Analysis: Is it legal to fire an employee for his political views? What if he were Flavor Flav?
, Flav would’ve been there front & center. He will NOT do free benefit shows. Sued me in court the 1st time I let him back in. His ambulance lawyer sued me again on Friday & so now he stays home & better find REHABThe announcement that Public Enemy would be “moving forward” without Flav followed. The specifics of this unusual case aside, it raises the broader question of how and when you can be fired for political reasons.
A musician such as Flav is probably part of a union which might offer protections that the law doesn’t. But “if there is no collective bargaining agreement,” Eisner said, “then there would be no protection for an employer to discharge somebody for whatever reason — as long as it’s not for discriminatory reasons like age and sex and gender and things like that.
One of the key issues that emerges later in a musical act’s relationship is the use of the band’s name in the future — which is precisely what happened here. Chuck D is at this point claiming ownership over Public Enemy. Flav is disputing it. Again, in fact; FlavAD The nature of the relationship between Chuck D and Flavor Flav and the legal boundaries of it are unclear. It’s possible that there’s an agreement in which neither can use the name “Public Enemy” when performing individually. It is probably not the case, though, that Chuck D could prevent Flav from performing Public Enemy songs, given that there are broad rights under the law allowing musicians to cover copyrighted songs.We’ve run into similar concerns before.
Incidentally, you can license the song “Fight the Power” from BMI. Three members of Public Enemy and one producer are
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