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If we have an audio recording of an interview with a visual artist (for example, Pablo Picasso) and would like to use this recording as part of an audio tour, do we need to clear copyright with 1. the artist or 2. whoever recorded it if not our institution?
Optional Information: State/Country relating to question: United States Already Tried: Nothing
hello
yes, you will need permission of the copyright holder
which is not necessarility (or likely) the artist
permission = license to use for some intended purpose
Would I need to clear it with the artist as well, since they are speaking? Or just the owner of the copyright, being whoever created the recording?
most likely just the copyright owner
but there may be "right of publicity" issues that would depend on the details, your state law, and the type of use
Ok thank you
basically, right of publicity protects celebs etc from having their name/likeness used for commercial purposes without permission
your use will likely not fall within that by the sound of it....but its worth looking into because this couldbe a gray area and depends on many factors
Is there any easy way to look into "right of publicity"? Most of the people are artists that have passed away.
you could simply do a google search of that plus your state to get some info
Ok, thank you
well sometimes their "estates" are still active in policing this stuff...think Elvis
Right. Yes I always clear copyright for images through estates when still active. I just haven't dealt with audio recordings
that's good
Ok, thank you for your help with this.
And you could inquire about this to the copyright owner as well...they may have some useful info
but if you use is essentially to replay the recordings then that is likely ok....the main problem is when you are using the celeb to sell something more directly, like putting their name or image on a product etc
Got it. This would be basically for educational purposes. Can it therefore be claimed as fair use, or no?
yes I would think so
should be ok
although "fair use" only applies to copyright/TM....not right of publicity, but yes, same idea
Ok
So Maryland does not recognize rights of publicity. Does that mean that since I am in the state of Maryland I do not need to be concerned?
yes, at least with respect to use within MD
Ok perfect. Alright thank you very much for your help. I think those are all the questions I had.
best of luck!
Experience: Experienced in intellectual property law