Legal Question in Entertainment Law in Georgia
Never Paid for Vocal Tracks Used in Commercial
About 5 years ago, I sang a jingle for a small advertising agency that was pitching their idea to a regional restaurant chain. A few months ago, I heard the jingle on the radio and it was my voice. I never received any compensation and never signed a contract saying they could or could not use my voice if the restuarant bought their idea. Now my voice is being heard throughout the southeast (for the last 2 years) on radio and tv and the jingle is synonymous with the brand. The composer is offering me a portion of his fee as he has been paid to re-edit the spots. I do not belong to a union, but I have seen union rates and feel I am owed more than the small stipend being offered by the composer. The composer says I will probably be asked to sing again in the future for this same client. I would like to have more opportunities, but don't want to be ripped off in the process. Do I a) take the money and run and perhaps get more work, b) call the ad agency and ask for money and then threaten legal action if they offer nothing c) get a lawyer an take legal action, knowing they would never use my voice again, d) some other option. Thank you for your advice.
1 Answer from Attorneys
Re: Never Paid for Vocal Tracks Used in Commercial
Your course of action depends on many factors surrounding the situation, but if you were hired to sing for the ad, the ad company probably owns the rights to the song as a "work for hire." However, there are many factors.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.MacGregorLyon.com
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