BACKSTORY - Requested from the surviving family member the rights to create & utilize a voice clone of a deceased Christian rocker.

Though I impressed the estate-handler (his brother) with the clone voice, it was too much for them to bear - hearing their deceased family member. (I admit, I freaked them out with a well-mimicked voice message on FB messenger that took the by surprise.)

It was not the legalities that blew the deal so much, as no counter offer on my request/offer was even proffered. He just couldn't see it happening. Too behind the times or too protective of the legacy - either way, gotta respect the decision. Onward and upward!

 

Last edited: Feb 29, 2024

The only thing that should make you feel in the clear is a written contract. And even then, there are exceptions. Everything else is

If you can sound like the brother's voice, why didn't you just record yourself saying your own words and cut out the middleman. And the ASCAP crap is how everyone gets paid so if it has been bypassed, he's okay getting the one-time payment? If that album gets any traction, that won't last.

 

This is still a blury territory as the law didn't really catch up (yet) with that.

If you use sample from the artist, being in touch with his brother is not enough (unless he own all the master of the artist). If it is just cloned voice, then a contrat with the brother could be a better idea than just some email/paypal exchance, just in case of a futur conflict (if the brother die for exemple, or if a label want to get involve).
Also the contract will tell what you can and can't do, for exemple maybe he gave you an authorization to use the cloned voice, but not use the artist name. And sometime the name is like a brand and can't be use like that (for exemple, does the brother can give you this kind of authorization ?), even if you don't use any copyrighted source material.

But again, it's a blury territory, cause a cloned voice is technically using copyrighted material for training (not always as the source can come from interview), so right now there is nothing about that in copyright law, but that will very soon change, and not sure how it will turn out.

So without any direct law that tell what can and can't be done, it's better to have something signed (in general it's always better to have something signed, even more when there is money involve), just as proof of good faith, in case of a potential future conflict or copyright strike from wherever you will upload that.

 

Yes, his outfit has always bypassed ASCAP - if someone cover's his brother's songs, he takes $100.00. The vocal AI is on only part of the track (the break and 2 of 3 choruses, but in the choruses, it's mostly buried along with a larger band of vocalists). The AI featurette, shall we say, is kind of an homage to the inspiration for the song and my music over the years. I can sing (ish) like his brother, but with the AI, it definitely SOUNDS like his brother is right there (that's how clones work. The closer you are to sounding like the original source - the trained model - the more authentic the results of the clone.)

 

id run it. you have a valid informal agreement, just save the emails and paypal statement - its not like youre buying a house, this is the music industry, a lot of stuff gets cleared with less