QUESTION
Is it legal to use a person's voice in a song without signing a release form?
Asked on Sep 11th, 2011 on Entertainment Law - New Mexico
More details to this question:
I'm trying to find information regarding what laws cover if a music group uses a person's voice without having them sign a release form. They have a CD out at the local store and the song can be purchased on i-tunes also. My friend has received no compensation from the group. If you could provide some information on this subject I would appreciate it. I have tried searching online and all that comes up is information on telephone and video recording, nothing about this subject.
1 ANSWER
ADR Attorney serving Albuquerque, NM
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Mathis, Regazzi & Associates, LLC
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This issue falls under publicity laws. A number of states recognize a right of publicity, which is the right of an individual to control the commercial use of their name and likeness. Unfortunately, New Mexico does not recognize a right of publicity at this time. California, among others, does recognize a right of publicity. The use of your friend's voice in commercial music may may well involve copyright infringement, however. I suggest that your friend contact a local entertainment attorney to discuss his or her options for pursuing the matter.
Answered on Sep 12th, 2011 at 3:03 PM