Can I use my listener voicemails & emails?

[s5264147]

I live in the state of TN.



Hi folks,

I am about to launch an internet radio show (or youtube show) where I plan on giving dating and relationship advice to people who call in or email the show. My plan is to ask them to only give their first names (or nicknames), and announce on the show, on my website, and on my voicemail message that I will be using their voicemails and emails on the show.

I will also clealy state that by leaving messages for me in any form, they are effectively giving me ownership rights to them to use in any way I wish.

In the long run, I'd like to use the emails as material for future books, and to use the voicemails as material for downloadable mp3s.

I plan on selling their questions and my answers to fans as downloadable information products.

So my question is:

Is it legal for me to do this?



Thanks in advance for taking the time to read this and to offer me your answers.


s5

 

[Hot Topic]

In other words, you want help in figuring out how to ultimately make money off people without compensating them for their contributions.

 

[s5264147]

"In other words, you want help in figuring out how to ultimately make money off people without compensating them for their contributions."


Hot Topic,


No. That's not what I'm saying.

Just like any radio show call in program, or any advice column-----the value being offered to the caller and/or emailer would be the advice that will be given to them in my responses to them (either via their call being chosen to be featured on the program or their letter being featured as part of the subscription newsletter).

After the fact, the plan is to compile these emails and calls----along with the answers I give, then sell them to the general public as downloadable products.

I'm not sure what the problem would be in doing this. I'm thinking of all the numerous compilation books that are being sold today that seem to do something very similar.

Here are a few examples of what I'm talking about:


Since You Asked:
Amazon.com: Since You Asked (9780979327001): Cary Tennis: Books


Life's Guide:
Amazon.com: Jinsei Annai: Life's Guide : Glimpses of Japan Through a Popular Advice Column (9780873327626): John M. McKinstry, Asako McKinstry: Books


Dear Playboy Advisor:
Amazon.com: Dear Playboy Advisor: Questions from Men and Women to the Advice…


The "Times" Brief Letters to the Editor:
Amazon.com: The "Times" Brief Letters to the Editor: Bk. 1 (9780007121946): Mike…



It's doubtful that any of these authors paid people to write letters to them, isn't it?-----or is it?

If so, someone please step forward and educate me. My intention isn't to cheat people, but to simply generate another form of LEGAL revenue through the advice I'll be offering.

So again...does anybody know whether or not it's a legal and above board practice to use my fans' voicemails and emails for the purpose of compiling the info into books and audio products to be sold?



Thanks in advance for your responses, folks.


s5

 

[s5264147]

Just checking back in.

Has anyone got any more input or direction they'd like to give regarding my question?


Thanks!

 

[quincy]

With the proper consent granted you by the callers or writers to your advice show and the right advisories, you can do what you are proposing to do with little legal risk.

I strongly suggest that you have an attorney go over all your plans before initiating them, however. It would be wise to have an attorney help you draft the consent and terms of service agreement, to make sure the agreement covers all of the proposed uses you intend to make of the submitted communications, and to make sure the agreement grants you all of the rights you will need for your venture.

And it would be wise to emphasize to all who contribute material for your show that they should not provide ANY identifying or identifiable information on themselves or, especially, information that can identify others. While using first names alone may be sufficient, using anonymous names may be better. If real names or other identifying information is provided, these should be carefully edited out prior to publication.

In addition, I strongly suggest you have a caveat of some sort, advising those who choose to take part in your show that you are not responsible for what happens if they choose to take any of the advice offered, especially if you have nothing that makes you a "dating and relationship" expert (ie. a degree that can help support your qualifications to offer advice). You can take a look at the bottom of this page and read the "Important Notice" that is printed by FreeAdvice to get an idea of the type of warning that may be wise to have.

Again, I recommend you have an attorney review your plans and advise you on all areas of it, from the consent agreement wordings to the warnings, so that you are protected as much as possible from any lawsuit that may arise from either the advice you offer or from your uses of the material provided you by those seeking your advice. As creator of the site and the one in control of its contents, you can be held legally liable in any suit that should come from what is published on your site, so taking out liability insurance to cover any potential lawsuit is also wise.

Good luck.

 

[Alex23]

I need a date. Can you help me?

 

[s5264147]

Quincy,


Thanks for your great input! Everything you said, all seems like very sound advice to me. A few things I'd already considered, like the disclaimers, the use of fictious names by callers, etc. But the idea of getting liability insurance got past me.

I'll be sure to look into that, and I'll also consult an attorney before the first show ever goes on.

One more question:

For the kind of paid legal advice I'm looking for, what kind of lawyer would you recommend I look for? I currently don't see any listings for Entertainment Law professionals here in TN. Does it have to be this kind of lawyer, or do I have alternatives to choose from by using the "find a business lawyer" link that's listed on this website?


Thanks again for pointing me in the right direction.

 

[quincy]

A business law attorney should be able to handle the consent agreements and disclaimers for you, and will be able to go over your plans to address any areas of concern. One who is familiar with internet law would be a plus, as there are legal issues unique to businesses that operate on the internet.

Most large firms will also have media law sections, with attorneys who deal in IP issues, and defamation and privacy law. These attorneys may be an option to consider, as well.

In any event, I recommend you call around and check out several attorneys before settling on one. Quiz them on their practice area and their cases. This should give you an idea of how qualified they are to handle the type of business you will be starting online.

You could use the tools available on this site to locate attorneys in your area or you could contact the Tennessee Bar Association for direction. Taking advantage of free initial consultations, which many attorneys offer, may be helpful in winnowing your choices down.

And it appears that there is a demand for your type of business as you already have someone here seeking your advice. . . . . although finding a date for Alex may be quite the challenge.

Good luck.

 

[s5264147]

Great feedback again, Quincy.

I'll proceed accordingly.

And "help" is on the way, Alex.

 

[quincy]

Good luck with your business, s5264147.