Legal Question in Entertainment Law in California
Copyrights for messages left on answering machine?
My friends annoying ex-wife has made his and his new wifes life a living hell for the past 5 years. Now it's pay back time!!!
Here is my question: Can I use messages from my friends ex-wife that were left on his answering machine and publish them? She left 5 years worth of the most horrific/amusing messages I have ever heard, of and it would be a waste to not share them with the world.
We are thinking of making a 'My Ex-Wifes Messages....' CD and sell it on the Internet. Possibly also a 'talking' doll with 10 changeable messages programmed in.
Do we need her consent and if so, is it worth to do it nevertheless?
1 Answer from Attorneys
Re: Copyrights for messages left on answering machine?
There is a law in California that prohibits recording phone conversations when the person being recorded is not informed of the recording. When a person leaves a message on an answering machine, that person has knowledge of the recording by virtue of the disclosure made by the machine. Thus, the messages are not private and there is no criminal liability. As to using the messages for economic gain, you may run into problems of civil liability if you publish the messages without the consent or a release from the recorded party. My advice would be to research more, or transcribe the dialogue and have actors recreate it. Then the ex wife may never know it was her. Good Luck.
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