By: Kate Schiller
You may be familiar with the pop-culture icons that take the stage nearly every night of the week on Bravo – the Real Housewives; Southern Charm; Vanderpump Rules, and many more. What is lesser known, however, are the tools, so-called “Bravolebrities,” use to build their personal brands. Bravo castmates – among many reality TV stars – are typically hired by the parent network as independent contractors.[1] Because of this status, many reality TV stars are able to manage rights to their own intellectual property, such as the rights to their name, image and likeness, as well as the opportunity to create copyrights and trademarks to build their personal brands.[2] This is because independent contractors generally retain the rights to their own intellectual property created during the scope of the contract, whereas intellectual property generated during the course of traditional employment belongs to the employer.[3] Though employment as an independent contractor has its pitfalls, many reality TV stars have brought, and continue to bring, such injustices to the legal forefront.[4]
- Bravo castmates work for Bravo as independent contractors, which creates interesting challenges to the ethicality of the employment model.
Reality television stars are typically employed by the parent network as independent contractors of the franchise.[5] Independent contractor status allows a network to hire reality stars without having to account for annual wage, overtime, and unionization considerations.[6] This employment status allows companies to keep the cost of production comparatively low while reality stars work to film the show.[7] This model is widely criticized by reality stars, as it can become exploitative rather quickly due to the nature of the contractor relationship – castmates have reported working long hours for little wage, and having to spend their own personal funds to climb the social ladder on their show – just to name a few pitfalls.[8] In recent developments, a lawsuit brought by the National Labor Relations Board (NLRB) against the producers of Love is Blind argues that reality show participants should be classified as full employees of a network, which could create new spaces for reality TV stars to advocate further for their rights.[9] Real Housewives of Dallas castmate Stephanie Hollman provided insight into the breakdown of Real Housewives paychecks, stating: “season 1 for me, I felt like I was paying to be on the show…I definitely spent more than I made. Season 5, I was making great money.”[10] As the Real Housewives franchise aims to depict the lavish lives of the people it features, castmates inevitably are bound to spend money to keep up with the show, whether that be to go on the trips featured on the show or other activities.[11] Yet, the penultimate number(s) Real Housewives make on the show remains a mystery.[12]
Another outspoken Housewife has been Bethenny Frankel of Real Housewives of New York City. When Bethenny Frankel signed on to be on the Real Housewives of New York City, she struck out a clause of her contract with Bravo that would allow the network to take a partial payment of her personal brand upon a subsequent sale.[13] This resulted in what is now candidly acknowledged as a “Bethenny Clause.”[14] A “Bethenny Clause” is a colloquial nickname for a clause often included in contracts between the independent contractor and the network regarding distribution of profits of a business upon sale created during the run time of the independent contractor’s show.[15] The reasoning behind a “Bethenny Clause” is that the network would take a cut in the profits due to the inherent advertising provided by the show.[16] As a result of striking out the “Bethenny Clause,” Frankel did not owe any money to Bravo upon the sale of her Skinnygirl business.[17] The “Bethenny Clause” of a contract with a Bravo castmate is unlikely to be struck out of an agreement any longer: personal brands formed during the filming of a Bravo show are generally subject to a distribution of profits upon the sale of a castmate’s brand.[18]
The same upsides that purport to benefit independent contractors also seemingly hinder Bravo castmates. Generally, the goal of hiring an independent contractor is to allow the contractor to exercise independence while maintaining an appropriate work relationship as the parties work together.[19] However, Bravo castmates are typically subjected to several restrictions that are atypical of other independent contractor relationships, including mandatory contracts—called participant agreements—pursuant to money made during the course of the run time of the show.[20] The terms of participant agreements can vary in nature, but generally prevent Bravo castmates from speaking publicly about experiences from the show; making derogatory comments or statements about the show in the media; and leaving the show earlier than originally agreed upon.[21] Restrictions such as these have given rise to a recent NLRB lawsuit heard in April 2025.[22] Resulting from this litigation was an altered independent contractor rule which formally reinstated a 2020 standard called the joint employer rule.[23] These changes ultimately resulted in a reduced risk of joint employer liability and make it easier for businesses to classify workers as independent contractors.[24] Challenges to this decision are ongoing as the employment-independent contractor legal landscape continues to shift in the age of widespread unfair treatment.[25] What this means for Bravo castmates is that they must act diligently through business structures and personal advocacy in order to retain their earnings.
- The Real Housewives use intellectual property to help them grow their personal brands as independent contractors.
In the most recent season of Real Housewives of Salt Lake City, castmates Brittani Bateman, Angie Katsenevas, and Lisa Barlow all had various comments pursuant to “patenting” catchphrases they have said on the show.[26] Debating whether someone could trademark a phrase another castmate had originally said, the difference between different forms of intellectual property all play a critical role in advancing Real Housewives’ personal brands.[27] Particularly, by trademarking everything from catch phrases to personal name, image and likeness (“NIL”), Bravo castmates are able to grow their wealth through intellectual property management.[28]
Intellectual property is said to result in four to seven times more fiscal growth in the long term compared to sole income, according to a study conducted by Harvard Business Review.[29] The Real Housewives prove this to be true as their personal brands play a cornerstone role in allowing them to live the lavish lives shown on television. A common form of intellectual property is a trademark. A trademark is defined as “a word, phrase, design, or combination that identifies your goods or services, distinguishes them from goods or services of others, and indicates the source of your goods or services.”[30] The benefit of having a trademark is that the trade marker’s intellectual property is protected from being registered by another individual without the trade marker’s permission and prevents the use of goods and services with a similar trademark.[31] Ultimately, for the Real Housewives, it’s a prime avenue for preserving their personal brands in the name of profit.[32]
Perhaps one the most successful Real Housewives stories is Bethenny Frankel’s Skinnygirl brand. Frankel started the Skinnygirl brand – a lifestyle brand originally centered around low-calorie cocktails – in 2009, just a year after her entrance into the Real Housewives foray.[33] By 2011, Frankel’s Skinnygirl was one of the fastest growing spirit brands.[34] She sold the cocktail company in the same year for approximately one-hundred million dollars without having to distribute any profits to Bravo.[35] As mentioned above, this is because the clause stricken from Frankel’s agreement with Bravo prevented the company from receiving any partial payment of the sale of Skinnygirl. Even though Bravo will no longer contract with castmates who refuse to commit to partial-payment clauses in participant agreements, proper management of intellectual property still allows castmates to maintain some leverage.[36]
For example, even though Frankel has sold Skinnygirl cocktails, she still possesses the Skinnygirl trademark for “products other than booze.”[37] As the owner of the trademark, Frankel has successfully defended the Skinnygirl trademark on multiple occasions while spirit giant Jim Beam owns the trademark for Skinnygirl cocktails.[38] In 2026, Frankel is reported to have an estimated net worth of $80 million: and it’s all because of her time on Bravo.[39] Broken down, it is estimated that she generates millions annually just from Skinnygirl intellectual property revenue.[40]
- Conclusion
It is evident that Bravo’s participant agreements infringe upon castmates’ earnings from the show.[41] Whether or not this is ultimately equitable is extremely dependent on exact conditions of participant agreements, which are not made public.[42] Yet, independent contractor status allows Bravo castmates to profit considerably when compared to traditional employment in terms of intellectual property. When an employee generates intellectual property within the scope of their employment, it is presumed to be owned by the employer.[43] However, when an independent contractor generates intellectual property, they generally retain the right to possess the intellectual property unless otherwise agreed upon.[44] As such, Bravo castmates are able to retain the intellectual property rights to their brands at large, and even then, they are not subject to a profit share with Bravo unless the brand was promulgated during the course of a Bravo franchise show run and the company is sold.[45]
While the independent contractor relationship between Bravo castmates and the network may certainly be flawed, it allows for an optimal way for castmates to grow their personal brands and wealth through propagation of intellectual property, whether or not it was created during the run of the television show.[46] As a result, independent contractor status ultimately allows a way for Bravo castmates to retain the rights to their intellectual property.[47]
About the Author
Kate Schiller is a J.D. Candidate at Delaware Law School, class of 2026. During her time at Delaware Law, Kate served as a Staff Editor on the Delaware Journal of Corporate Law and the Vice President of the re-emerging Environmental Law Society. Kate also served as a student attorney of the Delaware Law Environmental and Natural Resources Clinic, where she worked alongside Professors Sarah Everhart and Ken Kristl on active environmental litigation. Outside of the classroom, Kate is an active member of the Delaware Valley Environmental Inn of Court. She spent two summer internships working in environmental public interest legal work and looks forward to pursuing a career in environmental law. Kate will begin her legal career as a judicial law clerk to the Honorable Mark K. Chase, J.A.D. of the New Jersey Superior Court, Appellate Division. She is also a spirited alumna of Virginia Tech, class of 2023: go Hokies!
[1] Amanda Cort, Get Real: The Tension Between Stardom and Justice for Reality Television Participants, N.Y.U. 13 J. Intell. Prop. & Ent. L. 421, 429 (2024).
[2] Shana Olson, Keeping Up With the Trademarks: The Real IP Rights of Reality Stars, JDSupra (July 31, 2025), https://www.jdsupra.com/legalnews/keeping-up-with-the-trademarks-the-real-1797053/#ftn1.
[3] Muyela Roberto, Who Owns Intellectual Property Created by Independent Contractors?, Trademarkia (Aug. 15, 2025), https://www.trademarkia.com/news/legal-info/who-owns-ip-created-by-contractors
[4] Cort, supra note 1.
[5] Id.
[6] Winston Cho, Ex-‘Love is Blind’ Contestant Files Class Action Over Inhumane Working Conditions on Reality Shows, The Hollywood Rep. (Sept. 16, 2025 at 4:07 PM), https://www.hollywoodreporter.com/business/business-news/ex-love-is-blind-contestant-files-class-action-over-inhumane-working-conditions-on-reality-shows-1236373084/.
[7] Meredith Blake & Yvonne Villarreal, In Past Strikes, Networks Turned to Reality TV. Now It’s More Complicated., L.A. Times (Apr. 10, 2023 at 5 AM PT), https://www.latimes.com/entertainment-arts/business/story/2023-04-10/writers-strike-reality-tv-unions.
[8] Miguel A. Melendez, ‘RHOD’ Alum Stephanie Hollman Explains How ‘Housewives’ Salaries Work After Jen Shah’s Paychecks Revealed, KVUE ABC (Mar. 2, 2023 at 5:40 PM CST), https://www.kvue.com/article/entertainment/entertainment-tonight/rhod-alum-stephanie-hollman-explains-how-housewives-salaries-work-after-jen-shahs-paychecks-revealed/603-9efb0ec3-288d-4703-93ef-43a461485bda.
[9] Laura Valeria Salas, How Reality TV Could Change Labor Laws in Hollywood, N.Y.U. J. Intell. Prop. & Ent. L. Blog (Nov. 11, 2025), https://jipel.law.nyu.edu/how-reality-tv-could-change-labor-laws-in-hollywood/; see Cho, supra note 6.
[10] Melendez, supra note 8.
[11] Id.
[12] Id.
[13] The “Bethenny Clause” For Entertainment Contracts, Venustas L., https://venustaslaw.com/blogs/blog/the-bethenny-clause (last accessed Apr. 11, 2026).
[14] Id.
[15] Id.
[16] Id.
[17] Venustas L., supra note 13.
[18] See Antonella Martinez, The Legal Effects of the ‘Bethenny Clause”, Freeman Harris, https://freemanharris.co.uk/the-bethenny-clause-entertainment-contracts/ (last accessed Apr. 11, 2026).
[19] Why You Can’t Have a Non-Compete Clause In a Contractor Agreement, The Legal Paige (July 2, 2024), https://thelegalpaige.com/blogs/blog/why-you-cant-have-a-non-compete-clause-in-a-contractor-agreement?srsltid=AfmBOopP6HSSHY3lZOxdKV5z6HdClWW27l1ChyGv3VOBCevHmbyCRtoP.
[20] Dan Altchek & Alexander L. Reich, NLRB Alleges that Reality TV Contestants Are “Employees” Subject to Labor Laws, Saul Ewing (Dec. 26, 2024), https://www.saul.com/insights/blog/nlrb-alleges-reality-tv-contestants-are-employees-subject-labor-laws.
[21] Id.
[22] Id.
[23] W. Eric Baisden et al., NLRB and DOL Publish Significant Rules Governing Joint Employment and Independent Contractor Classification, Benesch L. (Feb. 27, 2026), https://www.beneschlaw.com/insight/nlrb-and-dol-publish-significant-rules-governing-joint-employment-and-independent-contractor-classification/.
[24] Id.
[25] Id.
[26] Jeanne Fromer, LinkedIn, https://www.linkedin.com/posts/jfromer_fascinating-discussion-on-the-real-housewives-activity-7407832127456837632-OWgx?utm_source=share&utm_medium=member_desktop&rcm=ACoAADISVQkBb2F9_dDgnQwRcp_CMaqPasGkUhg (note that “patent” was used on the show to mean the equivalent of “trademark” in legal terms. Bateman trademarked the phrase “high body count hair,” which originated from castmate Angie Katsenevas and can be found on the U.S.P.T.O. trademark locator).
[27] Olson, supra note 2.
[28] Id.
[29] See Cass Almendral, The Real Housewives Net Worth: How Bravo Accidentally Built a Venture Fund, Soc. Life Mag. (Mar. 21, 2026), https://sociallifemagazine.com/the-archive/from-reality-tv-to-real-money/; see also Kevin G. Rivette et al., Discovering New Value in Intellectual Property, Harvard Bus. Rev. (2000) https://hbr.org/2000/01/discovering-new-value-in-intellectual-property.
[30] Trademark, Patent, or Copyright, U.S.P.T.O. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright (last accessed Apr. 11, 2026).
[31] Id.
[32] Anastasiya Kryukova, Trademarks in the Entertainment Industry, N.Y.U. J. Intell. Prop. & Ent. L. Blog (Apr. 24, 2020), https://jipel.law.nyu.edu/trademarks-in-the-entertainment-industry/.
[33] Ashton Jackson, Self-Made Millionaire Bethenny Frankel Shares the No. 1 Negotiation Tip That Made Her Rich: ‘It Changed my Entire Life,’ CNBC Make It (Apr. 12, 2024 at 3:04 PM), https://www.cnbc.com/2023/04/12/self-made-millionaire-bethenny-frankel-top-tip-for-negotiating-money.html.
[34] Id.
[35] Id.
[36] See Olson, supra note 2.
[37] See Lizzie Widdicombe, Perfect Pitching, The New Yorker (Sept. 14, 2015), https://www.newyorker.com/magazine/2015/09/21/perfect-pitching.
[38] Olson, supra note 2.
[39] Cass Almendral, Bethenny Frankel New Worth 2026, Soc. Life Mag. (Jan. 31, 2026), https://sociallifemagazine.com/the-archive/bethenny-frankel-net-worth-2026/.
[40] Id.
[41] See Cho, supra note 6.
[42] See id.; see also Salas, supra note 9.
[43] Roberto, supra note 3; see 17 U.S.C. § 101.
[44] Roberto, supra note 3.
[45] See Olson, supra note 2.
[46] Id.
[47] Id.
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