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Discussion » Questions » Legal » Can in home private video footage be used in public without permission from the people in the video?

Can in home private video footage be used in public without permission from the people in the video?

Police are sueing rapper, Afroman, for violating their privacy rights. He used his camera footage of the police searching his home. 
 
He used the footage in his music video below. 
 
 
 
 
 
 
 
 
 
 
 
 
 

Posted - March 31, 2023

Responses


  • 33165
      March 31, 2023 5:35 AM MDT
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  • 23214

    From what I understand, no. (I didn't research closely your question. I tend to not like rap music, ha.)

    I believe that under music copyrights/etc., (even simply photographs) if he used people in a music video in which he can use it however he wishes, people involved have a right to know.
    I'm thinking he may have to get their written permission, too.

    Again, I may not know enough about it. But I answered anyway.

    Have a great day.
    Be Well.  :)


    This post was edited by WelbyQuentin at March 31, 2023 7:00 PM MDT
      March 31, 2023 6:44 AM MDT
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  • 33165
    I don't know either. I know you cannot expect privacy when in public. (This is why tabloids can print celebs picts) 
    But this inside another person's home legally. 
      April 1, 2023 5:28 AM MDT
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  • 17503
    There are certain places, such as bathrooms, where you can and should expect complete privacy.  It doesn't matter if it's in a restaurant or at work, in a hotel room,  or in someone's home. 
      April 2, 2023 10:17 AM MDT
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  • 3907
    Hello my:

    Like any private citizen, you, me and the cops are afforded privacy in our OWN homes.  But, when you're an uninvited guest, like the cops were, you have no expectation of privacy in somebody else's home...

    The castle doctrine, which the 4th Amendment is based on, says man is KING in his castle, and the authorities have to jump through lots of hoops to gain entry..    The cops thinking that the castle doctrine applies to them, is a novel legal idea, but it's really really STUPID.

    excon This post was edited by excon at March 31, 2023 7:03 PM MDT
      March 31, 2023 7:12 AM MDT
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  • 845
    They did jump through hoops, they had a legal search warrant (it's even shown in the video). It's not the officers' duty to investigate the veracity of the search warrant, just to execute it. 
      March 31, 2023 9:35 AM MDT
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  • 33165
    In my state the castle doctrine is about gun rights, if you break into my home, I have every right to shoot you. With no duty to retreat. 
     
    In this case, while uninvited, the cops were there legally. 
     
    If I visited someone, invited, could they use the ccctv video for a public use? 
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
      April 1, 2023 5:35 AM MDT
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  • 845
    Local state laws dictate what recording is legal or illegal. The legality of the recording depends on where the recording takes place, whether audio is recorded, and if there is an expectation of privacy.

    When you’re in a private residence, the most important thing to know is whether you are in a one-party, or all-party consent state. That doesn't come into play in this case. The courts have recognized a First Amendment right to film police performing their official duties (police-citizen interactions). Afroman recording the police was acting legally. 

    I could not find legal information on the distribution of that legally obtained recording.  Can you?
      March 31, 2023 9:18 AM MDT
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  • 33165
    I thought the 1- party vs 2 party consent only related to audio recording. But I could be wrong. 
    No I could not find info either.
     
     
     
     
     
     
     
      April 1, 2023 5:38 AM MDT
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  • 845
    Legislation covering video is sketchy, state to state. Perhaps the legislation covering "recordings" could mean either audio or video.  In this case, it doesn't apply based on the fact that he was filming police performing their job, a First Amendment right.
      April 1, 2023 8:36 AM MDT
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  • 33165
    I don't know either. I know my state is 1 party for audio. 
    From what it sounds like it is about using the footage to make money. 
      April 1, 2023 7:17 PM MDT
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  • 845
    We've found that it was legal for Afroman to make the video but I could find nothing on whether it's legal for him to make a profit from it. Perhaps the suit brought by the seven officers against him may be a deciding case for that issue. We'll have to wait and see.
      April 1, 2023 9:20 PM MDT
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  • 17503
    They used the footage for profit making it an NIL (name, image, likeness) privacy issue as well as false light,  and probably defamation (I have the lawsuit and will read it later...very long).  This is not a Fourth Amendment case as mentioned elsewhere.   The search was done with a warrant.     Afroman not only made a video............he put these people's images on all kinds of merchandise.  Afroman even put the judge's image on merchandise...the one who signed the search warrant.  Oh boy. This post was edited by Thriftymaid at March 31, 2023 7:17 PM MDT
      March 31, 2023 9:43 AM MDT
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  • 33165
    I did not know he had merchandise as well. That I can definitely see needing permission to use. 
    I know he has several songs on the topic using the cctv footage. If he had cctv signs up would that allow him to use the video? Then there would be no question of expectation of privacy. Then some of the footage is outside...that I do not see any issue with...we see that kind of footage all day on news and social media.  
      April 1, 2023 5:47 AM MDT
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  • 17503
    No.  You cannot use someone's image or likeness in a money-making endeavor without their express consent.   The question of expectation of privacy isn't at issue here. 
      April 1, 2023 10:19 AM MDT
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  • 33165
    Tabloids do it all the time.  Why is this different? 
      April 1, 2023 6:45 PM MDT
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  • 17503
    News Media is an exception.  They have the freedom to investigate and report. 

     
      April 2, 2023 9:44 AM MDT
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  • 3907
    Hello again, T:

    Whaaa??  The news media is an exception to what??  Dude! 

    FREEDOM of the press is the DEFAULT.  In these days of YouTube and the iPhone, who is to say who the press is?  Certainly not YOU.  The first Amendment is clear, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press." 

    Were the founders wrong?

    excon
    This post was edited by excon at April 2, 2023 10:14 AM MDT
      April 2, 2023 10:13 AM MDT
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  • 33165
    So he could just release the video and not charge for it and it's allowed?
      April 2, 2023 10:28 AM MDT
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  • 3907
    Hello again, my:

    I can't keep up with who said what..  So, lemme go back to the beginning..  The videos are his to do with as he chooses..  If somebody wants to pay him for them, that's the American way.  If the cops wanna sue him, that too is the American way.. 

    The cops will lose, of course, because in the course of their duty have no expectation of privacy especially when they're IN a victims home.  The fourth Amendment protects the homeowner from illegal searches, but not visitors..  They're protected in their OWN home.. 

    Are we clear yet?

    excon


    This post was edited by excon at April 2, 2023 12:05 PM MDT
      April 2, 2023 10:53 AM MDT
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  • 33165
    That sounds how I would want the law to say but things do not always work the way I think they should. We will have to see how it plays out in court.
      April 2, 2023 12:09 PM MDT
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  • 3907
    Hello T:

    Nahhh...  Do you mean to tell me I can't film the police and post it on my moneymaking website??? Seriously???

    Dude!

    excon
      April 1, 2023 10:30 AM MDT
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  • 17503
    I'm not telling you anything and certainly not offering you advice of any kind.   You can search your issue or call your  lawyer.   This post was edited by Thriftymaid at April 2, 2023 2:02 PM MDT
      April 2, 2023 9:48 AM MDT
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