QUESTION
A Customer videotaped a coworker and I as a prank and posted it on youtube without our consent, what actions can we take against him?
Asked on Apr 25th, 2012 on Entertainment Law - Virginia
More details to this question:
The person came in to our place of work and started speaking in a very confusing manor, I guess to get us to fly off the handle and get mad, he did not have our consent to post the video online (youtube and facebook). There are also other videos of people elsewhere in our store that he confronted and videotaped. Although he did not threaten us in any way we feel that our personal privacy has been obstructed. Is there any legal action that can be taken against this person?
1 ANSWER
Sports Attorney serving Sunrise, FL
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Nancy J. Flint Attorney at Law, P.A.
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This is a difficult area of the law. You should check the terms of use on YouTube and look for a place to file complaints about content. You and your customers have rights of publicity in use of your image and voice, but the countervailing question is whether this is for commercial use or not. Go to YouTube first and see if you can get them to take it down. A legal fight will probably be expensive and protracted.
Answered on May 05th, 2012 at 7:59 PM