Legalities / Ethical implications of sound-alike VO talent?

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Legalities / Ethical implications of sound-alike VO talent?

Post by James Steele »

Just wanted to throw open this topic if anyone would care to comment. I saw a video from a local producer I know that utilized a narration voice talent that sounded very much like a very famous movie actor. This actor has a very distinct voice and probably makes BIG bucks for voiceover sessions. It seemed obvious to me that the intention was to give the impression that the narration was indeed done by said famous actor (I'd rather not name names here). Isn't this pushing the limits of ethics and/or the law. Otherwise, how many people might try and go into business if they can sound like a celebrity or actor, and do voiceover work?

Something might not be kosher, else why would you sometimes hear the disclaimer "celebrity voice impersonated" on the radio, etc. during certain ads?
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by buzzsmith »

I know that Bette Midler won a substantial amount from Ford years ago. I understand that she declined the "jingle" so Ford (or the agency) hired a sound alike.

Bette took 'em to court and prevailed...eventually under tort law.

http://www.law.du.edu/documents/sports- ... tor-co.pdf

FWIW,

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Re: Legalities / Ethical implications of sound-alike VO tale

Post by stubbsonic »

I vaguely recall a commercial with a "woody allen" type actor. I think there was some legal trouble for them as well.
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by FMiguelez »

I don't know... This doesn't make much sense. How can someone take someone to court for having a similar timbre of voice?

In that case, what would prevent an unknown person to sue a famous actor for exactly the same charge? Wouldn't it be the same? Human voices were given by nature, so I don't think there's anything wrong there. Not at all! Imagine Billy Hillie suing Harrison Ford because he sounds just like he does? The charge: Being born with a given voice?

It wouldn't be too different to sue someone for looking like you... Or sounding or smelling like you :?

How many timbres of voice can a human mind clearly distinguish anyway?
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by buzzsmith »

FM, the way I understand it in Bette's case, is that the former background singer of hers was asked to "sing it just like Bette" which is a form of impersonation hence how she eventually won the tort case.

IOW, the "public" would have been under the impression that Bette was endorsing Ford products, which she was not and had refused to do.

Don't know if that helps!...

Did you read the link? It kinda explains it a lot better than I! :)

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Re: Legalities / Ethical implications of sound-alike VO tale

Post by buzzsmith »

BTW, that would be interesting to know regarding voice timbres but it seems like I recall we can identify thousands of various formants. Now I'll have to Google that!
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by bayswater »

FMiguelez wrote:In that case, what would prevent an unknown person to sue a famous actor for exactly the same charge? Wouldn't it be the same?
One would have a better argument for damages than the other.
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by MIDI Life Crisis »

It probably relates more to trademarks than other aspects. You can get away with parody impersonation but there is value connected with endorsements.
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by FMiguelez »

buzzsmith wrote:FM, the way I understand it in Bette's case, is that the former background singer of hers was asked to "sing it just like Bette" which is a form of impersonation hence how she eventually won the tort case.

IOW, the "public" would have been under the impression that Bette was endorsing Ford products, which she was not and had refused to do.

Don't know if that helps!...

Did you read the link? It kinda explains it a lot better than I! :)

Buzzy
I meant my response to voice overs and normal speech, like James mentioned. But in the case of a singing voice, like your link reads, then I absolutely agree that the imitator can (and probably should) be sued. sHe is imitating and "interpreting" someone, so that's to be expected.

But with normal speech, like in VOs? That I don't agree with.
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by buzzsmith »

FMiguelez wrote: I meant my response to voice overs and normal speech, like James mentioned. But in the case of a singing voice, like your link reads, then I absolutely agree that the imitator can (and probably should) be sued. sHe is imitating and "interpreting" someone, so that's to be expected.

But with normal speech, like in VOs? That I don't agree with.
I know that on radio and TV here, I often hear the disclaimer (very quickly said at the end of the ad I might add) that the impersonated voices were those of an actor, not the actual person. One that comes to mind is Frank Caliendo. Pretty talented!

http://www.frankcaliendo.com/

(A nice Sunday diversion, BTW!)

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Re: Legalities / Ethical implications of sound-alike VO tale

Post by James Steele »

Good example, with Frank Calliendo. I'd think that if he did a commercial using his John Madden voice and the commercial had any sort of football theme, it could be argued that (lacking the disclaimer) it was meant to mislead the viewer into assuming the product was endorsed by John Madden himself.
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by FMiguelez »

bayswater wrote:
FMiguelez wrote:In that case, what would prevent an unknown person to sue a famous actor for exactly the same charge? Wouldn't it be the same?
One would have a better argument for damages than the other.
Yeah, better arguments by the one who can pay the big shot lawyers. But if all things were equal, it couldn't be really be done. Who's imitating who?
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by bayswater »

FM, I mean that the original might be able to make a more compelling argument about direct loss of income to the imitator.
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by b.g. »

Back in the ‘70’s, my dad told me about a radio guy who was sued by Bing Crosby because he sounded like Crosby. The radio guy insisted he wasn’t trying to imitate, that was just his normal voice. I found the story:
http://news.google.com/newspapers?nid=8 ... 15,6294253
I didn’t know this part until looking it up today: turns out the guy counter-sued Crosby and won a settlement.
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Re: Legalities / Ethical implications of sound-alike VO tale

Post by stubbsonic »

Let's draw up a crisp hypothetical scenario.

Say an advertiser wants Don Wrickles to do an ad for adult diapers. Wrickles says "I will do it, as I love your products, but it will cost you $500,000 -- mainly for the toll it will take on my reputation. Rather than being seen as Vegas's consummate performer, -- never mind the incontinence part-- I will be seen now as an person who has sold out and now does product endorsements."

The advertiser declines because of the cost, but instead actively seeks a Wrickles impersonator. Now Wrickles's reputation takes the hit, but he sees none of the financial gain. The advertiser and manufacturer make money from the Wrickles brand with no benefit going to the person who built the brand.
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