Legal Question-Using someones Voice recordings

JoeMeisterJoeMeister Member Posts: 602
in Working with GS (Mac)
I saw some apps that just play back what somebody said in a Movie like Arnold Schwarzeneggers "I'll be back".
Thinking of doing something like this with a TV show from England I like.
Do I have a legal issue?

Thanks

Comments

  • BoomshackBarryBoomshackBarry Member Posts: 712
    I suspect that most games that use other peoples media (soundboard apps, guess the logo etc) aren't strictly legal, but the developers get away with it because nobody challenges them over it. I'd say it's a gamble, and you'd have to be prepared to withdraw your app if you get a cease and desist sent your way. That's just my opinion, not based on any facts though.

    PS I'm from England, what TV show?
  • JoeMeisterJoeMeister Member Posts: 602
    The one and only: Top Gear
  • jamie_cjamie_c ImagineLabs.rocks Member, PRO Posts: 5,772
    If you haven't read up on it you might want to check out some info on sampling:

    http://en.wikipedia.org/wiki/Sampling_(music)

    I'm no authority but like @BoomshackBarry says, just be prepared to remove your app if it becomes a problem.
  • BoomshackBarryBoomshackBarry Member Posts: 712
    Awesome show :D

    I hope someone with some real insight can provide you some guidance on the legalities, but I reckon a top gear soundboard would be great! Good luck.
  • The_Gamesalad_GuruThe_Gamesalad_Guru Member Posts: 9,922
    Although one may not get caught, we as creative developers rely on copy protection of our material. It seems to me only moral to give other artists the same respect in kind. If you rip off others to profit from their work don't complain if your work gets ripped off either.
  • Alembic_SoftworksAlembic_Softworks Member Posts: 114
    @JoeMeister - sorry for the lazy link to Wikipedia, but in short, there's an entire branch of law devoted to internet/technology and intellectual property, including use of words, phrases, statements, etc. If you stand to make a cent off of using a sample that isn't explicitly public domain, get permission in writing from Top Gear.

    http://en.wikipedia.org/wiki/Intellectual_property
  • JoeMeisterJoeMeister Member Posts: 602
    Thanks Guys. Your Input is much appreciated.
  • SocksSocks London, UK.Member Posts: 12,822
    You will need the rights to use the 'mechanical'.
  • LeonardDeveloperLeonardDeveloper Member Posts: 4,630
    edited May 2013
    Not very understanding of UK Law or Copyrights to International Media,

    But here in Ireland - Your not liable for any fines of using the third party content if you place a disclaimer, However you are liable to cease and disist

    Could be very similar in UK, As TG is produced by BBC - Have a look at some the BBC's PR guidelines and T&C's - That's always useful

    Awesome show - Loads of game have used 'the stig' and VoiceOvers already from TG, I'd say you'd get away with it - But it's like someone using your sprite/graphic per sé: How would you feel about that,

    "Always stand in someone else's shoes and walk around in them..." before you make a judgement

    Good Luck :-)
    J
  • lewisonelewisone Member Posts: 48
    Here is my thoughts. I wouldn't use these samples, or try to duplicate them yourself. HOWEVER... If your game made it big enough for Arnold Schwarzenegger to spend the time to give his lawyer a call to mail you a certified letter to stop using his voice: Super Duper Kudos to you for creating a game that gets noticed. The greatest thing ever is to get that kind of press. That said, in my experience if you comply to a cease and desist letter from their lawyer, they really can't do much to come after you: You can always change it later if needed.
  • SocksSocks London, UK.Member Posts: 12,822
    edited May 2013
    But here in Ireland - Your not liable for any fines of using the third party content if you place a disclaimer, However you are liable to cease and desist . . . .
    . . . in my experience if you comply to a cease and desist letter from their lawyer, they really can't do much to come after you . . .
    This is great news for all the pirates out there . . . :ar! . . . you can apparently copy, manufacture, distribute and sell as many copies of the new Coldplay album / Call of Duty DVD / Photoshop / TopGear DVD (etc) as you can, make as much money and as quickly as you can before the cease and desist order is served, if you keep your manufacturing and distribution channels relatively clandestine you can probably keep the operation going for months before being closed down . . . . and seeing as there are no fines and 'they can't do much' then you get to keep the profits !!!

    :))

    Yeeaaahhh!! Party time, free money, performing rights, copyright, designs and patents act is open season !!

    [starts up his CD burner . . . . :ar! . . . ]

    But seriously ! . . . Firstly the idea that ". . . Your not liable for any fines of using the third party content if you place a disclaimer . . ." is mistaken as the only real defence you have against copyright infringement in court is being an 'innocent defendant' (that's to say you were unaware that the work you 'borrowed' was under copyright), placing a disclaimer in your work shows you were aware that the work was under copyright negating an 'innocent defendant' defence should the copyright holder come after you.

    Secondly the idea that ". . . if you comply to a cease and desist letter from their lawyer, they really can't do much to come after you . . . " is also mistaken, infringement of copyright is a criminal offence, actionable through the courts, with numerous options available to the court (injunction, account of profits, payment of profits etc), but first the rights holder must stop your use of their works, the suggestion here seems to be that if they issue a cease and desist order they automatically forgo the right to seek damages (or other remedy) ? That would be a weird way to structure the law !

    I know the OP wants to use just a voice recording and is not wanting to press up 50,000 copies of Photoshop, but the same laws apply to copyright works, whether it's a piece of software, song, book, TV program, film or design.
  • BluemoonstudiosBluemoonstudios Member Posts: 156
    Hi @JoeMeister I have trying to find these answers also and I came across this thread for legal copyright advice. Its a bit long but I think it should answer your question.

    Question:
    Hello,I am thinking about developing a trivia app game to submit to the Apple App store. One of the features of my trivia App will be for users to choose different "question packs" with various topics. I am planning on having the usual subjects covered like General Knowledge, Science, History, etc. But I also want to include question packs about pop culture such as "80's Music", "TV Shows", etc. As well as question packs about specific media franchises like "Star Wars" and "Star Trek". Some of the questions will be video or audio related. For example, I want to play 4-5 seconds of an 80's song, and then the user has to choose who the singer was from the multiple choices. Or, show an image of Darth Vader, and the user has to guess the name of that character, etc.

    I've asked this question to several people already, and no one seems to know for sure what the rules are. Some say that this might fall under "fair use", and it is okay to use. Others say that I will be violating copyrights and might get sued, etc.

    Searching for this topic on the internet has also gave me mixed results. Again, different opinions from different people about what the laws are regarding this.

    Another thing I should mention is the fact that there are numerous trivia apps already in the App Store that are showing copyrighted images, and playing copyrighted music as part of their questions. Some are blatantly open about it (like the Justin Bieber trivia App, or the 80's Music trivia app, etc). I doubt if they are authorized or are paying royalties to the music industry, etc.

    My app will not be specializing on a specific subject (like "80's music", or "Star Trek", etc). But rather, the users will be able to load those specific subjects in the form of various "question packs" that I will make available.

    So to summarize...will I be violating copyright laws by using a few seconds of a song to form questions, or an image from a famous movie, etc. Also, what about using just the names of famous characters like "Darth Vader" or "Captain Kirk"...are these names themselves illegal to use without permission?

    Any advice and clarification would be very much appreciated.

    Answer:
    'Fair use' would be very difficult to argue in your case, since your use is obviously commercial, and the entire commercial nature of your app revolves around the use of copyrighted material. If your questions were merely worded questions without the use of photos, stills, quotes, images, clips, lyrics or any other copyrighted material, it would be fine, but your use of materials owned by others would require you to obtain permission first from each copyright owner.

    I suspect that those app developers you mention would have, if they are astute businesspeople and interested in doing business legally, obtained permission to use such music, lyrics or images first.

    Did you hear of the lawsuit last year on the app game 'Joustin Beaver'? In that case, the use of Justin Bieber's 'look' could reasonably be considered as fair use (parody), but even then, Bieber's managers threatened to sue the developer, and the developer beat them to the gun by suing first. Copyright owners can be overly protective even in cases of fair use, and it never hurts to at least try to obtain permission even if your use falls under the exceptions in fair use. In your case, your app will not really even be considered 'fair use', hence permissions would be required.

    I suggest that you consult an IP lawyer prior to developing and certainly prior to selling your app.
  • JoeMeisterJoeMeister Member Posts: 602
    I made the App anyway...cause I love the show. It was rejected by Apple (twice).
    Again it was more for personal pleasure then anything else.
    Here it is for all of you Top Gear Fans. Looks cool once you install it on an iPhone.
    https://www.dropbox.com/s/wp9vwas9i5w9888/Jeremy.mov
  • JoeMeisterJoeMeister Member Posts: 602
    So sorry. I posted the wrong link. Just noticed. Here is the right one. Enjoy.
    https://www.dropbox.com/s/w1f0w0x80507gsp/Jeremy Said.zip
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