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Can sampling a voicemail message lead to defamation? (Consumer Law & Fraud)

Fri, 02 Oct 2009 16:07:00 GMT

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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  • Fri, 02 Oct 2009 17:03:00 GMT(1)
  • Quote:

    Originally Posted by djm4242

    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.

    If you were over it, you'd have erased the voicemail...
  • Sat, 03 Oct 2009 07:01:00 GMT(2)
  • Quote:

    Originally Posted by Alex23

    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.

    Actually it could be defamation depending on the samples used and he would have a lawsuit due to the fact that he was using this without her permission in a money making venture. There are several legal issues with his wish.
  • Fri, 02 Oct 2009 17:20:00 GMT(3)
  • Meanwhile, back at the legal question...
  • Fri, 02 Oct 2009 17:20:00 GMT(4)
  • 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.
  • Fri, 02 Oct 2009 16:54:00 GMT(5)
  • 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.
  • Fri, 02 Oct 2009 16:19:00 GMT(6)
  • That sounds really petty and juvenile...let it go...let HER go.
  • Sat, 03 Oct 2009 10:41:00 GMT(7)
  • 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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