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hollywooddouchenoz t1_j6d9v95 wrote

Reply to comment by fierceindependence23 in Over 2 months ago, I put a video together about the appearance of Heather Donohue's voice from Blair Witch Project (who changed her name to Rei Hance in 2021) and how she was not credited or paid for her voice appearing in Academy Award Nominee, Tár. by HalpTheFan

I would imagine her original performance was non-union and their contracts likely equated to a work-for-hire agreement in which their up front payment represented a whole “buy out” and no further royalties would be paid. (Quick googling of articles written on the topic of their compensation seem to allude that is is true).

In that case I would imagine the production company owns the footage and the performances and so when it is licensed, all the money paid goes to the owner, with no residuals due to the performers.

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fierceindependence23 t1_j6dapbz wrote

I see. That makes sense. And IF that is the case, wouldn't that render any complaints moot?

In other words, when you sign over the rights to your image or voice for a film, for full payment up front (I seem to recall James Earl Jones doing this for the voice of Darth Vader, 10k in cash rather than residual payments) there is nothing to complain about later.

Or am I missing something?

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hollywooddouchenoz t1_j6dbb2e wrote

Well, to be clear, the actor didn’t seem to be behind this video— some internet person took upon themselves. I’m sure Heather knows the terms of the agreement she signed; if there was grounds for her to have legal remedy, I’m sure she would have perused them already. But that doesn’t stop an interested internet fan from complaining on her behalf.

Again, all this is a best guess based on my experiences in this field. I have never personally investigated the terms of licensing for the Blair Witch Project.

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HalpTheFan OP t1_j6eo7jz wrote

But what if there was no credit to the production company either?

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hollywooddouchenoz t1_j6fahkc wrote

As long as they paid to license the material they might not be contractually obligated to provide screen credit. It varies based on company requirement and guild rules.

I mean I’d find it really difficult to believe a large production like Tar didn’t negotiate full worldwide clearances and their E&O insurers didn’t go through the film with a fine tooth comb— but stranger things have happened. In which case it’s up to the controlling entity to seek compensation.

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HalpTheFan OP t1_j6fbbz0 wrote

I think that's more than reasonable, I just know that sometimes they do at least credit Sound/Stock Companies such as Getty or Shutterstock in the credits. Didn't see anything like that. I also just highly doubt that something iconic like that scream would not have a copyright or a company tied to it.

I've spoken with Rei since and apparently she has reached out to lawyers around the rules regarding copyright or about using her voice specifically and if someone may have licensed it since.

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hollywooddouchenoz t1_j6fe7vl wrote

Let me say although I saw Tar, I don’t know the context where this clip was used. If it was just the audio worked into the sound design— it’s possible it was slipped in by an editor without being officially noted (was it the screams she heard in the park?). In which case there could be a lawsuit here.

Also, I have no doubt there IS a copyright covering the sound and visuals of the original film; and they definitely should have paid a licensing fee to the controlling entity for using it in their production.

In the case of a traditional production made under guild agreements; actors, director, composer would be compensated as part of that licensing agreement process (if the clip used involved visuals or the music).

In the case of licensing materials that were produced outside of those guild agreements, there is often no requirement to pay the talent involved. So even if there was money properly paid, there’s a very good chance that none of it would go beyond the corporation owning the rights (Live entertainment?)

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HalpTheFan OP t1_j6fhxmy wrote

It was also used in the trailer too. So in both instances, it was in the trailer (promotional material) and the final film. Yes, the scene is the screams she heard in the park. It's in the clip I've shared above.

I'm also not sure if Rei is apart of any guild - at least any more but at the time of recording, she may have been.

Also thank you for having a reasonable and forward argument on this, instead of just defending a company that is likely in the wrong. I do genuinely appreciate that.

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hollywooddouchenoz t1_j6fp3s3 wrote

The interviews I’ve seen with the cast and producers specifically point out the film could never have been made under SAG rules (since they basically were “working” 24 hours per day). So I’d imagine this film was made outside of any union contracts, and if I were a betting man I’d guess they were paid $1000/day as a full buy out.

That doesn’t mean a good lawyer couldn’t claw back some dough for her: but if she wasn’t able to renegotiate at the height of the film popularity I can’t imagine the $$$$ would be worth the legal fees now.

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