Legal Question in Intellectual Property in Illinois

Hello. I am making a computer program in which various words are produced when the user pushes a certain button. For example, if the user pushes a blue button, the word �dog� will be produced. I intend to pay somebody to audio record each of the words, and I will then put the words into my program. My question is, If I end making money off of my computer program, will I have to share any of the profits with the person who recorded the voice? You see, I don�t intend to tell the person that I will be selling the product that I am making. Thanks.


Asked on 9/27/09, 7:45 am

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

This is a matter of copyright law. You need an assignment of copyrights from the voices that gives you the rights to what they say. I can help you, as can any experienced copyright or intellectual property law attorney. Spend the legal fee and get legal so you avoid the problem you describe. If you have no agreement, you face the exact risk you mention, or worse. The voice person will be in a position to stop your use if you don't get the right agreeement from them.

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Answered on 10/06/09, 10:53 am
ERIC WACHSPRESS ERIC S. WACHSPRESS ATTORNEY-AT-LAW

You should be aware of the ILLINOIS RIGHT OF PUBLICITY ACT (765 ILCS 1075)

That act provides that, "the public use or holding out of an individual's identity (which is defined in the Act as "any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice") (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising during the individual's lifetime without having obtained previous written consent from the appropriate person or persons may be liable for either of the following, whichever is greater; (1) actual damages, profits derived from the unauthorized use, or both; or (2) $1,000. In addition, punitive damages may be awarded against a person found to have willfully violated the Act.

THE ABOVE ADVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE QUESTIONS REGARDING ANY MATERIAL PRESENTED HEREIN, I RECOMMEND THAT YOU CONSULT AN ATTORNEY. THIS INFORMATION IS BEING PROVIDED BY AN ATTORNEY IN ACTIVE PRACTICE IN THE STATE OF ILLINOIS AND CURRENTLY HOLDS AN ACTIVE LAW LICENSE IN THAT STATE ONLY.

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Answered on 10/08/09, 7:36 pm


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