By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
The intersection of copyright and fair use remains a gray area for media creators, especially in music. Two cases – Pop Smoke’s use of an interview clip in “Tunnel Vision (Outro)“ and Bruno Mars’ use of a voicemail from Halle Berry in “Calling All My Lovelies“ – offer crucial lessons. While one led to legal action, the other was resolved without litigation, underscoring the importance of understanding copyright laws when using external audio.
The Pop Smoke Case: Unpermitted Use Leads to Legal Action
In 2020, journalist Victoria Inoyo sued Pop Smoke’s record labels, alleging they used a 16-second interview clip without permission. She sought $1.5 million in damages, credit as a writer, and a share of publishing revenue. The case was settled out of court, but Inoyo was not credited as a songwriter. This highlights the importance of obtaining permission before using recorded speech, even if it features an artist discussing themselves.
The Bruno Mars Case: A Voicemail Used with Permission
Bruno Mars featured a voicemail from actress Halle Berry in “Calling All My Lovelies“ from his 2016 album “24K Magic.” The voicemail added a playful and personal touch to the song, and because Berry gave explicit permission for its use, no legal issues arose. This highlights the importance of obtaining proper authorization when incorporating third-party audio.
Key Takeaways for Media Creators
1. Copyright Still Applies to Spoken Word – Just because audio clips discuss an artist does not mean they are free to use.
2. Fair Use is Not a Guarantee – Using spoken-word content in a transformative manner does not automatically qualify it as fair use.
3. Seek Permission When Possible – Negotiating proper licensing before using copyrighted speech can prevent legal disputes.
4. Personal vs. Third-Party Audio – Bruno Mars’ use of Halle Berry’s voicemail did not lead to litigation, demonstrating how securing consent can help avoid legal issues.
For media creators, these cases illustrate the need for careful legal consideration. Proper permissions and clear transformative intent can mean the difference between a seamless creative process and a costly legal battle.
Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; senior partner, Harrison Media Law; and executive producer, Goodphone Communications. He is available for private consultation and media industry contract representation. He can be reached by phone at 724.484.3529 or email at matthew@harrisonmedialaw.com
