QUESTION

With the motion sensors can I legally have them turn on when someone is close?

Asked on Apr 08th, 2013 on Entertainment Law - California
More details to this question:
So I am in the process of creating some motion active software that will be used in public. The sensors detect when a person is close and lights up to offer them something. My question is what is legal to do in a case like this? With the motion sensors can I legally have them turn on when someone is close? If it’s on a vending machine can I offer different selections based on peoples height and weight? Also do I need to inform people with a sign saying that the sensor is recording them?
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2 ANSWERS

Entrepreneurial Business Law Attorney serving Portland, OR at Abts Law LLC
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Height, weight and other obviously visible statistics should not pose a privacy issue. A person might have a reasonable expectation of privacy for some things, however. For example, the heat-vision mode of the short-lived Sony video cameras from the 90s that would allow you to see a naked outline of a person from that person's heat map. Privacy issue. Weight and height? Not really you can reasonably guess at those things just from seeing someone in public. Likewise, a motion sensor to detect when someone is present is fine. Sounds like you have a neat product on the hoof. Go for it! Take care.
Answered on Apr 11th, 2013 at 12:55 AM

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Susan Marie Basko
If you are planning to place this somewhere, you will need to follow laws such as laws about advertising, signage, lighting, publicity, etc. In most locations, lighted advertising is strictly controlled and placed. You can and you should, of course, get a method patent on this asap and develop it all you want. Then, when you want to use this or a similar method or product, you can worry about the usage and the laws regarding it. Contact a lawyer.
Answered on Apr 09th, 2013 at 1:56 AM

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