The short answer is: it depends. Using someone’s voice from an interview in your film requires careful consideration of copyright law, right of publicity, and ethical obligations. Obtaining explicit permission is crucial to avoid legal repercussions and maintain professional integrity.
Understanding the Legal Landscape: Voice, Copyright, and Right of Publicity
The seemingly simple question of using an interview excerpt quickly becomes complex when you delve into the legal framework surrounding intellectual property and individual rights. Two primary areas of concern arise: copyright and right of publicity.
Copyright Implications
Copyright law protects original works of authorship, including literary, dramatic, musical, and certain other intellectual works. While the interviewer typically owns the copyright to the recorded interview itself, the interviewee owns the copyright to the expressive content of their speech – their unique phrasing, style, and delivery of information.
Therefore, you need to consider who holds the copyright to the specific words and phrases you intend to use. If the interviewee’s speech is sufficiently original and contains a level of creative expression, their permission (or that of their estate if deceased) is likely required. This becomes especially pertinent if the interview is used for dramatic effect or to convey a specific message in a way that highlights the interviewee’s unique voice and perspective.
Right of Publicity Considerations
The right of publicity protects an individual’s right to control the commercial use of their name, likeness, voice, and other aspects of their identity. This right prevents unauthorized exploitation of an individual’s identity for commercial gain. Using someone’s voice without their consent, even if the interview predates the film project, could be construed as a violation of their right of publicity, particularly if the film is commercially distributed or generates revenue.
State laws vary considerably regarding the right of publicity, with some states offering stronger protections than others. The duration of this right also varies, with some states extending protection even after an individual’s death, known as post-mortem publicity rights.
Securing Permissions: The Essential Step
Obtaining explicit permission from the interviewee (or their estate) is the most prudent course of action. This permission should be documented in a written release agreement that clearly outlines the following:
- The specific excerpt(s) being used: Be precise about which portions of the interview will be included.
- The intended use of the excerpt(s): Describe how the interview will be incorporated into the film and the overall context.
- The duration of the license: Specify the length of time you are granted permission to use the material.
- Territorial rights: Define the geographical regions where the film will be distributed.
- Compensation (if any): Clearly state whether the interviewee will receive any financial compensation for the use of their voice.
- Credit: Outline how the interviewee will be credited in the film.
Factors Influencing Permission
The likelihood of obtaining permission can depend on several factors, including:
- The nature of the film: Is it a documentary, a fictional narrative, or something else?
- The interviewee’s stance on the film’s subject matter: Do they support the film’s message or viewpoint?
- The intended use of the interview excerpt: Is it used respectfully and accurately, or is it used to misrepresent or defame the interviewee?
- The interviewee’s public profile: Are they a public figure, or a private individual?
Ethical Considerations: Beyond the Legalities
Even if you believe you can legally use an interview excerpt without explicit permission, ethical considerations should always guide your decision. Using someone’s voice without their consent, even if legally permissible, can damage your reputation and undermine the credibility of your film.
Consider the following ethical questions:
- Does using the interview excerpt without permission violate the interviewee’s trust or privacy?
- Does it accurately represent their views and intentions?
- Could it cause them harm or distress?
- Is there a compelling reason why you cannot obtain their consent?
Frequently Asked Questions (FAQs)
Here are some frequently asked questions that provide further clarification on the topic:
FAQ 1: What if the interviewee is deceased?
If the interviewee is deceased, you’ll need to contact their estate or heirs to obtain permission. Many states have post-mortem publicity rights, meaning that the right to control the use of their likeness and voice continues after their death.
FAQ 2: What if I can’t find the interviewee?
Document your efforts to locate the interviewee. If you have made a good faith effort to contact them but are unable to do so, you may be able to proceed, but this is a risky path. Consult with an experienced entertainment lawyer before using the material without permission.
FAQ 3: Does fair use apply to interview excerpts?
The fair use doctrine allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. However, fair use is a complex and fact-specific legal defense. Using an interview excerpt simply to add color or flavor to your film is unlikely to qualify as fair use.
FAQ 4: What are the penalties for using an interview without permission?
Penalties can include monetary damages, injunctions (court orders preventing further distribution of the film), and legal fees. The amount of damages will depend on factors such as the extent of the infringement, the profitability of the film, and the jurisdiction.
FAQ 5: Do I need permission if the interview was conducted on public property?
The location of the interview is generally irrelevant to the need for permission. Copyright and right of publicity concerns are independent of where the interview took place. You still need permission to use their expressive content and exploit their voice.
FAQ 6: What if the interview was already publicly available online?
The fact that an interview is publicly available online does not automatically grant you the right to use it in your film. Copyright and right of publicity rights still apply, even if the interview is easily accessible. Public accessibility does not equal permission.
FAQ 7: What is a “work made for hire”?
If the interview was conducted by someone as part of their employment or under a specific agreement that designates the work as a “work made for hire,” the employer or commissioning party typically owns the copyright. This doesn’t necessarily negate the need for permission concerning right of publicity, however.
FAQ 8: Should I hire an entertainment lawyer?
Yes, absolutely. Consulting with an experienced entertainment lawyer is highly recommended before using any interview excerpts in your film. They can advise you on the specific legal risks and help you navigate the complex legal landscape.
FAQ 9: What is “implied consent”?
Implied consent is a legal concept where consent is inferred from someone’s actions or conduct, rather than being explicitly stated. It’s a dangerous path to rely on. While some might argue that agreeing to be interviewed implies consent to some future use, it’s not a reliable legal defense in this context. Always seek explicit written consent.
FAQ 10: How long does a license agreement need to be?
The length of a license agreement is less important than its clarity and comprehensiveness. It needs to clearly and accurately outline the scope of the permission granted, covering all relevant aspects such as the specific excerpts, intended use, duration, and compensation (if any). It should be written in clear, unambiguous language to avoid future disputes.
FAQ 11: What if I only use a very short clip from the interview?
Even a very short clip could infringe on copyright or right of publicity. The key is whether the clip contains substantial originality or exploits the interviewee’s identity. Always err on the side of caution and seek permission.
FAQ 12: Where can I find a sample release agreement?
You can find sample release agreements online, but it’s crucial to have them reviewed and customized by an entertainment lawyer to ensure they meet the specific needs of your project and comply with applicable state and federal laws. Avoid using generic templates without legal review.
Conclusion
Using a voice from an interview in your film is a complex legal and ethical issue. While the temptation to use a compelling soundbite may be strong, remember that respecting intellectual property rights and individual rights of publicity is paramount. Always prioritize obtaining explicit written permission. When in doubt, seek professional legal advice to ensure you are on solid legal ground. Failure to do so can have significant legal and financial consequences. Your film’s success should not come at the expense of someone else’s rights or reputation.