If sued by the real Jones, could you not argue that you discovered someone capable of sounding like Jones, therefore, why wouldn't you hire him? You hired him because he could produced a perfect deep voice - it isn't your fault he happens to sound like a celebrity. I've always wondered where voice-likeness falls legally.
2007-03-12 08:53:12 · 7 answers · asked by Jaycee 1 in Politics & Government ➔ Law & Ethics
Oh yeah, could you please state how you know. Thanks.
2007-03-12 09:02:01 · update #1
There have been many lawsuits filed by celebrities because their voice had been impersonated. Tom Waits has filed several, against GM and Frito-Lay, and won millions of dollars; others include John Fogarty and Bette Midler.
Jones' voice is distinct and recognizable, and I'm sure he could show that there was intent to deceive.
Intellectual property, dealing with compositions, plagiarism, etc. is related to the legal voice.
2007-03-12 09:05:35 · answer #1 · answered by Anonymous · 1⤊ 0⤋
In 1985, John Fogerty (formerly of CCR) released a song called "The Old Man Down the Road" which was NOT the same song as "Run Through the Jungle" but sounded very similar. The record label sued, since the label owned the publishing rights to the 'sound' of CCR. They lost. John Fogerty was the 'sound' of CCR and he couldn't help sounding like John Fogerty, too.
If James Earl Jones believes somebody's voice sounds 'too much' like his own, he won't have much luck in a lawsuit. If an advertiser claims the voice is James Earl Jones', but is really a just a sound-alike, then a lawsuit is very likely about name usage without permission.
2007-03-12 16:17:26 · answer #2 · answered by Marc X 6 · 0⤊ 0⤋
Intent is probably the biggest factor in a situation like this. If you meant people to believe that it was Jones speaking, in essence, you would be stealing something he owns and uses to earn a living. A distinctive voice like James Earl Jones would logically be more likely to be problematic than someone whose speaking voice is less important to their career, like say, Paris Hilton, for example. Smart advertisers either use the real person, or at least use disclaimers to avoid legal problems. In In the end, it is a risk.
2007-03-12 17:08:03 · answer #3 · answered by Rayen 4 · 0⤊ 0⤋
As with all legal questions, it depends.
If the person you hire is using their natural voice, and you are not claiming that it really is JEJ speaking, then you should be fine.
If the person you hire is impersonating JEJ, without his permission and for your commercial advantage, there there is a potential tort claim for false appropriate of likeness.
The specific laws vary by state. Whenever your legal rights are at issue, consult a licensed attorney who can review the facts and laws applicable to your particular situation.
2007-03-12 16:18:40 · answer #4 · answered by coragryph 7 · 0⤊ 1⤋
It depends if there was intent to deceive. To avoid problems, TV commercials using 'sound alike' actors carry a small warning at the bottom that this is not .... but really an actor. Otherwise, they could be sued.
2007-03-12 16:06:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Sure they could, as long as they don't tell you that is James Earl when it isn't.
2007-03-12 15:57:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
nope can't do it...can't have someone who would lead the public to believe it is the famous person unless you air a disclaimer...
2007-03-12 15:56:48 · answer #7 · answered by Steelhead 5 · 1⤊ 0⤋