By Michael Welsh Productions

09/17/2021 After all these years, many advertisers still think that all they need is a synch and master license; or they think that because their production is non-union, that union rules don’t apply to them; or they are unaware of International civil laws that pertain to this subject. This issue of obtaining vocalist’s direct permission to use their performance in a commercial goes beyond union (SAG-AFTRA) rules.

Many States (like California), have “right of publicity” laws in place to protect performers from exploitation by advertisers.
SAG-AFTRA Jurisdiction
By signing the label’s master license, the advertiser must act “as if” their production is a union production. This begins by obtaining the “principal vocalist(s)” direct permission to use their voice in a commercial: “[No singer’s performance] shall be used in commercials without separately bargaining with the principal performance and reach an agreement regarding such use…” – Section 28 of the SAG-AFTRA Commercial Contract.
The consequences for not obtaining permission from a SAG-AFTRA member/performer will be controlled by union rules, up to a point.
Possibility of damages
If Producer fails to separately negotiate as provided above, the principal performer shall be entitled to damages for such unauthorized use equivalent to 3 times the amount originally paid the principal performer for the number of days of work covered by the material used plus the applicable minimum use fees under this Contract but not less than 3 times the applicable session fee at the rates provided under this Contract plus the applicable minimum use fees under this Contract.
Foreign and Domestic Civil Law Jurisdiction
As mention above, California and other states have specific laws in place to protect performers from exploitation. Similar laws exist around the world in many countries. Since most Internet advertising is world-wide, it becomes crucial to lock down these permissions. Remember, a performer’s voice being connected to a product or service implies their endorsement of that product or service.
It’s best to go by the SAG-AFTRA’s definition of a “principal vocalist” and ask these two questions: 1) how many singers are there? And 2) are they singing solo lines? For reasons stated above, it doesn’t even matter if they’re known or unknown. Just do it.