Copyright Ownership Clarification

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Editing softwares and apps can’t claim ownership of your original voice recordings since they are automatically protected by copyright right?
Hello Sean,
Generally, in the U.S., you own the copyright of your original voice recordings. However, terms of service of some apps may vary. Always read them carefully.
I mean their terms of service can’t say “we own the rights to your content including original audio recordings you create“ since that’s technically copyright infringement to the end user’s rights, right?
Hello Sean,
Although it's generally true that creators own copyrights to their original works, companies can include clauses in their Terms of Service claiming rights to user-generated content. However:
- The user must agree to these terms.
- These clauses may vary significantly based on the company and location.
- The user retains some rights even after granting a license to the company.
I said app or software not company
Hello Sean,
The same rules apply to apps or software. If their terms of service include a clause claiming rights over your original audio recordings and you agree to it, they can use your content. Always review these terms carefully.
What editing apps or softwares say this then?
Hello Sean,
As a legal information provider, I don't have specific information on terms of service for each software or app. It's recommended to review the terms of service of any app or software you use to understand their policies regarding user-generated content.
Do you even know if apps do claim my content or not?
Hello Sean,
Many apps and software do include clauses in their terms of service claiming rights over user-generated content, including audio recordings. It varies from app to app, and it's crucial to read these terms before agreeing to them.
I’m gonna get a headache
I understand this can be overwhelming, Sean. The key point is to always read Terms of Service before using an app or software. If you're unsure, consider consulting with an attorney to clarify your rights.
But if it’s not like a social platform or anything this shouldn’t be an issue I have to worry about, if I make and save my own content with the app it should still be copyrighted for me
Hello Sean,
Even with non-social apps, it's still important to read the terms of service. They may include rights to your content. However, in general:
- You are the copyright holder of your original works.
- Saving your content on an app doesn't typically change your copyright ownership.
So that means I still have the copyright to my own stuff
Hello Sean,
Yes, generally, you will retain the copyright to your original content, including audio recordings, even after using an app or software, unless their terms of service specify otherwise. Always review these terms carefully.
I don’t think an app or software’s terms of service can take away your copyright in your own work
Hello Sean,
You're mostly correct. Usually, creators retain copyright over their own work. However, some applications' Terms of Service might ask for a license to use your content. So, it's important to understand the terms before using any application.
A license?
Hello Sean,
Yes, a license is essentially a permission granted by the copyright owner (you, in this case) to another party (like an app) to use your work under certain conditions. It doesn't generally transfer the ownership of the copyright.
I’m not talking about them using t work I just mean them taking ownership because I use their app basically, but it is my original work
Hello Sean,
Generally, using an app won’t transfer copyright ownership of your original work to the app. However, their terms of service might have clauses regarding usage rights. Always review these terms carefully to understand your rights.
So I don’t have to worry about an app taking away rights to original recordings of my voice I simply recorded?
Hello Sean,
Typically, you retain copyright to your original voice recordings. However, some apps might include clauses in their terms of service regarding use of your content. Please review these terms carefully to ensure your rights are protected.
What..?
Hello Sean, I understand this can be a complex topic. In summary, you typically hold the copyright to your original voice recordings, even if you use an app. However, some apps' terms of service may include clauses about using your content. Please read these terms carefully.
Ok but the clauses are what’s confusing me a bit.
I understand, Sean. Clauses in terms of service can be complex. They might state that by using the app, you give the app a license to use your content in certain ways. If you're unsure, you may want to consult an attorney to help you understand these clauses better.
But this isn’t about the app using it, it’s about me recording my voice on the app basically, without any exclusive features just my phone’s “microphone” feature to record the audio after pressing the record button
Hello Sean, if you're merely using your phone's microphone feature to record, without any app's exclusive features, you typically hold the copyright to your voice recordings. Always remember to check any involved app's terms of service for specifics.
Which means the app can’t stop me from simply using that recording I made for personal and commercial purposes, right?
Hello Sean, generally, if you hold the copyright to your voice recordings, you can use them for personal and commercial purposes. However, some apps' terms of service may contain restrictions. Always review these terms carefully before using your recordings commercially.
But did you get what I said
Hello Sean, yes, I understand your point. As long as you hold the copyright to your voice recordings, you can generally use them for personal and commercial purposes. It's always a good idea to review any app's terms of service for potential restrictions though.
But even if the app says you can’t use the app itself for commercial purposes, it may be against the rules but it can’t be a legal issue because they didn’t make the iOS microphone feature in the iPhone hardware to simply record your voice, they only added a button to turn it on and stop it.
Hello Sean, your understanding is mostly correct. Apps typically cannot legally restrict you from using your recordings made via your phone's built-in features. However, specific app terms and conditions might apply. Always review an app's terms of service to ensure you fully understand your rights.
So am I good or..?
Hello Sean, based on your details, it seems you should be fine. Remember, you typically hold copyright over your original voice recordings. Just ensure to review the terms of service of apps you use. It's always good to consult an attorney if you're unsure.
So there’s no legal problems I have to worry about? Only the rules of the app?
Hello Sean, in general, you shouldn't face legal issues if you hold the copyright to your voice recordings. But remember, the app's Terms of Service could contain rules about using your recordings. If unsure, consult an attorney to clarify these terms.
So basically if I used my own original voice recordings I made on the app for commercial purposes without using any exclusive uncommon features on the app to make them but is against their terms of service, it won’t be a legal issue, just against their rules to use the app?
Hello Sean, generally speaking, yes. If you're using your original voice recordings for commercial purposes and it's against the app's terms of service, it's more likely a breach of those terms rather than a legal issue. However, consequences can vary, so it's always recommended to consult with an attorney.
So I won’t have to worry about being sued or arrested or anything like that if I mistakenly violated those rules? Like they may just ban me from using the app at worst case scenario?
Hello Sean, generally, if you accidentally violate an app's terms of service, the company might take actions like suspending or banning your account. Legal actions like lawsuits are less common, especially for non-commercial rule violations. However, each situation may vary and it's always good to consult an attorney if you're unsure.
What
Hello Sean, the essence is that you generally own the copyright to your original voice recordings. Violating an app's terms of service could lead to account suspension or banning, but legal action such as a lawsuit is less common. Always consult an attorney when in doubt.
I mean they can’t win the lawsuit even if it did happen since it’s still mine right?
Hello Sean, generally, as the copyright owner of your original voice recordings, you have the rights to your work. However, if there is a dispute, the specifics of the case would determine the outcome. It's always recommended to consult an attorney for advice in such situations.
Explain please
Hello Sean,
To summarize, you generally hold the copyright to your original voice recordings. Even if you use an app to record, the app usually cannot claim ownership unless their terms of service specifically state so and you agree to it. If you violate an app's terms of service, you might face actions like account suspension or banning, but legal action like a lawsuit is less common. To understand your rights fully, it's recommended to consult with an attorney.
So even if the app tos claims ownership and the terms are violated, they can’t legally do anything except suspend or ban me?
Hello Sean, usually, if you violate an app's Terms of Service, the most likely action they would take is suspending or banning your account. Legal action, such as a lawsuit, is less common. However, specific circumstances can vary, so it's always best to consult with an attorney if you're unsure.
I’m confused
I understand, Sean. To simplify, you typically own copyright to your original voice recordings. If you violate an app's terms, they may suspend or ban your account. Legal actions like lawsuits are rare. Always consult an attorney if unsure.
Does this include if their terms say they claim ownership of my content or something like that?
Hello Sean, yes, it does include those cases. If an app's terms of service claim ownership over your content and you agree to those terms, then they may have some rights to your content. It's crucial to read and understand these terms before using any app.
I meant if they are violated dammit
Hello Sean, even if you violate an app's terms of service that claim ownership of your content, they usually just suspend or ban your account. Lawsuits are less common. However, each situation is unique, so consulting an attorney is recommended.
So they won’t take legal action against me?
Hello Sean, generally, if you violate an app's terms of service, they're more likely to take actions like suspension or account banning. Legal actions like lawsuits are less common. However, every situation is unique; consult an attorney if unsure.
So it’s still my content even if they claimed ownership? They won’t be able to legally attack me if I violated those rules in their tos?
Hello Sean, typically, even if an app's terms of service claim some ownership rights, you are still the original copyright holder. If you violate these terms, the most common action is account suspension or banning rather than a lawsuit. Always consult an attorney if unsure.
Can I still put a copyright notice in my content if they claim ownership of it?
Hello Sean, yes, you can generally put a copyright notice on your original content even if an app's terms of service claim some ownership rights. However, always review these terms and consult an attorney if you're uncertain.
So they can’t stop me from doing that either? For example I put (C) * Sean Malin Films., All rights reserved
Hello Sean, generally, as the original copyright holder, you can include a copyright notice in your content. However, if an app's terms of service claim some rights, it's important to understand what those are. Always consult an attorney if uncertain.
But is the app gonna legally stop me from adding a copyright notice?
Hello Sean, usually, apps cannot legally prevent you from adding a copyright notice to your original content. However, some apps' terms of service may have related clauses. Always review these terms and consider consulting an attorney if you're unsure.
Is terms of service the same as a contract?
Hello Sean, yes, a Terms of Service agreement is a type of contract between you and the app or software provider. By using the service, you are agreeing to the terms outlined in the agreement. Always read and understand these terms before using a service.
If my voice actor pirated an app to record their lines with, would it be their responsibility legally since I didn’t tell them to do that?
Hello Sean,
Generally, if a person illegally downloads or uses pirated software, it is usually their responsibility. However, this can depend on the specifics of the situation and local laws. It's recommended to consult with an attorney for advice tailored to your situation.
Well their recorded lines, still being original content, will be used in my film projects which we agreed on, but I mean what if they recorded it on a pirated software just for that type of use, but I didn’t know nor did I tell them to commit piracy
Hello Sean, if the voice actor used pirated software to record their lines, the legal responsibility typically falls on them. As you didn't instruct them to do this, it's unlikely you'd be held accountable. However, consult an attorney for advice tailored to your situation.
So a lawsuit won’t go against me?
Hello Sean, generally, if you didn't instruct or know about the use of pirated software, it's unlikely you'd be targeted in a lawsuit related to that. However, each situation can be unique. So, consulting with an attorney is recommended for personalized advice.