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Can I hear your demo? o.oOriginally Posted by Yoda117
Depends...
For my own demo, I use equity copy that I have done before (I used to use the finished clips, but didn't like how they came together). However, right now I know of two professional VAs who were given a CAD order due to the background music being used (which was the "signature" music from another company).
I'm just waiting to see this issue come up on overlawyered.com
Actually TamTu brings up a good idea. How about a section/database of people's VO demos. Is there something like that around here?
*admits ignorance*
Okay... that question kinda took me by surprise. I'm having a commercial track delivered to me this week, how about that?
There actually is such a forum for demos - the Shorts and Samplers section, next to Finished Products and Visual Works.
And those CAD incidents seem strange/not right to me; I'll have to inquire about it further.
... and now I know
danke'
That doesn't make much sense to me. From what I remember (and it isn't a lot) Everyone can use Any music they want for free as long as it is under ... 4 measures? I think. (might be more)Depends...
For my own demo, I use equity copy that I have done before (I used to use the finished clips, but didn't like how they came together). However, right now I know of two professional VAs who were given a CAD order due to the background music being used (which was the "signature" music from another company).
I'm just waiting to see this issue come up on overlawyered.com
In addition to that little coverage, there is the detail that it is a showcase of work the actor has been in, and part of their profile. The people who produced the commercial paid for the lisence to it (whatever lisence that may be) and as the actor part of our rights is the right to use any clips we want from the work we've been in to create our portfolio.
It would be like a paint company suing an artist for using their paint in their portfolio without paying extra.
Now, if you made up your OWN copy, and then put in background music that was unlicensed, THAT would be cause for getting sued.
I never said that it made sense, but apparently it has happened. For most VAs this would probably never be an issue as the Soud Engineer would most likely use generic bg tracks that don't take away from the VA reading the copy.
Like I said, I wouldn't be surprised to find something like this in overlawyered.com due to the sheer insanity of it.
I think that the lesson to be learned here is this: Make sure that you have permission (in writing) from the client if you use their copy in your demo. Either that, or edit the copy so that anything identifable to the client is removed.
Kinda sucks to think that you now have to worry about such things IMO.
Perhaps you misunderstood me, but I believe they can be taken to court for it sure. But it doesn't matter, the case won't go anywhere because the law is on the actors side.
I had to study a bunch about copyright laws as pertains to sound for my sound classes at film school, and thats what we were taught.
If you are using material from something you personally have been in, that clip is your property (no you cant use the song in any other way) and you can do what you like with it, assuming you don't SELL that clip.
If you are making your OWN demo, then you need to be careful and only pick music in the public domain, OR you can find pieces you like and buy a lisence (any kind will work, though some are more cost-effective than others) to use them.
If you use unlisenced music in your demo, then yes you could get in trouble (though it rarely happens with things like demos, its more likely to happen in independant films.)
An example would be, say, Danny Elfman suing Fox for showing the movie "Batman" On Television, without paying him money for the music that is in it. That music was all-ready handled when the contract was made for the movie. So if Mister Danny Elfman had any problems with not getting paid when Batman was aired on Fox, then He would have to take it up with the Production company, NOT with Fox themselves.
SO, if the music companies aren't pleased, they need to take it up with the company that PRODUCED the commercial, not the actors themselves. And that is what any judge will tell them in court.
Guess we're just sue happy here in Philly then
But I think that we're getting into the realm of virtual rights by an actor, correct? For that, I'll defer to my brother the lawyer. Now, IT OTOH...
But the problem I was referring to was using licensed music in the bg w/o permission, at least that was what the issue was out here.
11-06-2005, 01:16 AM
Thanks for the tips they are always helpful ^_^
06-12-2006, 10:50 PM
Shagster Shan, thank you! This is a fantastic write up.
I have never used an agent. However, I do have several friends that are equity. I just wanted to note that it is a rule of thumb in Theatre/Film to avoid agents who make you pay up front. The biggest reason being you do not need to. It is industry standard to charge 10% of money earned for the agent landing you a job. Those types of agents work hard to get their commission.
Edit: Color
Last edited by Redtear; 06-15-2006 at 02:33 AM.
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