Hello,

I am new to Voices.com and just getting set up. However, I do have a "voice" related question.

During my employment with a health care organization here in Chicago, they used my voice, on their employee verification line, without a contract agreement. I just did it, since I was an employee during the time. I am have not been an employee of theirs for many years, yet they are still using my voice.

Am I able to seek compensation?

Please advise.

Thank you,

Paula A. Sanford

The Voice Cat Answers

Paula, thanks for writing in.

Fortunately, the voiceover community is one where we all try to help each other, and one of my esteemed colleagues, Robert Sciglimpaglia, is not only a voiceover actor, but also a lawyer, and a specialist in the legal arcana of the voiceover industry. I asked him to help me answer your question, as legal questions are outside my purview.

Here's his answer:

"Assuming you are in the United States, then the answer is NO, you cannot now seek compensation from your ex-employer using your voice on any of their systems, materials, etc, now. It does not matter what your status is now, it matters what your status was at the time you recorded the material for your employer.

Since, at that time, you were an employee of the company and you did not specify otherwise, that recording would be considered a 'work for hire' and thus the recording's copyright is owned by your employer forever and to do with whatever they wish under the protections afforded under the United States Copyright Act.

You would have had to have entered into some written arrangement with your employer as to who owned the copyright, how they can use your recording, how much compensation you were to receive for that recording, and what happens to it after you leave.

Since none of that was done, your employer rightfully owns the recording and can still use it, and use it for as long as they wish under terms of Copyright Law which is:

"The term of copyright protection of a work made for hire is 95 years from the date of publication or 120 years from the date of creation, whichever expires first."

For more information on this topic, please consult the US Copyright office publication at this link: http://www.copyright.gov/circs/circ09.pdf

Now, as a practical matter, it wouldn't hurt if you were to hire an attorney to send a legal letter asking your ex-employer to 'cease and desist' using the recording because say, it is somehow harming your new voice over career, etc. Your employer at that point may just rather remove the recording rather than face a potential legal battle over it. However, I highly doubt such a letter will result in getting you any compensation from your employer for their continued use of the recording. That would be like the person who sold your car to you coming to you now claiming you owe them more money for driving the car. The recording you did is just as much property as your car, so an owner being forced to pay for something they already own is illogical under the law."

-- Robert Sciglimpaglia

I hope this answers your question, and wish you much success in your future voiceover endeavors!

Marc Cashman

Cashman Commercials © 2009

MARC CASHMAN creates and produces copy and music advertising for radio and television. Winner of over 150 advertising awards, he also instructs voice acting of all levels through his classes, The Cashman Cache of Voice-Acting Techniques in Los Angeles, CA, and is now also offering one-on-one coaching via email or phone. He can be contacted at cashcomm@earthlink.net or his website, www.cashmancommercials.com.