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  1. #1
    Join Date
    Jan 2015
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    2

    Default Who Owns Copyright to a Video Recorded Without Permission

    Good afternoon all,

    Thank you to all in advance for your help. I'll try to keep it brief.

    Recently, a friend and I had a fairly personal video/audio conversation via Skype. He resides in a one party consent state, and I reside in a two party consent state. After the call, I found out that he had recorded both video/audio.

    I'm more concerned with the copyright aspect here, as I understand even if wiretapping laws were broken, a DA would likely not pursue a case like this. With that said, hypothetically, would he be in the clear from a criminal standpoint, given that he did not break the law in his state (one party consent)?

    Secondly, who would own the copyright to the video? The video of me was obviously transmitted via my webcam, but recorded on his computer via a screen recording software. My main question here is, if I ever found this recording online, would I be able to use a DMCA takedown notice?

    Thanks again everyone.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Who Owns Copyright to a Video Recorded Without Permission

    The person who creates the video owns copyright of the video. That doesn't necessarily mean that the creator of the video owns all of its content -- for example, copyrighted music used in the soundtrack must be licensed by the person making the video. It doesn't necessarily mean that the content of the video can be distributed without other legal issues, such as a privacy-based tort.

    As for the video itself, while you may have owned and pointed the webcam, the recording at issue was made by the other person. He's the one who fixed it in a tangible form, so as to obtain copyright.

    It is unlikely that a prosecutor in a two-party consent state would attempt to prosecute somebody in a one-party consent state for recording a conversation. If you want to see what your local prosecutor might do, you can consider asking his office or making a police report.

  3. #3
    Join Date
    Jan 2015
    Posts
    2

    Default Re: Who Owns Copyright to a Video Recorded Without Permission

    Quote Quoting Mr. Knowitall
    View Post
    The person who creates the video owns copyright of the video. That doesn't necessarily mean that the creator of the video owns all of its content -- for example, copyrighted music used in the soundtrack must be licensed by the person making the video. It doesn't necessarily mean that the content of the video can be distributed without other legal issues, such as a privacy-based tort.

    As for the video itself, while you may have owned and pointed the webcam, the recording at issue was made by the other person. He's the one who fixed it in a tangible form, so as to obtain copyright.

    It is unlikely that a prosecutor in a two-party consent state would attempt to prosecute somebody in a one-party consent state for recording a conversation. If you want to see what your local prosecutor might do, you can consider asking his office or making a police report.
    Thank you for your response Mr. Knowitall. I'm just a little confused still. Let's say I'm watching the Superbowl on TV; I point a camera at my TV and record the Superbowl. I could now post this online and not be in any violation of copyright law? I'm just a little unclear; hopefully my analogy makes sense.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Who Owns Copyright to a Video Recorded Without Permission

    Rights to broadcast the Super Bowl are rotated yearly and they are tightly controlled. You never, ever have permission to record or distribute the broadcast. This is very very different from your premise.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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