VO-BB - 20 YEARS OLD!

Fran McClellan · Posted: Sun Feb 20, 2011 4:46 pm Post subject: Video voiceover samples

Hi everyone! I'm wondering about the rules of etiquette when using video samples of completed projects I have voiced.

Some of the clients I have worked for have posted completed projects on YouTube and various other sites that showcase their work. Is it customary to ask permission before putting these samples on my own site? I have seen many other voice talent do this and was just wondering how others go about it.

Thanks in Advance!
Fran
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Jeffrey Kafer · Posted: Sun Feb 20, 2011 4:51 pm Post subject:

Always, always ask, in writing, for permission to use content you've recorded for a client.
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glenspot · Posted: Sun Feb 20, 2011 7:59 pm Post subject: Re: Video voiceover samples

Jeffrey Kafer · Posted: Sun Feb 20, 2011 10:04 pm Post subject:

The TOS of YouTube does not supercede any NDA you might have signed, or other agreement. There's a difference between a company posting it's video online and you embedding it on your website saying "I made this!"

I got in trouble with a client for simply *mentioning* in my newsletter that I had done XYZ project with them for a third party client.

Always, Always ask permission. Never assume that you may use their copyrighted content for your own advertising.
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glenspot · Posted: Mon Feb 21, 2011 6:13 am Post subject:

todd ellis · Posted: Mon Feb 21, 2011 7:40 am Post subject:

clearly, best to ask - i recently put together 3 video-clip demos for my site. i asked all concerned for permission and ONE said "no" - so - better to lose a slice of a demo than a client.
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Fran McClellan · Posted: Mon Feb 21, 2011 9:39 am Post subject:

Thanks everyone! I actually like the idea of creating 1 video reel comprised of many clips as opposed to embedding each separately (once I figure out how to do that . Gasp

). I have a session with one of the clients later today, so I will ask if they have some time to discuss that as well and will get some e-mails out to the other producers to ask for their permission. I would feel more at ease asking first, but was curious as to what others were doing (specifically about embedding from YouTube).

Thanks again! Smile

Fran
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Bob Bergen · CM Joined: 22 Apr 2008 Posts: 979

Most working actor's audio demos consist of real spots. We always ask for a copy at the time of work, but often the buyers fail to send. Thanks to YouTube and DVRs we can grab our work to update demos. Rarely does anyone ask permission. The proper thing to do is to not use anything for promotional purposes until it airs. But I think there's a recent bit of legal paranoia regarding usage of actual material for demos and whatnot. No one gets sued for this. Never in the history of broadcasting has anyone been sued for using a clip on a demo. Now, you can't broadcast or sell your demo. But all a demo does is demonstrate your abilities as an actor. On camera actors use clips for their reels all the time without permission. It's a selling tool, and the buyers don't give it a second thought.

Jeffrey Kafer · Posted: Mon Feb 21, 2011 2:48 pm Post subject:

Bob, let me reiterate the part above where I mentioned that I got in trouble with a client for mentioning the work I had done. This is not a hypothetical that I imagined. I'm not a lawyer, but I'm pretty sure that an NDA will supercede any terms of service that YouTube has, had they posted the video there.

Granted I wasn't "sued" but that's not the only negative outcome that can arise. A pissed off client who doesn't re-hire you is almost as bad.
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Bob Bergen · CM Joined: 22 Apr 2008 Posts: 979

These are 2 different issues.I think it goes without saying an actor should honor a NDC. Rarely are we asked to sign them. I may be asked about a half a dozen times a year. But if a buyer asks for this, then the agreement needs to be honored. I will rarely even discuss a project until it airs, with or without a NDC. The day to day vo commercials that do not ask for a NDC is what I'm referring to. People are scared to death to not only use clips of real work for a demo, but they are paranoid to even use real copy or magazine ads on their demos for fear they will be sued. It ain't gonna happen, folks. And most people are not seasoned copy writers. It's always better to demonstrate how you interpret contemporary real copy than write your own for fear of pissing off a buyer.

Jeffrey Kafer · Posted: Mon Feb 21, 2011 3:18 pm Post subject:

no doubt, I'm being paranoid. After all, I've got dozens of videos on my YouTube channel that I've done for clients and never asked permission for. I, too, assumed that if it was on YouTube it was fair game. And that indeed may be the case in 99% of the circumstances.

But that one email from a client slamming me for breaking NDA made me rethink this strategy. Now I err on the side of caution. Your mileage may vary.
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