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Can anyone tell me if it legal to use a message from an answering machine without getting permission from the person who left the message?

Thanks.

Why won't he/she give you permission?

It's probably one of those situations where you own the physical medium (the answering machine tape or chip) but the other person owns what's on it (the message).

Bowman wrote:It's probably one of those situations where you own the physical medium (the answering machine tape or chip) but the other person owns what's on it (the message).

My thinking on this is, by leaving a message, the person leaving the message is aware of being recorded, and therefore, is granting permission by implied consent. Thoughts?

Thanx

rn

johnnytucats wrote:Why won't he/she give you permission?

My question was hypothetical. I should clairify that the party leaving said message would not be informed of the recording's use...at least, not until said party hears it on the radio for example.

rn

You need a standard release form signed but the odds of them catching it are slim i would think.

Your answering machine greeting could include a proviso that the caller's message may be used on the next mega hit without obligation to the caller. If the caller doesn't agree, they are free to hang up.

Though, the law of unintended consequences suggests this will attract telemarketers looking for a larger audience

Timeline wrote:You need a standard release form signed but the odds of them catching it are slim i would think.

Yea, I suppose a standard release form is probably the least litigious route. I would hope that, if I did use the recording, the tune I would use it in would be a hit, and the person leaving the message would be all too aware of their own voice.

Thanks for the input,

rn

qo wrote:Your answering machine greeting could include a proviso that the caller's message may be used on the next mega hit without obligation to the caller. If the caller doesn't agree, they are free to hang up.

Though, the law of unintended consequences suggests this will attract telemarketers looking for a larger audience

That's it! I'm changing my outgoing message! I thought about this one, and I think you're right on track. As far as telemarketers, I went to donotcall.gov and they are SO gone. Whew!

Thanks,

rn

Intellectual property is a moving target... there are many issues, like yours, and those dealing with emerging technologies, which may not have been addressed yet. So, the courts look to parallels for guidance.

If you took a photo of George Clooney at a public event, and used that photo in an ad, he could sue you, because the courts have already established that a person owns the rights to profit from their own likeness. It's not a stretch to apply that concept to voice recordings.

Unless your mix would qualify as "news" (which is how say Entertainment Tonight gets away with using likenesses), you probably don't qualify for Fair Use.

As always, check out copyright.gov for specifics (USA).

You need a standard consent form signed and witnessed. Period. I have seen the law suits and it is just as bad if not worse than the "sampling" issue of the late 80's. That is basically what you are dealing with except that instead of copyright law it is a comvination of copyright and personal ownership of likeness. If you profit and don't have the form, might as well double that profit and hand it over to the other party. Just ask any film industry person... Why do you think everyone you see AND hear in a film is PAID?...

I've actually used a phone message in a song (lol)...

I'm going to do an educated guess and go with the guy on implied consent. The messaging party KNOWS they are being recorded on medium they do not own. Maybe I'll pass this to an industry attorney for an opinion.