Legal Question in Entertainment Law in Illinois

Re: Can a Radio Personality's voice be used on the air after termination?

Unfortunately, there is probably no easy answer to your question. It may depend on the terms of your contract with the station (I am assuming you have a written contract) and may depend on whether you were an employee or independent contractor when the recordings were made of your voice. Also, we may need to know how the station is using your voice.

I would need to know a lot more facts to give you a definitive answer. If they have recorded promotional spots with your voice while you were employed, then the station most likely has the rights to continue using the recordings (but I don't see any reason the station would want to do that).

I would be happy to meet with you and review your contract, however, if you believe there is going to be future problems with this issue.

Re: Can a Radio Personality's voice be used on the air after termination?

I've worked with several radio personalities who've ran into this same issue. Depending on the terms of your contract, the station most likely owns the fruits of your creative labor under the Copyright doctrine of "work-for-hire."

Essentially, it means that creative material developed while an employee of a company within the scope of that employment becomes the propoerty of the employer. There's an exception for independent contractors. So, it comes down to that issue: were an "employee" in the traditional sense or an indepedent contractor?

I can look over your agreement and we can discuss. BTW, I teach "Broadcast Law" in the Radio Department of Columbia College...

Thanks,

Don Simon