Copyrights, Demos and Voicing... oh my!

Dave DeAndrea

Just curious... what are the rules (if there are any) about copyrights when it comes to doing your demos?

For example, can you do an imaging demo where you have samples of yourself saying "Z100" when you've never actually done imaging for them?

How about audio books? Is it okay to have a sample of yourself reading "The Firm" by John Grisham if you've never actually been hired to read that as an audio book?

Maxine Dunn · **Voice Talent** Joined: 25 Apr 2004 Posts: 675

Yes David it's fine to use them. If it's just for demonstration purposes and not for sale in any way, it's fine to use real products/books on your demos. Just be careful of course when toying with the idea of voicing something that everyone knows a celebrity voices... as they would know it's not you who really voices those spots.

Most people's first audio book demo is made up of reads that were not "real" and most people's first voice-over commercial demo is made up of some "fake" commercials." It’s the industry norm.

So as long as you're not charging a fee for your demos, you're fine!

Max

Dave DeAndrea · Posted: Fri Jun 27, 2008, 16:59 (GMT) Post subject:

Thanks, Max!

Greg Houser · **Voice Talent** Joined: 12 Mar 2008 Posts: 174

Proof of Concept. You're not selling the product whose name you mention on your demo, you're selling yourself as being able to perform that type of spot.

Now if you use that spot and claim to be a spokesperson or as having done it IRL, that's an ethical issue IMO.

Bob Bergen put it best when he told the workshop I was in that if an agent or anyone were to ever ask you such a question, the best answer is "you tell me..." Basically, can the person questioning you tell that it's a spot for a demo or something from a job you've booked. If they can't tell the difference because either/both is/are of high quality, then there's no need to take away from the positive impression that they have of you.

But that was just my interpretation...

Allen Brown · Posted: Fri Jun 27, 2008, 19:17 (GMT) Post subject:

Hi folks,

Yes, it's the industry norm and your risk is very low. I'm not a lawyer, but my business sense tells me that to assume that there is no risk would be incorrect. Anytime you use someone else's stuff for a commercial purpose (selling your voice) there is some exposure to infringment.

Personally, I know of no one who's been told not to use a fake spot on their demo or to cease imitating the work that's actually being done by another talent. That doesn't mean it hasn't happened.

Greg is correct that you're not directly selling the product in your demo, you're selling yourself. But, in our demos we DO choose to use the "Z100's", and the "Fancy Feasts", the "NBC's" and the "Goodyear's" and not some fictional names. Isn't it because we gain some cache' or value from their use? If someone believes that you're endorsed by a brand name or large agency when you really aren't, isn't that a misrepresentation?

Maybe the video producers can comment here. Is it ethical to go out and shoot a spot that mimics one aired nationally, right down to the brand name, in order to give a false impression that you've worked in that league?

Just some points to ponder. Actually, I wouldn't worry about it much. I've been told that I'm the type that picks fly s*it out of pepper. It's really nothing approaching the copyright infringement risks I've seen in other areas of this board and elsewhere.

Connie Terwilliger · **Voice Talent** Joined: 14 Jul 2003 Posts: 409

It is interesting to note that some of the leads on V123 include a caution NOT to use the copy for demo purposes.

Frank Frederick · **Voice Seeker** Joined: 29 Dec 2006 Posts: 142

In most cases I strongly caution against using a brand name in a demo - period. Which means to say - unless you actually voiced the spot (or other audio) for a paying client AND have a release for use on your demo - do not use the copy.

That said, there are some "gray areas" here which you might consider. Finding copy from a good spot, revising the name of the company being represented and the written copy to be uniquely yours can serve you well. Good copy is good copy.

I am not a name dropper in demo's. Further, even if you have created a commercial for a well known brand name company I suggest using everything BUT the brand name. Now if you are known for the specific brand name - i.e.: Don LaFonatine doing trailers, Joe Cippriano for Fox Television, etc. - then this is also YOUR brand, so you can use complete audio as needed (if you have a release).

If you are just doing spots willy-nilly and are not the branded voice for a specific company, then you are only succeeding in advertising the company - not yourself.

Although the practice of stealing copy and brand names prevail, it is not a good idea to mis-represent the company or the yourself.

Just my $ 0.02 cents worth.

Toodles

F2

Maxine Dunn · **Voice Talent** Joined: 25 Apr 2004 Posts: 675

Hi David ~

Here's a suggestion: Go to www.voicebank.net and listen to demos and see what the industry standard is at the top agencies...

Max

JC Haze · **Voice Talent** Joined: 10 Aug 2007 Posts: 86

Dave,
And, on the radio side...there are a zillion "Z-100's" out there...along with "MIX 98.5's" and "Cool 101.5's" and "Magic 100.3's" etc...
They own the rights to those phrases IN THEIR MARKET, but otherwise, they exist in other cities as well.
If you wanna make up your own, simply do so, using a frequency NO radio station will EVER HAVE:
MIX 95.4
MAGIC 103.2
COOL 101.8
(in radio, there is no such thing as an EVEN NUMBER following the "point." It's always an "odd" number.

Maxine Dunn · **Voice Talent** Joined: 25 Apr 2004 Posts: 675

Hi JC ~

How interesting! Thanks for pointing that out. However, if we put a spot on our demo that is very obviously fake, (the even number after the point), doesn't that defeat the purpose? Aren't our demos supposed to show us as professionals who have demos compiled of professional jobs? Or at least spots that SOUND like they're professional jobs?

We wouldn't want a client to be listening and think to himself, "Well, THAT spot's obviously a fake....I wonder how many others on here are not even real work? This guy's obviously a novice...."

Thoughts?......

Chris Mezzolesta · **Voice Talent** Joined: 18 Jul 2006 Posts: 258

FWIW, FM radio in other countries is often broadcast on the "even" frequencies, there isn't always the 10kHz bandwidth there is here...I listen to a lot of "DX", long distance & foreign, on the PC and there are plenty of "Kiss 95.2" and such, around the world.

Just a little useless trivia.

Allison Scussel · **Voice Talent** Joined: 25 Apr 2007 Posts: 928

Since the subject of radio imaging popped up, I'd like to throw in my .02 cents.

JC is accurate by stating there are hundreds of of stations that call themselves "Z" "Magic" "Cool" "Kiss" "Lite" and "MIX" and there's only one of each in a given market. However; if you use of of these names in a demo or audition, it's assumed that you've done imaging work for them professionally. This can range from markets 200 up to #1, so think about the outcome before you use these names on a demo reel or audition. It's not illegal, but can have consequences if you're not trained to perform at this magnitude.

A few yrs ago, my current boss posted a job online for an experienced on-air personality. The woman he wanted to hire had a great demo, professionally produced. On her demo, she sounded like she worked for Hot 97 in NYC. He hires her, brings her to the suburbs of Philly, and on her first day on the air she couldn't even handle the board. (I was training her) It turns out that she was a sales secretary from Lite FM in NYC and a friend of hers at Hot 97 produced the audtion for her. She had ZERO experience in radio on the air nor in production. Unfortunately, she was sent home and told to learn the basics before sending out an audition like that in the future. She went home completely heartbroken.

U.S. radio FM frequencies are odd numbered. 97.5, 97.7, 97.9 and so forth, skipping every other number in a given market. For example, in NYC, you have 92.3 but you don't have 92.5 because of frequency short space. NYC goes from 92.3 to 92.7 then to 93.1. So if you're going to produce a ficticious demo, don't pick an even number in that market...choose the odd frequency that can't be used because it's already taken by another city several miles away.

Wink

Allison