On 18 Nov 2002 at 21:09, kakki wrote: > Hmmm, my cynical, non-professional response would be to answer along > the lines of b) and d). My semi-professional response would be to ask > why no one advised that the artist needed to get clearances to use the > voices. Don't know how the law works in Spain, but in the U.S. there > is (in simplistic terms) the thought that if you let one get away with > infringment, then eventually many/all will be infringed. How would > you feel if say, Woody Allen, used dubbed your voice in one of his > movies? If I ask myself the same question, I probably wouldn't like > someone using my recorded voice without my permission, but I don't > know that I would want to bother with a lawsuit, either. Perhaps, > however, whatever agency represented the plaintiffs, wants to bring > the suit and it may not have been originated by the actual plaintiffs. > > Kakki > > Mike asked: > > > Are these plaintiffs a) bravely standing up against piracy, b) > > greedy bastards, c) dickheads who can't take a joke or d) unwitting > > victims of voracious lawyers who are desperate to get every penny > > out of a recording session that took place 7 years ago.
My non-cynical professional response is b and d. First, these actors performed a work for a government agency. In the U.S. works of the government are not subject to copyright. I find it hard to believe that the agency didn't have them sign a buyout agreement with regard to ownership of the recording. So they wouldn't have rights as individuals unless the work for hire agreement was not a buy out. Ultimately the actors' rights hinge on whether or not the works of the Madrid government agency are subject to copyright. I suspect no one advised the artist to get clearance because government works are not subject to copyright in Spain...but I could certainly be wrong. If Woody Allen dubbed the voice you hear when you call the White House comment line, the person who did the comment line recording would have no grounds for suing him -- unless they were an independent contractor who did not agree to a buyout. I also think that here in the U.S., Chao could make a reasonable case for a parody use. This is certainly an interesting question. Keep us posted on the outcome. Brenda -------------------------------------------- "Radio has no future" - Lord Kelvin, 1897
