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xof7

audio legality question

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I've got a unique legality question for you guys. Say a friend of mine was interviewed (audio and video) for a national tv show. Lets also say that I setup an audio recorder to record the audio of said interview.

While I'm at it lets also say that I've uploaded the audio to the friend of mines website who was interviewed and have received an email from the producer of said TV show to remove the audio.

From my understanding of the law, I dont think that I need to remove the audio recording since it was in my friends personal home.

Any thoughts?

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You recorded off of the radio/tv, so you have to listen to them. If it was your recorder left there, then you could have kept the recording.

Edited by WhatChout
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The episode of the tv show has not aired. It was not recorded off of the tv show, but in realtime as the interview was taking place. I have received an email from the person asking my friends the questions in the interview and they are stating that it is against the law to record a person without their knowledge in my state.

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Did he sign some sort've release contract with them? If so, he probably gave them exclusive right to whatever he might've said. Media contracts are usually very broad in nature.

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they are stating that it is against the law to record a person without their knowledge in my state.

I'm not a lawyer and if you need a disclaimer you should just stop reading here.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

That is true in some areas. Regardless of contract, your friend my still have some rights depending on his role, the subject matter, and context of the piece. Start by comparing the piece against the standards of "fair use" (just search). You may also want to verify if it actually is illegal to record without subjects knowledge in your area. Most importantly, can you and your friend afford to defend yourselves?

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The episode of the tv show has not aired. It was not recorded off of the tv show, but in realtime as the interview was taking place. I have received an email from the person asking my friends the questions in the interview and they are stating that it is against the law to record a person without their knowledge in my state.

The contract he signed probably states pretty clearly whether or not you can use the audio in that way. If the interview was conducted in the state of Washington, then they're correct on the point about it being illegal to record without the consent of both parties. http://www.rcfp.org/taping/ summarizes the law in various states regarding this. The fact that there was already taping going on might muddy up the argument a bit, but it still stands that they should have been informed.

I'm not a lawyer, and you really shouldn't listen to any advice I have to give.

Edit: Out of curiousity, is it regarding this: http://www.spokesmanreview.com/blogs/txt/a...ve/?postID=1815 ?

Edited by McGrewSecurity
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It's not an easy question. On one hand, Washington requires all parties to consent to recording, that much is absolutely clear, so if they are just having a conversation you cant record them without consent.

However, given that consent was given (since it was an interview), I don't think it applies here. Perhaps you should talk to a lawyer to find out, though.

I've got a unique legality question for you guys. Say a friend of mine was interviewed (audio and video) for a national tv show. Lets also say that I setup an audio recorder to record the audio of said interview.

While I'm at it lets also say that I've uploaded the audio to the friend of mines website who was interviewed and have received an email from the producer of said TV show to remove the audio.

From my understanding of the law, I dont think that I need to remove the audio recording since it was in my friends personal home.

Any thoughts?

I thought that that might apply since she was aware she was being taped. Yes it was an interview of Robert M0ore (dont want this google indexed properly) in that Spokesman interview article you posted. The interview was for Americ(as) M(ost) Wanted. They are trying to catch his accomplice.

The person that is threatening to sue me is not the AMW, but rather the individual in the interview.

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Ummm if Washington requires both sides to agree to being recorded then are 'hidden' video cameras illegal?

but if both sides knew the conservation was being recorded. And they knew you were recording it then what's the problem? If an agreement was signed, it was between the interviewer and the interviewee. Your sig isn't on the paperwork right?

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The person that is threatening me is the person who was interviewing my friend. Recording equipment was placed on site besides the camera crew to record the audio of the interview.

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IANAL:

Assuming you have m00res permission and he didn't sign an exclusivity agreement (read the contract already :roll: ) you can legally use his side of the interview - and only his side - as any other participants would require further permission if it was not given prior unless there was no expectation of privacy (which with there being visible and acknowledged recording equipment there is no expectation, though they may (cough more than likely) have agreed to final edit/publication/distribution rights for example).

Read the contract and speak with a lawyer, shouldn't take very long to hammer things out.

Edited by jabzor
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I don t, know , it would depend on state law.

Consent only applies if there is an expectation of privacy.

Its an interview , so there is NO expectation of privacy , unless it happened on their turf. If it was in a neutral , or public location , they wouldnt have a case.

Also , what did you get from them , a C&D (cease and desist) , did they cite the DMCA?

If so , send a counter claim.>

http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html

Or

http://www.chillingeffects.org/index.cgi

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When AMW asked that I remove the audio from the website, I complied. However the current issue is with the person interviewing my friend. In the audio that I recorded, their is the voices of my friend and the person interviewing him. The person who interviewed him is threatening to sue me. The problem is not that I placed the audio online, but that I recorded her without her consent.

Edited by xof7
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I dont think they would have a case , again , its an INTERVIEW.

What is done with interviews , they are published.

Hence , no expectation of privacy.

Did a quick search on http://www.findlaw.com/

From > http://news.corporate.findlaw.com/ap/o/51/...150e27b4f5.html

"As a matter of law, Smith could not have a reasonable expectation of privacy in a video that he had previously licensed for broadcast on national television," Scheindlin said, rejecting Smith's claims that once-public facts can become private again.

Not in your state , but still in the ballpark.

Its an interview , and neither side of the interview has a reasonable expectation of privacy.

Of course , IANAL. But I think youre safe.

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I wonder if you should call the ACLU and just ask someone there. Sounds like it'd be up their ally.

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They gave consent for a recording. State law does not require consent be given for every recording taking place at the same time. Its like if you record a telephone call with a service rep of a company that tells you the call might be recorded. They gave consent for their own recording, which means they gave consent for all recordings of the same conversation.

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