Going to be quite scant on details but…
I was out and about, and was messaged by two friends independently saying they were surprised to see me in a YouTube video.
Confused, I asked what they were on about. Turns out, a guy I gave advice to had then started recording me towards the end of our interaction without telling me, and has, weeks later, uploaded it as part of a longer video.
I was pretty tired at the time and doing the guy a favour (out of annoyance), and I don’t like a few things, one of those being that he put me online (which, within hours has been viewed hundreds of thousands of times).
What can I do? I have already messaged him to tell him to remove me, but this seems like a ridiculous invasion of privacy.
Not a lawyer or legal expert, just a google-er
Definitely a huge dick move, but if it’s illegal is a different matter. From what I understand, in the US (If this happened in the US) it depends where it took place. If you were in public it’s mostly okay for them to record because “Anyone else could have been listening in” so there is no “expectation of privacy”. If it was in private then that’s easier to argue.
Now, for what you can do. I think this is one of the times you could actually issue a DMCA complaint. While it’s not copyright… we all know youtube has a quick process and err on the side of caution. You can report it and say you’re in it without consent, or if you want to send a full DMCA compliant that could work.
What you could easily do is of course let your friends know this was done without your consent, and be public about it. Nothing like telling the truth, no one likes someone who secretly records them. Don’t let them keep it a private thing, call out how crazy disrespectful it is
Thanks. I told them as much and that it was odd, but I don’t have the opportunity, nor the desire to make it a big thing outside of getting myself taken out of the video. The copyright/DMCA concern requires a lot of detail which I just don’t have, so I went through the recording-without-permission route which seems to be a goer.
I think it technically would be copyright, it’s his likeness that the scumbag is using without permission.
Unfortunately your likeness isn’t protected. There may be certain circumstances where you can prevent it from being used, but it’s an uphill battle.
I’d send him an email informing you will seek to take legal action if he doesn’t take you offline within 24h.
Where do you live? Recording a private conversation without permission is a felony in two party states in the US. Meaning both parties most consent to the recording.
You may also have a recourse through YouTube’s reporting system.
I tried reporting but didn’t give me a relevant option.
This is in Europe. I just did a quick search and you’re right, consent is needed where this was recorded.
From what I understand EU law is pretty strict on the fact that they must obtain permission first. That may vary by country though.
Edit: comments below are correct. I believe I’m thinking of businesses recording you which is part of EU law where personal conversations only seem to be addressed country by country if at all.
You’re right, found the relevant reporting process. Feels a bit too late now but yeah, did it anyways.
Yeah it varies. In my country you only need to participate in the conversation to be allowed to record it.
You can also film or photograph anyone you feel like in public as long as they aren’t in a place where privacy is expected like a bathroom or something like that. In general you can record and upload all day long.
The law is much stricter on surveillance cameras.
Photographing or filming someone in a public space has always been very legally distinct from recording a private conversation in pretty much every jurisdiction.
Yes of course but recording a private conversation has been legal before and I couldn’t find any good indications that it has changed under the GDPR.
The law essentially says that it’s illegal to record or listen to private conversations which you aren’t a part of using technical instruments.
So it’s legal to press your ear against a wall but it’s illegal to use any tech to listen/record to anything.
I wonder if a cup pressed against the wall counts as tech
In Germany and I bet in other Europe countries as well, there are official free legal advise dates in courts. You just go there and ask a lawyer for free legal advice. I think that is your best and easiest bet. If they tell you to sue then you might have a shot and can potentially get quite a bit of money back
Ask a local lawyer. Laws vary about recording someone without their permission.
Where do you live? What are the laws around recording another person without their consent. Note that usually audio recording in public is more restrictive than video in public, so assuming he didn’t mute the audio of the clip, you probably have a case there.
As for the suggestion about DMCA takedowns, that depends on of the information you shared could be considered copyrightable since the recording copyright belongs to the person doing the recording. That’s not common, so you could file a DMCA takedown, but I have a feeling it might not be legitimate. There might be other YouTube terms and conditions that they violated, though. Check the “Report” button for the options. I don’t have an account anymore to look.
In America so long as your in public and haven’t made privacy for yourself then audio or video are the same. If I could hear it and remember it and I’m in public I can record it. If I can see it and remember it and I’m in public I can record it. Audio only matters if they have a reasonable belief that the conversation is private.
Depends on the country and where it was recorded
In a lot of places, it’s completely legal to record if he’s part of the conversation.
If he was not, in many places it’s illegal
If it’s a public place where there is no expectation of privacy, also possibly nothing you can do
Recording and public dissemination of that recording through social networks are quite different concepts.
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Of course I am curious but maybe we should respect the privacy of the person trying not to be in a YouTube video.
No harm in asking. U cant put the cat back in the bag.
There’s a reason you didn’t ask me and asked everyone else, because you know there’s harm. Stop weaseling.
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Depends are all my friends jumping off the bridge as well?
It must have stung real bad back when you believed (or knew) you’d be mocked if you asked for help, at a time when you were in pain or distress. I’m sorry you had (or have) to go through that. It’s a shit feeling and nobody should be subjected to it.
Just don’t perpetuate the cycle please.
Ur doing an awful lot of projection here. Juat cos ur only way to express your feelings is by taking it out on others doesnt mean thats how everyone thinks.
I might be, but do you feel like my statement was unfair? Do you think it was unwarranted?
You can still interact mindfully with the cat. No need to kick it.
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Depends on your country/state. Ask him to redo that section of the video to leave your presence out of it to respect your privacy. If it affects you negatively in any way and puts you at risk, that is also something you can sue for.
I personally am a fan of being able to record any situation you might want to hold people liable to, but another thing completely is spreading it irresponsibly through social networks as a hit piece for an idea that you want to disseminate a biased and caricaturized version of an interview to represent, specially when they might not even be representing themselves in any capacity. I don’t think they need to take their video down, they just might need to obfuscate your face and voice on request.
I personally am a fan of being able to record any situation you might want to hold people liable to
I am not a public figure, and the questions were pretty innocuous, I just do not want to be filmed in a not-so-public place in an underhanded way without permission, especially when money is being made from the video.
Frivolous DMCA takedown request?
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