him, have been very careful to say that the kids are not working "just playing". They have also been very vague about the amount of time the children are filmed. Moreover, they have been implying that because the children are not being paid they are not working. Hmmm. There is a word for being forced to work without pay.
Sorry, but I completely disagree with those who think that what TLC is doing is in and respect the same as home videos. Those children are filmed by professionals, given lines "Coming up on Jon and Kate", interviewed by the camera crew, made to sit still for shots . . .
If TLC did not pull special work permits for J and K & 8 I think they are on very thin ice. I also wonder if those permits would have been approved by the Department of Labor given the hours involved.
I also wonder about the extent and length of the Good Housekeeping photo shoot (presumably authorized and approved by TLC). Sounds like work to me from the article above. Did Good Housekeeping have a permit too?
Jon breaking the confidentiality agreement could get TLC into a whole lot of retroactive trouble. In his lawyer's statement it is clear that he is going for the "whistleblower" and "I'm just a naive idiot" protection for Jon. I'm not sure that will be enough.
It will be interesting to see how it all plays out.
FYI: The PA Child Labor Laws.
http://www.dli.state.pa.us/landi/CWP/view.asp?a=185&Q=58124
The relevant section pertaining to entertainment.
"Section 7.1. (a) The Department of Labor and Industry is hereby authorized to issue special permits for the employment of minors seven and under eighteen years of age in theatrical productions, musical recitals or concerts, entertainment acts, modeling, radio,
television, motion picture making, or in other similar forms or media of entertainment in Pennsylvania where the performance of such minor is not hazardous to his safety or well-being, except as follows:
(1) No such minor shall be permitted to perform after the hour of eleven-thirty in the evening.
(2) No such minor shall be permitted to perform in any place or establishment where alcoholic beverages are sold or dispensed.
(3) No such minor shall be permitted to perform in a boxing, sparring or wrestling match or exhibition or in an acrobatic or other act, performance or exhibition hazardous to his safety or well-being.
(4) No such minor shall appear in more than two performances in any one day nor in more than eight performances in any one week.
(a.1) In addition to any permit authorized by subsection (a), the department shall be authorized to issue special permits for the temporary employment of minors as part of the performing cast in the production of a motion picture, if the department determines that adequate provision has been made for the educational instruction, supervision, health and welfare of the minor. Unless the department determines that more restrictive conditions are necessary, special permits authorized by this subsection shall authorize minors to work as part of the performing cast for forty-four hours in any one week and eight hours in any one day. Time spent on the set or on location while on call shall be excluded from any calculation of the maximum number of hours authorized by this subsection if the department determines that adequate provision has been made for the child's education, supervision and welfare during such intervals. The department may restrict the number of hours which may be spent on call by the minor. The department may waive, in whole or in part, restrictions contained in this act and in any other act, on the time of day or night allowed for engaging in the employment authorized by this subsection, if the department determines that such waiver is necessary to preserve the artistic integrity of the motion picture and further determines that such waiver will not impair the educational instruction, supervision, health and welfare of the minor.
Special permits authorized by this subsection shall be valid for a period of time not to exceed six months. An issued permit shall state that no minor, allowed under the permit to be temporarily employed, may be allowed on a set during, or may otherwise watch, the filming or rehearsal for filming of any sexual act. Nothing in this section shall be construed to supersede or repeal in part 18 Pa.C.S. §5903 (relating to obscene and other sexual materials) or 6312 (relating to sexual abuse of children).
((a.1) amended Dec. 21, 1998, P.L. 1908, No. 192)
(a.2) A special permit shall not be required under this section for a minor who participates in a nonprofit, educational, theatrical production if there is informed, written consent of a parent or guardian; if the participation is for a period of no more than fourteen consecutive days; if the participation is not during school hours; and if the minor receives no direct or indirect remuneration. All other existing limitations of this section shall remain applicable.