VO-BB - 19 YEARS OLD!

[Bish]

Accepting Jeff's point that it's OK to make a "personal use" copy of a DVD I own (even using a purchased program designed to circumvent the copyright protection), still doesn't present an accurate comparison. This is like me taking my Disney Sleeping Beauty DVD to "We-Crack'em DVD Services", and paying for a duplicate to be made. I don't think that business would last more than a few days before being buried in litigation.

I spent a short while trying to earn some money as a photographer. I wanted some quick printing done, so I used Costco's service as I was going there anyway. (They're pretty good and even supply the printer profiles for each individual store). I uploaded a mixed-bag of files and when I went to pick them up they had flagged a couple of images. I was told that these were obviously professional images and they couldn't print them for me because I didn't own the copyright. I had to "prove" that they were mine!

Despite the recent temporary win with SOPA, the MPAA, RIAA, etc. are pouring obscene amounts of money into politician's pockets to buy more draconian copyright legislation. There is a concerted effort by the industry to put copyright infringement in the same bailiwick as terrorism and to inexorably link the two. Whether or not we agree with the current or future rules, as business owners we must be aware of something that could, potentially, put us on the wrong side of the law. Erring on the side of caution is the safest route.

This stuff is all a minefield. The truth is often obfuscated. I'm not even sure that Jeff's assertion that he can copy a DVD for backup or personal use isn't still being tested through the courts under a clarification of the DMCA rules. Yes, you can backup, but any tool made purposefully to break copyright protection is illegal... or something like that.

Cheers
Rumpole

Some crossover with Diane's post there (writing at the same time)... this is what happens when two people have nothing better to do on a Sunday morning

*if you think VO is difficult to crack, believe me, it's a walk in the park compared to trying to make a living with a camera
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Bish a.k.a. Bish
Smoke me a kipper... I'll be back for breakfast.
I will not feed the trolls... I will not feed the trolls... I will not feed the trolls... I will not feed the trolls.

[Diane Havens]

Actually, Peter, I've been up for hours since my cats are insistent that I must rise at 4 am on the weekends. Now I'm reading the paper with my fourth cup of coffee and getting all riled up over other issues, but was happy to see this discussion had continued overnight.

You'd better believe I'm cautious about copyright infringement -- ever since that letter from Disney arrived at my school during my teaching years that had us scrambling to remove Snow White and the Seven Dwarves from the hall bulletin board.
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Diane


Veni, Vidi, Voci
http://www.dianehavens.com

[jsgilbert]

I actually received 2 notices in the past asking me to remove things from my demos. In one case, I pulled a sound bite from the final product and in the other simply recreated it. I've also signed a number of agreements that particularly mentioned I could NOT mention that I had performed voices for a product.

I'm assuming that in both cases it has a lot to do with 2 major aspects:

1. That having an image or real person associated with the product could be an issue if my face, image whatever wasn't in keeping with the character.

2. Or worse, that I might make off color, improper or other remarks in public or say or do something stupid that could be linked back to the product (think marijuana smoking spokesperson for Dell)

Because communication is so instantaneous these days and the levels of professionalism seem to drop by the wayside, especially when there's some SEO to grab, it is not unreasonable to think that the desire for companies, developers and others involved with "creativity" in general, to protect ideas, concepts, brands and so forth will only increase.

It's also interesting to see how the unions interpretation of "internet use" seems to be a bit muddy. For example, if an ad agency decides to post a spot they produced that features me as voice talent, according to what I was told by a union rep, they would still be obligated to pay an internet use fee. One wonders if you feature a union spot on your site and there are on-camera actors, would you be responsible for union payments to them.

Nothing seems very clear or simple anymore. That's why I like having good agents and other support people to assist me.
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j.s. gilbert

js@jsgilbert.com
www.jsgilbert.com

"today is the first day of the rest of the week"

[Gregory Best]

J S - even in your example they requested you take it down. They did head to court and sue you. I think there is a bit of over reaction here. Should we concern ourselves with copyright issues, yes. But be practical too.

What about the scenario where you are recording a commercial and the writer stole the material? You are the actor not the writer. The writer would be liable.

Again, you are not selling an audio book only your services. If you were selling an audio book you would be subject to sales tax.
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Gregory Best

greg@gregorybest.com

[Frank F]

Folks, this legal dribble is making my head hurt.

Usage in legal terms does not apply to demo's in our case - as we are not SELLING the sum of our labor - the demo - we are offering a sample of of skills and VO sound. J.S.'s example is one of many regarding demo's and his "guess" was most likely on target.

As for the audiobook, everyone except Greg is assuming too much. When it comes to legal issues - Do Not Assume anything. Copyright, patent, and trademark issues are a specialty practice in law because of the complexity of the issues.

Personally, I want to find a lawyer who already knows it all and no longer "practicing".

Frank F
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Be thankful for the bad things in life. They opened your eyes to the good things you weren't paying attention to before. email: thevoice@usa.com

[Jeffrey Kafer]

yeah, it probably time to shut down this conversation. I'm just as guilty, but we don't want to risk anyone here getting in trouble for dispensing with "legal" advice. The original thread has run it's course, so if there are no further on-topic discussions, I'm going to lock this.
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Jeff
http://JeffreyKafer.com
Voice-overload Web comic: http://voice-overload.com