QUESTION
Can I use audio/video recording of an interviewee without consent?
Asked on Aug 02nd, 2013 on Entertainment Law - Oregon
More details to this question:
The party knew about and gave verbal consent of the audio and video recordings taking place at the time of the interview. Then when asked to sign a release form, the party refused. The recording is to be used for a YouTube video, not really commercial purposes. Is it legal to use the audio/video recording if I blur-out the person's face and alter the person's voice (to be low-pitch like you see in news interviews where the person wants their identity concealed)?
3 ANSWERS
No, you may not use the recording without written permission fropm the interviewee. It doesn't matter whether the final product was going to appear on YouTube, television, or a closed circuit system or whether it was commercial or noncommercial.
Answered on Aug 02nd, 2013 at 6:57 PM
Susan Marie Basko
You are not allowed to put any video onto Youtube unless you have the express permission of every person being shown or heard. If you put up such a video, the person who objects can flag the video and file a complaint with Youtube. Youtube will remove the video. If you do such things often enough, Youtube will delete your account. This rule is not so much based in law as it is based in the youtube Terms of Service. Get onto your Youtube account, and scroll to the bottom of the page. Click and read the different rules and helpful hints on privacy, copyright, and acceptable videos.
Answered on Aug 02nd, 2013 at 4:14 PM
Theodore M. Roe
In short. No. Intellectual-property rights can only be divested by signing a written agreement. If you were to publish it in any format without consent you could be liable for infringement.
Answered on Aug 02nd, 2013 at 11:02 AM