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Digital Recording and Ownership - Recorder vs Recordee

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geekay2

Junior Member
(Washington State, US)

I am a software/game programmer and college student, with not but two nickles to rub together... However I am getting close to completion on a project that is a sure-fire winner.

With that said, in this project I hope to get the free help of a friend of mine to do some voice recording (and depending on your answers, maybe a great number of my other friends too).

If I record him (For example from my microphones on my computer), who owns the Copyright of the digital recording? (my understandings are everything that you create you gain an automatic copyright, and then you will want to register the copyright with the US. However when one is paying for an original work, they are granted the copyright of that work. (please correct me if I am wrong), How does this work for a donated work or work done for free?... I am probably barking up the wrong tree, any help is greatly appreciated... also if my recollection serves me, copyright/fair-use/derivative-work operates a little different if the content in question is of a human being... I think I remember reading that somewhere...) ok, im rambling now...

If your answer to the above is: both of us, or that I have a partial copyright, then if I use this recording in this project, and I make a truck-load of money, do I need to give him some?

I would think that getting a written understanding prior to recording is a must, but I simply don't know the legality of writing down: "Anything you record is MINE! (muah ha ha!)".

Would I consider him a 'Volunteer' (and note that any and all work created is mine), and draft papers to that effect?

Since I have no money, I would not be able to pay him (or purchase the rights to use/ownership of copyright) and he is more then fine with this, however, we did discuss that it would be fair if I put his name in the credits for this project (which is an idea that we both think greatly beneficial to both of us). Do you think that I should include this in any type of drafting.

Mainly I would hate to take and use these recordings, then a year down the road when I make any sort of money, having to defend owning and having the right to use the recordings used in this project.






::: LONG STORY SHORT :::

When using a recording of someones voice in an income generating product, who owns the copyright: the recorder or the recordee. Also how do I (the recorder) become the sole owner of the recording.



I hope this is not too tall of an order... I am damn good at computers, but I am completely dull when it comes to Copyright and US law... So your help is going to make the biggest difference to me!!

THANKS SO VERY MUCH FOR YOUR TIME!! Hope you all are having a wonderful Memorial Day!

-GK
 


FlyingRon

Senior Member
The "income generating" part has little to do with it.

There are two potential copyrights, the script and the recording of the voice.
If you write out the script, it's your copyright. If you then record someone reading it, the recording is yours as well (in fact, even if you don't write down the script, if you make the only recording, it's yours).

Volunteer or paid, you may wish to make it clear in writing to the talent that they aren't getting any further compensation for their performance.
 

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