Legal Question in Entertainment Law in California

Is it legal to post a video of someone you filmed in public, even if they say, "I don't give you permission to film me?"

For example, there's a video of a hidden camera prankster who pranks a guy and the guy tells him "Don't use my footage or record me." So my question is- does the guy who was being filmed have any rights or grounds to file suit or removal of the video?

Thanks.


Asked on 4/08/13, 11:48 pm

1 Answer from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

You may be sued for invasion of privacy and other "rights of personality" belonging to the person being filmed, especially if the camera was hidden. Occasionally, people say (on screen) that they don't want the footage used, but then later (offscreen) sign a release, so what you see on screen may not be the final word.

If a camera is visible and you tell the person you want to photograph them, then they have an opportunity to say 'no' and get out of camera range to avoid being photographed. If you are interviewing someone and they continue to talk to you while you run a camera, their consent may be implied. There is no such implication where the camera is hidden.

Most website administrators will remove material if there is a claim of an infringement of rights.

This is a very general outline of some issues that apply to your question. It should not be considered a comprehensive statement of the law, and may not apply to any specific situation. If you need a precise answer, you should consult an attorney familiar with this area of law.

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Answered on 4/16/13, 7:30 pm


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