Legal Question in Entertainment Law in California
I have audition tapes from a major television network where they were doing a talent search many years ago when casting for their various shows and pilots. Several of those people who auditioned (for some of them it was their first audition) are now major television and movies stars. I want to release these tapes on DVD.
The audition tapes carry no copyright notice, and the only people appearing on the tapes are the actors themselves. The tapes consist of interviews as well as readings of scenes from shows which eventually made it to air.
My question is three-fold: Can the network claim any copyright in the content of the tape, inasmuch as there is no copyright notice appearing anywhere; can the actors claim any rights to their performance during the audition process; and, can the scenes which are read, and which are obviously copyrighted by either the writer or the network, be included in the DVD and exhibited under "fair use"?
1 Answer from Attorneys
It's not fair use, and somebody owns the stuff. Probably the network, the performers, the writers, all of 'em. The big question is who is going to sue you if you use it. Maybe the networks won't be able to prove ownership. Maybe the networks will go bust. Certainly the performers could claim a violation of the right of publicity, but maybe they signed the rights over to the network. And of course the writer could possibly sue. Bottom line: Proceed, if at all, with extreme caution. Maybe you could donate the material to a drama or film department at a university, and take a tax deduction.
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