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JimRon
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Scott Pollak
The Gates of Troy
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 Posted: Mon Nov 01, 2010 7:55 pm Post subject: |
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1) This is another example of why I have such a problem with these leads where clients want someone who "sounds exactly like (insert celebrity name here...) It's dishonest and unethical, I think, unless you clearly state "celebrity impersonator". If you want the guy's voice, hire the real guy.
2) And it's why I hate politics. Are there any honest, upright politicians in existence anymore? Are there any campaigns WITHOUT mud slinging? It's pathetic.
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Scott R. Pollak
Clients include Pandora, NPR Atlanta, Wells Fargo, Cisco, Humana, Publix, UPS, AT&T, HP, Xerox and more.
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Jeffrey Kafer
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Moe Egan
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| Posted: Tue Nov 02, 2010 5:09 am Post subject: |
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Jeff...that's the first thing I thought of too. Wonder if it was him voicing the spot?
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Moe Egan
i want to be the voice in your head.
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JimRon
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| Posted: Tue Nov 02, 2010 7:28 am Post subject: |
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According to the campaign they were "mislead". I think the only ones mislead were the voters.
If Morgan Freeman were going to support his campaign, don't you think he would have said "This is Morgan Freeman" somewhere in the spot?
I agree, Scott. They should have put that disclaimer in. Or better yet, not use an impersonator at all. Wonder what kind of legal trouble (if any) they could get into for doing this?
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Jim Feldman
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Moe Egan
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| Posted: Tue Nov 02, 2010 7:41 am Post subject: |
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I wonder if the voice actor could be in trouble?
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Moe Egan
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JimRon
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| Posted: Tue Nov 02, 2010 8:59 am Post subject: |
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Good question. Here at the station we were given commercials for political candidates that I thought were infringing on trademarks. One was a complete rip off of the Mastercard "Priceless" campaign, the other a rip off of the game show Jeopardy.
The first one came to us produced from the candidate; the second one we were given a script and had to produce it; it was from a third party endorsing a candidate. I had spoken to someone at the NAB and he said the station couldn't be sued for the spot sent by the candidate, but the candidate could be sued. For the spot we produced we could be sued.
Since he was just hired to voice it I'd say no. Looks like those who produced it would be in trouble.
Which brings up a good question, as a VOer should you assume that the copy you've been hired to read has passed legal muster?
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Jim Feldman
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Lee Gordon
A Zillion
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| Posted: Tue Nov 02, 2010 9:33 am Post subject: |
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I'm not sure the voiceoverist himself could find himself in much legal trouble, but the producers are almost certainly wide open to being sued by Mr. Freeman. Among other things, there was no "celebrity voice impersonated" disclaimer, not that that would have made any difference. But there have been numerous cases of the estates of deceased celebrities successfully suing advertisers over the use of their likenesses and voice impersonations. It's hard to imagine a living celebrity wouldn't have at least as much legal right to protect his own persona from unauthorized use and the subsequent implied endorsement.
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Lee Gordon, O.A.V.
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Mike Harrison
M&M
Joined: 03 Nov 2007
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Location: Equidistant from New York City and Philadelphia, along the NJ Shore
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| Posted: Tue Nov 02, 2010 11:22 am Post subject: |
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The voiceoverist should by all means take steps to protect himself, as he was the supplier of the voice. Not that the producer is free of responsibility, but can the voiceoverist be 100% certain the producer will hold him completely harmless? I wouldn't think so.
I haven't heard the spot, but if it is in fact a 'dead-on' Morgan Freeman, it is Mr. Freeman's 'image' that is being used without his permission; people will assume it is him.
However, if this spot is already airing, it may be too late for the VO to protect himself, unless the producer will sign something that releases the VO from any legal ramifications.
I've discussed this on several occasions with Robert Sciglimpaglia (attorney and swell VO guy), and he'll probably chime in here, too, eventually.
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Mike
Male Voice Over Talent
I have taken leave of my sensors.
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Bruce
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Location: Portland, OR
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| Posted: Tue Nov 02, 2010 11:38 am Post subject: |
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As we've discussed before the VO talent's chance of being sued is near zero...he merely provided a service (the painter who paints an offending billboard doesn't get sued). The producers, the campaign, and the candidate who "approved this message", they're clearly in the line of fire if someone decides to launch a legal missile.
B
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I'm not a Zoo, but over the years I've played one on radio/TV. . |
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Mike Harrison
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Location: Equidistant from New York City and Philadelphia, along the NJ Shore
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| Posted: Tue Nov 02, 2010 12:56 pm Post subject: |
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| Bruce wrote: | | As we've discussed before the VO talent's chance of being sued is near zero...he merely provided a service. |
I'm certainly not doubting you, Bruce, but I'd love it if that really were the case. It's just that within the last year I was strongly urged by an attorney to compose and ask the client to sign a 'hold harmless' release... especially because it was pretty obvious the production company was not going to do anything to protect me. It turned out the client wanted what he wanted, but was not willing to sign a release.
Maybe it varies from state to state.
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Mike
Male Voice Over Talent
I have taken leave of my sensors.
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Mike Harrison
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| Posted: Tue Nov 02, 2010 1:47 pm Post subject: |
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An addendum:
Well, maybe the talent is off the legal hook. I just did a little checking, and here's what I found on the website of Washington DC law firm Lerman Senter, PLLC:
| Quote: | "Celebrity voice imitation, while similar to parody, is covered by laws relating to an individual's rights to privacy and publicity, rather than copyright law. Individuals have the right to control the use of their names and likenesses for commercial advantage and can sue a station or advertiser for violating such right. The term 'likeness' also extends to sound-alike imitations, which have in the past permitted well-known vocal performers to sue advertisers who mimicked their voices in commercials. The availability and scope of this right varies considerably from state-to-state but is particularly strong in states with established entertainment industries, such as New York and California. Both programming and sales personnel should be aware of the danger of inclusion of celebrity voice imitations in on-air material, particularly in commercial spots. In cases where the imitation is not obvious, stations should consider including a disclaimer (e.g. "All celebrity voices impersonated"). Any questionable material should be reviewed by counsel prior to airing. An example of the applicability of the celebrity voice imitation principle follows:
Example: An American car company obtained the rights to Bette Midler's song "Do You Want to Dance?" for a television commercial. After Midler declined the company's offer to perform the song in the commercial, the company hired Midler's former back-up singer and instructed the singer to sound as much as possible like Midler. Midler sued and won. The court held that Midler's right of publicity had been violated. The company was trading on consumers recognizing Midler's voice to help sell its cars." |
What with McDonalds being successfully sued recently for contributing to the obesity of a former employee, litigation seems to be our new national pastime. People like to sue everyone involved in a dispute. And even though a voice imitation case against a voice talent will probably be thrown out of court, who has the desire, time and money to deal with the aggravation leading up to that eventual decision?
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Mike
Male Voice Over Talent
I have taken leave of my sensors.
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JimRon
Club 300
Joined: 09 Mar 2007
Posts: 369
Location: Rockland Cty, NY
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| Posted: Tue Nov 02, 2010 1:56 pm Post subject: |
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Mike,
Thanks for the link.
In one of my past conversations with one of the guys from the NYSBA, he had said to me you can really no longer plead ignorance anymore. For a producer of a commercial, it's their responsibility to know what is legal and what is not.
Especially these days... you're right: litigation is the new national pastime.
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Jim Feldman
www.jimfeldman.us
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