How can Opie (legally) work without Anthony?
4 2014-07-08 by [deleted]
I don't know anything about corporations, but how can Anthony be fired while Opie still works? I thought they got paid through their "company" the Opie and Anthony Co. Does anyone know how that works?
16 comments
4 fuckjeah 2014-07-08
OK, its like this. OnA have a corp. That corp has sold a branding license to whatever companies they have worked for (including Sirius) that lasts for the time of the contract, however, they have signed separate contracts to sell their services of producing content under that brand for those companies. Thats why technically, the staff are employees of Sirius, O&A are employees of their own corps licensed to Sirius. They get no benefits or any of that shit. On paper, they aren't employees, they are contractors.
They would have used a morality clause in the contract to fire Ant, that is a category of clause known as a penalty clause (like if you refuse to do X as agreed we will get Y in return), part of that would have included protecting the content and separate contracts intact if they take action against O or A (I don't think J is part of the brand side of things).
So not only would they want Opie to work, they expect it, not only that, they have all the content they have produced over these years and would be able to use it for a given period of time. They probably have license to sell that content too (as they would need that as part of their right to syndicate online and in Canada).
Once October comes, the branding contract will fizzle out. Opie might continue alone, but then he is doing so other a different brand or him and Ant will use their brand elsewhere.
2 VanDamme79 2014-07-08
so lets say O&A the brand are no longer under contract in october. Does SiruisXM still own the rights to all the shows they did while employed by SiruisXM?
For example, If O&A decide to do a podcast... Are they not allowed to pull old clips or do best of shows from recordings done at SiruisXM?
2 fuckjeah 2014-07-08
That's exactly right. Usually there would be a time limit on that license too (like 5 or 10 years) but they were always saying Bob Eatman was a shitty agent, so I suppose there is a possibility they sold permanent rights to that content.
2 dcwathefuture 2014-07-08
Which would explain why they can't play old CBS audio?
1 fuckjeah 2014-07-08
Yeah, exactly.
2 LizardKingRumsfeld 2014-07-08
Fuck, it's like SiriusXM waited until the perfect time to drop this bomb... it killed EVERYTHING about the show..
If the boys don't have some kind of good news soon I'm gonna continue to sit here and be sad.
1 fuckjeah 2014-07-08
It wouldn't surprise me if they had this card to play and were waiting on it for a while.
1 dcwathefuture 2014-07-08
Killed all the momentum, split up the brand, and left them without a back catalog. Son of a bitch. Thanks for the info.
1 DeafandMutePenguin 2014-07-08
Ant will most likely sue. He was terminated under the morality clause but as others have pointed out there are people who've done worse on air and not gotten fired. Even what Troy Quan did was worse and on air. So there is a precedence established that Ant can sue under.
Most likely this lawsuit would be settled. I would expect the audio/clips would be what the boys lobby for in the settlement.
2 RchrdJ28 2014-07-08
They are likely employed through separate contracts with Sirius. I know hoo hoo and the few top people at his show (Robin, Artie (before he left), Fred, (maybe) Gary) are employed through individual contracts with Sirius. They all work for the HSS, but any of them can choose to leave by not renewing their contract, or likely in the case of Ant, being fired by SiriusXM.
1 cronuts 2014-07-08
Operating an LLC, S-Corp, etc is not contingent on ownership or employees.
I worked for a mega-wealthy guy for a while who set up companies just for strategic purposes. So for example "X Food Company, LLC". If they go under, it doesn't hurt him personally, it's just that "X Food Company, LLC" is out of money. Or for lawsuits, things like that. You go after the company, not the owner.
TL;DR Sirius, Opie, Ant etc can continue on however they want regardless of how O+A have incorporated themselves or not
1 UrielCho 2014-07-08
They are both signed in on desperate contracts
-1 [deleted] 2014-07-08
Whadda tha contracts really need sumthin' uh sumthin'. faaawk yeaa
2 LizardKingRumsfeld 2014-07-08
somehow; exasperated silence
2 UrielCho 2014-07-08
Chippah!
1 JensaaraiBronitarian 2014-07-08
Opie and Anthony is a brand name, it doesn't have anything to do with the people actually involved. That would be ridiculous if you think about it, like saying Neiman Marcus shouldn't be allowed to exist anymore because both Marcus and Neiman are dead. Sam and Erock doing the Opie and Anthony show, that goof from a while ago, that could legally operate under the name Opie and Anthony show if the owners of that brand, which I am guessing is Sirius XM, decided to run with it.
that's how brands work.