Clarkson doesn't own the format (and there's speculation there may be a non-compete clause in his contract) and the BBC have made it crystal clear TG will continue so there's nothing to sell. I would imagine the Beeb's lawyers are more than keen to tie Clarkson up in litigation if he tries to duplicate their property elsewhere.
The old TG presenters cloned TG with Fifth Gear without being sued. You cannot just stop them making "a motoring programme". You can only protect specific details, like the name of The Stig for example. It's quite possible Clarkson could start a rival show and have another faceless test drive with a different name.
Well, you'd be wrong because that's specifically what a non-compete clause is designed to do. It's usually time-limited so there may be nothing stopping him cloning TG in a year or two.
Can you name another BBC employee, talent or exec, who had a non compete clause stopping them going to a rival? Even Peter Fincham walked into his ITV job straight after leaving the BBC. Many many examples, from Morcambe and Wise to Adrian Childes and Jonathan Ross have gone to ITV, and I can't remember any gardening leave for them.
It would also mean the BBC would have to carry on paying him for that year to sit at home doing nothing, and you can imagine what the Daily Mail would say about that!
Can you name another BBC employee, talent or exec, who had a non compete clause stopping them going to a rival? Even Peter Fincham walked into his ITV job straight after leaving the BBC. Many many examples, from Morcambe and Wise to Adrian Childes and Jonathan Ross have gone to ITV, and I can't remember any gardening leave for them.
Their was a good gap of time for Jonathan Ross between when he left the BBC and started the iTV chatshow. I'm not 100% on the specifics but I think it was the best pat of a year. 6-9 months at the very least. Whether that was contractual or he just wanted a break I'm not sure.
Because of the sums involved and the fact that the BBC bought the remaining rights a few years ago it's at least possible there is some kind of contract to limit future appearances in a similiar show.
Because of the sums involved and the fact that the BBC bought the remaining rights a few years ago it's at least possible there is some kind of contract to limit future appearances in a similiar show.
i.e. a situation unique to TopGear.
Any new show could not have a Stig lookalike, a track that looks like Dunsfold Aerodrome and a set just like Top Gear's.
Should be easy to make enough changes to the format.
Gardening leave is pretty standard in the entertainment industries, for both management and talent.
I can't see how a gardening leave clause could possibly apply if his contract is up and they are simply not renewing it, that would effectively prevent him from working.
Of course there might be something in a no-compete clause to stop him working on a similar programme for a certain amount of time.
I can't help but think of that Smashy & Nicey scene following their sudden exit from the BBC where Paul Whitehouse's character says, "I really have no idea why we were resigned".
Don't worry, Doctor Who can survive the ups and downs of different faces and formats. So will Top Gear.
It is with great regret that I have told Jeremy Clarkson today that the BBC will not be renewing his contract. It is not a decision I have taken lightly. I have done so only after a very careful consideration of the facts and after personally meeting both Jeremy and Oisin Tymon.
I am grateful to Ken MacQuarrie for the thorough way he has conducted an investigation of the incident on 4th March. Given the obvious and very genuine public interest in this I am publishing the findings of his report. I take no pleasure in doing so. I am only making them public so people can better understand the background. I know how popular the programme is and I also know that this decision will divide opinion. The main facts are not disputed by those involved.
I want to make three points.
First – The BBC is a broad church. Our strength in many ways lies in that diversity. We need distinctive and different voices but they cannot come at any price. Common to all at the BBC have to be standards of decency and respect. I cannot condone what has happened on this occasion. A member of staff – who is a completely innocent party – took himself to Accident and Emergency after a physical altercation accompanied by sustained and prolonged verbal abuse of an extreme nature. For me a line has been crossed. There cannot be one rule for one and one rule for another dictated by either rank, or public relations and commercial considerations.
Second – This has obviously been difficult for everyone involved but in particular for Oisin. I want to make clear that no blame attaches to him for this incident. He has behaved with huge integrity throughout. As a senior producer at the BBC he will continue to have an important role within the organisation in the future.
Third – Obviously none of us wanted to find ourselves in this position. This decision should in no way detract from the extraordinary contribution that Jeremy Clarkson has made to the BBC. I have always personally been a great fan of his work and Top Gear. Jeremy is a huge talent. He may be leaving the BBC but I am sure he will continue to entertain, challenge and amuse audiences for many years to come.
The BBC must now look to renew Top Gear for 2016. This will be a big challenge and there is no point in pretending otherwise. I have asked Kim Shillinglaw to look at how best we might take this forward over the coming months. I have also asked her to look at how we put out the last programmes in the current series.
Comments
The old TG presenters cloned TG with Fifth Gear without being sued. You cannot just stop them making "a motoring programme". You can only protect specific details, like the name of The Stig for example. It's quite possible Clarkson could start a rival show and have another faceless test drive with a different name.
Can you name another BBC employee, talent or exec, who had a non compete clause stopping them going to a rival? Even Peter Fincham walked into his ITV job straight after leaving the BBC. Many many examples, from Morcambe and Wise to Adrian Childes and Jonathan Ross have gone to ITV, and I can't remember any gardening leave for them.
It would also mean the BBC would have to carry on paying him for that year to sit at home doing nothing, and you can imagine what the Daily Mail would say about that!
Their was a good gap of time for Jonathan Ross between when he left the BBC and started the iTV chatshow. I'm not 100% on the specifics but I think it was the best pat of a year. 6-9 months at the very least. Whether that was contractual or he just wanted a break I'm not sure.
i.e. a situation unique to TopGear.
Then your memory fails you.
Gardening leave is pretty standard in the entertainment industries, for both management and talent.
Any new show could not have a Stig lookalike, a track that looks like Dunsfold Aerodrome and a set just like Top Gear's.
Should be easy to make enough changes to the format.
There is some suggestion they won't "renew his contract" which may free him up. I believe he was due to sign end of March.
I can't see how a gardening leave clause could possibly apply if his contract is up and they are simply not renewing it, that would effectively prevent him from working.
Of course there might be something in a no-compete clause to stop him working on a similar programme for a certain amount of time.
There can still be clauses concerning what happens after the contrast expires. Solicitors are paid a lot of money for a reason.
Yes - he was taken to hospital. Fact.
The Clarkson faundamentalists really are an angry, irrational mob.
Shame, as this series was one of the best in a long time.
I can't help but think of that Smashy & Nicey scene following their sudden exit from the BBC where Paul Whitehouse's character says, "I really have no idea why we were resigned".
Don't worry, Doctor Who can survive the ups and downs of different faces and formats. So will Top Gear.
I'll go for Noel Edmonds, Richard Madeley and The Duke of Edinburgh
I look forward to a new motoring entertainment program on Sky or Netflix etc
http://downloads.bbc.co.uk/mediacentre/investigation-summary.pdf