Legal Question in Intellectual Property in California
This concerns digital rights issues with the voice talent used for development of TTS (text-to-speech) applications, i.e., readers that convert text on the screen to a simulation of speech that can be listened to.
I do all of my own text writing for TTS and would like to use the voices I have on my system for a distributable audio product that could be sold through iTunes and the like. TTS developers typically charge very high licensing fees for the rights to use their voices in any commercial product, putting them out of reach of most independent creatives. However, I have found that some of the older voices which are now considered obsolete and are freely distributed, such as Lernout & Hauspie or Microsoft from the 1990s, to be quite usable for the humorous characters in my compositions. Aware of legal considerations, I have repeatedly tried to contact sources of information (forums) and even the companies themselves (Nuance.com, who bought out the technology from L&H after the latter went defunct) to find out if these older voices were considered in the public domain. These queries have been unsuccessful; either I get no response or "I don't know".
I have not been able to pursue development of my distributable audio products for lack of answers to this issue. Again, I am dealing with audio product only, not any part of software, and with voices that are old enough to be available for free online and that do not in any way compete with contemporary technology from the companies involved. Therefore, my question is, am I at any legal risk to record this voice output and use it in my commercial audio product?
If you need to know the specific voices involved, they are first-generation Lernout & Hauspie, Microsoft "Sam" and "Mary", and the nameless output from 1980s Amiga software "Say".
2 Answers from Attorneys
Your problem is a common problem with old copyrights, and these types of issues are generally called Orphan Works.
Copyrightable works during the 80's is likely still under copyright protection as Works created after Jan. 1, 1978, is generally protected for over 70+ years, depending on how the certain situations.
Although there is legislation being proposed to handle orphan works, congress has not yet discussed the matter. At the moment, your best option would be to continue to locate the owner of the digital voices and to acquire a license. Hiring an intellectual property attorney to locate the owner and to acquire a license maybe you best bet. Feel free to contact my office and or an attorney in your area for further assistance.
Goodluck,
Jim
Jim Betinol
Attorney, Partner
Withrow and Betinol Law
Intellectual Property, Business, and Contracts
(t) (424) 229-2560
Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.
There are also non-lawyer services that specialize in locating copyright owners and obtaining clearances. Such services are used most frequently by television and motion-picture producers to identify and clear up possible/likely infringement complaints from accidental inclusion of celebrities, high-profile artwork, songs, etc. in an otherwise random, public film sequence. They also work in other dusty back corners of the copyright and trademark arena. I had a client in that business ten or so years ago - can no longer remember its name - something like "Omniclear" or the like.
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