Can I use audio/video recording of an interviewee without consent? 6 Answers as of August 08, 2013

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)?

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Thompson & Associates LLC
Thompson & Associates LLC | Benjamin S. Thompson
Yes, you may do as you suggest. In New York, a conversation may be recorded so long as one person in the conversation knows it is being recorded. You do run a risk of problems if you use someone's image or likeness without their consent. You are correct to identify that there are little to no commercial purposes of the recording, but you never know what will come of it, so best to censor the use of a non-consenting subject.
Answer Applies to: New York
Replied: 8/2/2013
Lawyer for Indie Media
Lawyer for Indie Media | Sue Basko
The Youtube Terms of Service will apply. The Youtube TOS says you cannot post any video that any person shown or heard objects to. If a person is specifically saying you cannot use their video, then you cannot put it on Youtube. If you do put it on Youtube, the person can easily have it removed by starting an account, clicking the flag icon below the video, and filing a report. Youtube will then remove the video. If you have repeat violations, Youtube will delete your account and you will lose all your likes and your view counts.
Answer Applies to: Illinois
Replied: 8/2/2013
Lawyer for Independent Media
Lawyer for Independent Media | Sue 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.
Answer Applies to: California
Replied: 8/2/2013
Sebby Law Office
Sebby Law Office | Jayne Sebby
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.
Answer Applies to: Nebraska
Replied: 8/2/2013
Roe Law Firm
Roe Law Firm | 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.
Answer Applies to: Oregon
Replied: 8/2/2013
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