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#1
10-02-2009, 04:07 PM
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Can sampling a voicemail message lead to defamation?What is the name of your state (only U.S. law)? CALIFORNIA A few weeks back an ex-girlfriend decided to call and fess up to some stuff from our relationship. The content is not really important, though it's pretty amazing; more important was that it was a voluntary recording, and she would know it was being recorded since it was voicemail. While I have no desire to distribute the recording (as tempting as it briefly was), I am sampling clips of it into a [non-comercial] song. I have removed any identifiers: name, phone number, address information, etc; so you would have to already know her to be able to identify her in any way. So while I know anyone /can/ sue for anything, would I be in any real danger of defamation of character or any other legal pitfalls?What is the name of your state (only U.S. law)? |
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#2
10-02-2009, 04:19 PM
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| That sounds really petty and juvenile...let it go...let HER go.
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#3
10-02-2009, 04:54 PM
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| I was thinking more cathartic... It's not out of petty spite; believe me, I'm over it. The samples are just too good not to use though. |
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#4
10-02-2009, 05:03 PM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#5
10-02-2009, 05:20 PM
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| Meanwhile, back at the legal question... |
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#6
10-02-2009, 05:20 PM
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| I think it's a great idea and you might end up with a hit song. You might be required to credit the Ex-GF for her performance, though.
__________________ Is it quiet, yet? |
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#7
10-03-2009, 07:01 AM
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__________________ Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in. Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all. Licensed to practice law in Ohio and a Guardian Ad Litem for children |
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#8
10-03-2009, 10:41 AM
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| I agree with Ohiogal that legal issues can arise from your proposed plan to use parts of your ex-girlfriend's voice message in a song. Even without normal identifiers like name, address and phone number included in your recording, the identity of your ex-girlfriend can be discerned through the use of her voice and/or by the context in which her words and voice are used. As a result, there can be defamation, invasion of privacy, publicity right, and even copyright laws to contend with, should you publish this song. If you want to play around with her voice-message words and create some sort of song for your own personal benefit, that is not a problem. Playing your created song for another or others, however, can be legally risky. I agree with Zigner that what you want to do seems a bit juvenile, although I can also agree with Alex that, WITH your ex-girlfriend's permission to use her recorded words (and SHE is the one who owns her words), you could have the clever makings for a song. But, again, you MUST have her permission to use her words and her voice, should you want to publish any song you create, in order to avoid all risk of being sued. Getting permission, however, may be difficult.  |
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