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Refusal to Perform Topless Sex Scene Leads to Lawsuit
Author: Scarinci Hollenbeck, LLC
Date: April 21, 2014
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Before acting in a television show, actors and actresses need to sign a contract that outlines the duties of their role.
During the filming of a recent episode of “Femme Fatales” for Cinemax, Anne Greene refused to perform a topless sex scene, which Time Warner’s HBO division claims is a breach of her contract.
The production company has since filed a lawsuit against Greene claiming she “arrived on set, reported to wardrobe on time, but then abruptly refused to report to the set, expressing for the first time, contrary to the express terms of the Employment Agreement and Nudity Rider, that she was not comfortable performing the scene topless or allowing herself to be filmed topless.”
Breach of Contract
One of the major issues in this lawsuit is the breach of contract that Time Warner’s HBO division claims the actress committed. The following are the specific breaches that can occur:
- Minor breach – This is the smallest type of breach that can be committed, as there are no real consequences to the party that was injured as a result of the actor or actress breaking the contractual agreement.
- Material breach – This type of breach is significant enough to destroy the value of a contract. A direct result could be a lawsuit, such as the one filed in the HBO-Greene case.
- Fundamental breach – This type of breach allows the alleged injured party to legally terminate a contract and sue for damages.
- Anticipatory breach – This type of breach occurs when a party reneges on all or part of their contractual obligation. This generally doesn’t lead to any legal issues.
It will be interesting to see if HBO wins its lawsuit, as Greene made claims – such as sexual harassment and a dangerous work environment – that could make the situation more complicated.
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