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Old 04-12-2014, 02:15 AM   #1
MarcFreccero
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Copyright Issues?

Hey guys! Quick question - I hired some people on Fiverr to do a couple vocal samples for me and I'm using them in my song. I was wondering if there is any legal issues I could run into - I already paid them so it's a done deal, but the last thing I want is to release the songs and one of them to say something. I doubt that would happen, but I would rather be safe than sorry.

Is there any legal issues I could run into? And if there are, is there any form that I could send them (like a release form) to eliminate any possibility of a future problem?

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Old 04-12-2014, 02:20 AM   #2
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Re: Copyright Issues?

copyright is only an issue with music or words that have been registered by another artist/company. If their voice is not used in any other recording, it's not a copyright issue.

If you paid them and made it clear that you were going to use their voice in your track and they agreed with it; there shouldn't be any problem. If they'd signed a contract of some sort, it could've had you secured.

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Old 04-12-2014, 02:20 AM   #3
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Re: Copyright Issues?

You should be good, as long as you don't promise royalties to the artists via Fiverr's terms of use or if you personally discussed the terms with the artists you've hired.

Also assuming the work they did for you isn't owned by Fiverr for being hosted on that website? (Or wherever the files were hosted)

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Old 04-12-2014, 03:07 AM   #4
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Re: Copyright Issues?

I never specifically stated that I was going to use their voice in a track, although I hired them because they had a unique voice (they advertised themselves as having a "movie preview" voice). So I feel like it's almost implied that people are going to use the voice for personal/business use, although it's not explicitly stated
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Old 04-12-2014, 04:15 AM   #5
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Re: Copyright Issues?

Quote:
Originally Posted by MarcFreccero View Post
I feel like it's almost implied that people are going to use the voice for personal/business use, although it's not explicitly stated
By people using the voice for personal/business use, Are you referring to others outside of the owner(s) of the intellectual property?

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Old 15-12-2014, 02:15 AM   #6
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Re: Copyright Issues?

Man, why don't you read the terms of use on Fiver? Probably the best place to get your answers about their policies. Took me five seconds and I'm not even a member.

Quote:
Originally Posted by MarcFreccero View Post
I never specifically stated that I was going to use their voice in a track, although I hired them because they had a unique voice (they advertised themselves as having a "movie preview" voice). So I feel like it's almost implied that people are going to use the voice for personal/business use, although it's not explicitly stated
No, it's implied that the artist's voice is of a quality that could be used in a movie preview. There is no implication of an expectation of commercial use.

Fiver's terms of service are pretty weak though. There's a lot of assumptions and very little consideration being given to intellectual property rights. (emphasis added)

Quote:
Ownership and limitations: Unless clearly stated otherwise on the sellers Gig page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Note: some Gigs (including for custom created work) charge additional payments (through Gig Extras) for commercial use. This means that if you purchase the Gig for personal use, you will own all rights to the delivered work without purchasing the Extra. If you intend to use it for business purposes, you will need to buy the Extra.
Source: https://www.fiverr.com/terms_of_service

A couple of terms to understand.

Personal use: means that you use it in a private setting. Like reading a book at home or listening to a song on your iPod.

Business use: means anything that is not personal use. Like using a vocal in a track or distributing copies to anyone but yourself.

So unless you're just listening to the vocal without doing anything else to it you should check the artist's terms and see if you need to purchase an extra "gig" (fuck that's a stupid term).

I still wouldn't feel too comfortable about using a service like this for creative work though. The licensing agreements are not exactly set in stone. I'd rather pay a real wage and get signatures than rely on strangers who could change their mind at a whim and screw you on mechanicals or whatever else they can think of. (Google: Les Djins).

Always have copies of your standard release form and always get signatures...
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Old 15-12-2014, 02:18 AM   #7
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Re: Copyright Issues?

And put it this way. Say you used that vocal in a track and the track blows up and ends up in the Billboard Top Ten or something like that. These terms don't really protect you. The artist could definitely sue for compensation for mechanical rights at the least, and probably intellectual property rights as well if there was any kind of free style or autonomy to their performance.
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Old 15-12-2014, 02:45 AM   #8
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Re: Copyright Issues?

I definitely understand - where can I get a standard release form?
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Old 15-12-2014, 03:13 AM   #9
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Re: Copyright Issues?

Check with your local performing rights associations. They will have copies of standard legal contracts applicable to the local industry.

I'd also review the seller's terms on fiver and perhaps get in direct contact with them to ask them what their thoughts are about how you're going to use their music.

That's why I'm hesitant about services like fiver because I honestly think speaking directly to people gets better results and results in a transaction that is fair on both parties.
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Old 15-12-2014, 03:45 AM   #10
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Re: Copyright Issues?

Luckily I can contact them directly, so what I was thinking of doing is just contacting them and having them sign the form right now (before I release anything)
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Old 19-12-2014, 11:17 AM   #11
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Re: Copyright Issues?

Quote:
Originally Posted by Jaded View Post
I'd rather pay a real wage and get signatures.
And I thought this attitude died with dubstep!

I mean, yeah. This is EXACTLY how you should go about working with other musicians.

Especially vocalists, they're squishy and need to be reassured that what they're doing is in fact art work, and that they're not just these machines that sit around until someone googles "free acapella"

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Old 19-12-2014, 12:29 PM   #12
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Re: Copyright Issues?

Wait, dubstep is dead?
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Old 19-12-2014, 12:40 PM   #13
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Re: Copyright Issues?

Don't say that man, dubstep is LIFE

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