VO-BB - 19 YEARS OLD!

tokyofan

A friend in Tokyo was watching a Japanese movie on DVD with her kids and was surprised to hear my voice a few times. A high school girl in the film is studying English and listening to a textbook audio recording with my voice...and I'm heard reading about 3-4 sentences in total throughout the movie.
The recording was previous 'educational' work I had done for a textbook publisher here and I don't know how it found its way into the film. Perhaps the movie's English consultant simply used the recording thinking nobody would find out. Or struck a deal with the publisher.

In any case, when I narrate for textbook CDs I'm paid an 'educational' rate and there's an understanding and implicit agreement that the recording will only be used on the CD and not in other media, i.e. a Hobo Tounge

s, TV, motion pictures, etc. But as freelancers there are no ironclad written contracts for each job.

Not knowing who the publisher is (but recognizing my voice) I'm trying to contact the movie studio (Toho Co. ltd.) and let them know....and to discuss getting appropriate credit and compensation. Hopefully, lawyers won't need to get involved.

The film is the 2014 release 'Kin Kyori Renai' (Close Distance Love).
Trailer: http://kinkyori-movie.jp/trailer.html
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Jen Gosnell · Posted: Tue Apr 28, 2015 2:39 am Post subject:

What a weird situation. Good luck, Chris!
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Bruce · Posted: Tue Apr 28, 2015 5:34 am Post subject:

Gee, on this side of the Big Pond the entertainment lawyer is the first person you see. Movie people here get a whiff of legal trouble here and they usually settle quickly. But the David and Goliath approach can work. At least it did for David.

B
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tokyofan · Posted: Tue Apr 28, 2015 6:36 am Post subject: UPDATE

I emailed Toho Co. Ltd. and they contacted the publisher about my recording being used in their movie. The studio where it was recorded then contacted me saying the publisher (their client) thought they had all rights and could allow the movie director to use it. Huh? The studio says their client should have asked my permission. The client is now asking for 'generous permission' and that we come to some agreement and that I sign a contract with the director.
So, what can I do here that fairly compensates me yet doesn't damage my relationship with the studio or client?
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Philip Banks · Posted: Tue Apr 28, 2015 8:17 am Post subject:

Nominal $500.

heyguido · Posted: Tue Apr 28, 2015 8:25 am Post subject:

Make no mistake... The publisher did not accidentally misunderstand the terms of their contract with you. They wrote it.

They just didn't anticipate this particular use case.

You have a unique opportunity here. You can get paid for the additional usage AND preserve your relationship by helping your client to save face, which is likely more important to them than the financial issue.

Choose wisely, grasshopper, and you may have your rice cake and eat it, too...

Ninja

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Yonie · CM Joined: 31 Aug 2011 Posts: 906

Culturally, Japan values principles and honor -- no clue regarding honesty. The fact that they have made a blunder such as this could be perceived as disastrous. Keeping face is everything.

Philip's suggestion feels on track.

melissa eX · Posted: Fri May 01, 2015 3:12 pm Post subject:

Maybe you could see what they have in mind. Though that could get dicey - saving face-wise - if it's far lower than what you'd ask for.

tokyofan · Posted: Fri May 01, 2015 7:01 pm Post subject: re:

It's the Golden Week holiday peroid in Japan and the end client isn't available until next week. I think i'm just gonna let them offer a 'seconday use' fee for now and hope it's reasonable. If it's insultingly low, I'll try to negotiate for more. But tough to know what's resonable without knowing how 'profit contribution' to a film is determined. Calculate seconds my voice is used in the film X a certian amount?

I could consult an entertainment lawyer but it's hundred of dollars just to sit down with them and another $2-300/hr.
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Frank F · Posted: Fri May 01, 2015 10:37 pm Post subject:

Yes the math is daunting. But another way to look at this would be: "How much do you charge for an International :60 second ad/TV/Video/Internet buyout (In perpetuity)"?

Once you have a general idea - add 30% and a basic fee for trying to get away with something.

Got it?

Now be prepared to take about 50% of that number as your usage fee.

FF
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tokyofan · Posted: Wed May 06, 2015 6:22 am Post subject: re:

The tricky thing is the recording wasn't made for the movie and there's not much of a 'performane' involved. It was originally a textbook CD recording of me reading sentences such as, "Which. This is the town which I was born."
So, it's a 'secondary use' situation that they should have contacted me about from the get-go. If they insist I start negotiations, I'll ask for between $500-$1000. Will report back.
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tokyofan · Posted: Sun May 31, 2015 5:40 am Post subject: re:

This is the first scene where my voice is used in the film:
https://www.youtube.com/watch?v=5AHSX-oehbY

It's used two more times in similar fashion.

The recording studio is still trying to negotiate with the publisher but they don't seem eager to pay anything. In fact, they maintain they mentioned the movie on the day of the recording. Nope.

I'm going to consult with an entertainment law firm in Tokyo.
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www.chriskoprowski.com/en

tokyofan · Posted: Sat Jun 06, 2015 8:32 am Post subject: re:

I ended up settling this with the recording studio for a modest sum that was under $500. Lawyers here charge $100-$200 for an initial consultation and another $1000-$1500 to do any work. Without knowing what I stand to gain I felt it was easier just to accept the money and avoid litigation. It would have been nice to get credit though.
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FinMac · Posted: Sat Jun 06, 2015 10:15 am Post subject: good to hear

Good to hear you got some compensation, Chris! Smile

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