A short interview excerpt can carry copyright questions into a song, podcast, or video. The Pop Smoke copyright dispute over Tunnel Vision (Outro) illustrates that risk. Halle Berry’s appearance on Bruno Mars’ Calling All My Lovelies offers another familiar audio example, but the public record does not establish the permission arrangements behind it.
What the Pop Smoke Copyright Lawsuit Alleged
On November 19, 2020, journalist Victoria Inoyo sued Victor Victor Worldwide and other music companies over audio used in Tunnel Vision (Outro). Her complaint alleged that approximately 16 seconds came from an interview she recorded with Pop Smoke at Rolling Loud in December 2019.
According to the complaint, the label offered $1 for permission, negotiations followed, and a representative then said Inoyo’s vocals would not be used. Inoyo alleged that the released track nevertheless incorporated the interview without her authorization. She anticipated damages exceeding $1.5 million. These were allegations, not findings by a court.
How the Case Ended—and What It Did Not Decide
On January 13, 2021, Inoyo filed a voluntary dismissal with prejudice, with each side bearing its own costs and attorney’s fees. The notice does not disclose payment or credit terms, and it contains no fair-use ruling.
The dismissal therefore does not tell creators whether this particular use was fair use, or establish what compensation or songwriter credit Inoyo ultimately received.
Bruno Mars and Halle Berry: A Different Audio Example
Halle Berry makes a voicemail-style appearance on Calling All My Lovelies, from Bruno Mars’ 2016 album 24K Magic, as contemporary coverage reported. That appearance alone does not establish the terms of any permission or licensing agreement. It should not be presented as proof that permission prevented a dispute.
Can a Short Audio Clip Be Fair Use?
Possibly, but there is no automatic safe number of seconds. The U.S. Copyright Office explains that fair use requires weighing the purpose and character of the use, the nature of the original work, the amount and significance taken, and the effect on the potential market.
Adding music or placing an interview in a new context does not settle that analysis. Nor does a commercial release automatically defeat fair use. The specific use and all four factors matter.
Before You Publish Recorded Speech
Identify the source of the recording and who can authorize the proposed use. If you obtain a license, document what it covers. If you rely on fair use, assess why the excerpt is needed, how much you take, and how your use affects the original work’s market.
For a preliminary review of your planned use, start the Use Check. Bring the original recording, proposed edit, and any permission correspondence to a lawyer when you need advice about a specific release.
Related Reading
- The Soundbite Trap: How Editing in Radio and Podcasting Creates Legal Risk
- Can I Use This Clip?
- Copyright & Fair Use Resource Center
- Broadcaster Rights Resource Center
Need help evaluating media risk before publishing?
If editing, commentary, clipping, or republishing creates legal risk for your show, publication, or brand, Harrison Legal Group can review the situation before it becomes a bigger problem.
Matthew B. Harrison is a media, intellectual property, and digital rights attorney. He advises broadcasters, content creators, publishers, and entrepreneurs on copyright, trademark, AI, defamation, and content licensing issues. Reach him at Matthew@HarrisonMediaLaw.com or read more at TALKERS.com.