Voice actors to sign legal documents? Thread

Hello, Im working on a heavily narrative mod for Unreal 3-

Mods - 'Portrait'

And we've got 6 voice actors in to help act out the dialogue... Ive heard that whoever we get from outside the project to help out, should sign some sort of release form, or acknowledging that we own their input??

I know it's boring legal stuff, but any insight? Industry proceedures? no money is changing hands, only a beer or 2 to say thanks.

IP law states that who ever creates the content owns the rights to it. Thus if a voice actor produces audio they own the ip and can choose how to use the audio. Most times you wont need any extra legal documents because people want to do it but every now and again some dick will cause havoc by refusing to allow the mod to use it.

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Cheers Lodle, so they own the audio to their dialogue pieces, but it's in their good nature to let us use it. right-o

IP law states that who ever creates the content owns the rights to it. Thus if a voice actor produces audio they own the ip and can choose how to use the audio.

Not if they create it under the commision of another party, such as in this case (and other games / movies)

in that case they will have a contract stating that the ip rights of the content generated wont belong to the company else the creator owns it.

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Search Google for an artist release form, there are a lot you could re-purpose for your own project. Even with no money changing hands this protects you from dealing with something stupid in the future.

^ This. One thing I've always made clear with my own projects, is that content created for the project, becomes the property of that project.

Well one thing you all have not asked is who wrote the script, if the voice actors are working from a script the written copy write is yours but the recorded audio of that persons voice is theirs as soon as it is recorded, however it is a win win situation going down here as if they want to use your dialogue then they need to ask your permission, you will probably find that most of them will want to use it like most of us with any work in a portfolio. So make that agreement they get to use your dialogue if you get to use their audio. Either way if you are exchanging beer for voice actors they are not that serious lol. I am sure if you just talk to the actors then you will sort something out.

Well one thing you all have not asked is who wrote the script, if the voice actors are working from a script the written copy write is yours but the recorded audio of that persons voice is theirs as soon as it is recorded

It wasn't asked because if rhysthomas gets everyone to sign a contract stating that their contributions to the projects are considered work for hire (a contract for service), it wouldn't matter who wrote the script or who recorded it; it would all belong to the person/employer who commissioned it.

Edited by: Cryrid

cheers for the replies guys, i'l have a look into artist's release forms.(cheers grinnock) Im pretty sure everyone i'm working with knows that its all voluntary and casual, but its that 'just in case' kind of backup.

Lodle you have the first concept correct but your conclusion is wrong.

IP always belongs to the IP creator, never contracted performers or workers. Spoken dialogue does not count as IP creation. It is not a voice actor's intellectual property because they did not create it, they are only using the written dialogue at your behest - creation of Intellectual Property is not the physical act of recording the spoken dialogue (or creating a 3d model, as another example), it is the mental creation of said dialogue, characters, world, story, object, etc. If you write dialogue that you then contract out to a VA you own that dialogue. You can't use their voice unless you get a release/permission and they cannot use the audio (in their reel, for example) without your consent in return. Thus without said agreements you both become locked in a stalemate of sorts. They can't use the audio they recorded for you and you can't use it either. This is an extreme example however as most non-professional voice actors won't care or pursue for release rights.

Performer releases are common on the internet, and that's all you really need. If you want any specific concessions you might also need a 'Deal Memo,' the simplest form of a work-for-hire contract.

Very late to the party but I'll put it here anyway. This covers your ass, and allows you use of whatever assets you record in your project. If you're not paying your actors, you can delete the first phrase. This is a fairly standard release form.

Replace the bold/italic/underlined parts with your various information.

AUTHORIZATION OF RELEASE

For value received in the sum of xxxx, I, the undersigned, give and grant Person / Company X its affiliates, successors, and assigns the unqualified right, prvilege, and permission to reproduce in every manner or form, publish and circulate video games, compact discs, DVDs, videotapes, audiocasettes or films of recordings of my voice and/or my musical contribution arising from the production titled Game / Title / Project X and hereby grant, assign, and transfer all my rights and interest therein.

I specifically authorize and empower Person / Company X to cause any such video games, compact discs, DVDs, videotapes, audiocassettes, films and recordings of my voice and/or musical performance, to be copyrighted or in any other manner to be legally registered in the name of Person / Company X.

My contribution to this work shall be considered a work made for hire, and as such, I, my heirs, executors, administrators, and assigns, hereby remise, release and discharge Person / Company X for and from any and all claims to any kind whatsoever on account of the use of such recordings, including, but not limited to any and all claims for damages for libel, slander, and invasion of the right of privacy.

Nondisclosure.

It is understood by the below signed individual that all information obtained while providing service will remain confidential and that he/she will not directly or indirectly disclose to any third party or use for its own benefit, or use for any purpose other than the above mentioned project.

I am of lawful age and sound mind, and have read and understand this Authorization of Release.

Signed this __________ day of ____________________, 20__. (day, month, year).

__________________________________________ (Signature)

thats mega useful, cheers fourteetoone.

Hopefully it helps anyone else stumbling accross this thread aswell.

the above may look useful, but certainly not useful in any US court. All release language must be drafted by a lawyer and comply with state specific law.

That itself may not stand, but the fact that you are trying to sue an unpaid mod team for unpaid work you offered to do for them will probably mean that you will lose the case anyway.

Strangely worded. If you are referring to me, I don't know this person. He asked for information and what he received is incorrect.

Conversely, if NOTHING is signed in a legal document, then you should be relatively safe. If an issue arises where the voice actors feel owed money, what are they going to do? Nothing was signed. And an audio recording is a commodity in and of itself. It's not, "Who owns that voice speaking that dialogue?" - it's, "Who owns the RECORDING of that voice speaking that dialogue?"

... And how are royalties to be distributed, blah blah.

If you want to get tangled up in copyrights and a P.R.O. for managing royalties, then be my guest - but I wouldn't recommend it from what I can tell of your project. If you land a publisher and major distribution, then that's a different story. If you do decide to sign up for a P.R.O., I'd recommend BMI.

If you want to stay out of trouble of having to owe the VA's anything, don't whip up any legal forms at all.

@punjab

Then why do I see agreements exactly worded like the one above almost every day?

I didn't write it myself.

GC

If only indie teams were immune from the scary legal world...

@fourteentoone

Only you will know if the documents you
have are legal. The above is not legal in a different hand. Said
documents must abide by law. As for the u.s., state law. Meaning,
documents differ depending on where you live and must meet certain
criteria while others do not. For example, the person rhysthomas wanted
paper work for. Is the voice actor a minor? Details like these, one of
many, are needed for release. Hence, to be drafted by a lawyer. So it is
within legal terms in which state it lies. To stand in court. After
all, paperwork is ONLY for court. (Does rhysthomas reside is a u.s.
state at all?) Too many issues involved in the document above to be
remotely legal for rhysthomas. Not to mention privilege is misspelled.
Suggesting it was grabbed from the net or simply written by someone
outside of a legal service.

I would be happy to lend my talents and have no problem signing any documents.

Cheers Isaakwells, but the mod is pretty much done, we're not doing any more work on it but thankyou for the offer And in response to the above posts, I'm a British resident, and none of the voice actors are minors. As a university project, everyone has willingly co-operated and because it's not really a project that can make it into a commercial setting, we won't be making any money off it.

From what i gather from this thread, there is somewhat of a grey area for any projects of a more professional nature. And the differences between American and European / British law. Suffice to say, anything where legalities become neccessary, a solicitor should definatly be sought as their expertise will always over-ride hear say and internet rumour.