Is it legal to post videos online?

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1advancing

Young grasshopper
Oct 18, 2016
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I see a lot are posting videos, sometimes with faces visible. Some videos are interesting to watch, but curious if it is legal to publicize such videos or there could be privacy issues? I have a few videos I could post sometime too but not sure if I should.
Also does anyone know about if it is legal to put a camera that records just a road? (easement) I know it is legal to record it if you are recording part your property and part the road, but what if you point it just on the road?
Also anyone know about laws for recording audio? Is it true that there has to be a visible sign in a business that says audio is being recorded? Or a sign that says there is video surveillance is enough? Not sure if there are legal-educated people here but thought I'd ask.
 
There isn't a catch all right or wrong answer so you're best bet is to research the laws within your state. Start by looking online for your own states crime code. If you aren't happy or comfortable with what you've found, I'd suggest contacting a local magistrate or county courthouse/district attorney and go from there. From my own experience, video recording isn't normally a huge issue and in this day and age. As long as you aren't focusing a camera towards someone elses property and recording say a pool area or trying to record video of the inside of their house, you should be just fine. Public roadways are also normally ok as well as long as they are in fact maintained by local/state government and you don't live in a development where roads are maintained privately by say a homeowners association or something like that.

Audio is an entirely different story. Google "two party consent" and you'll see some states require both parties consent to record audio (either via telecommunication device or in person) while others require just consent from one party. If you are unsure or have questions, I'd def contact your local police department. Most decent sized departments should have at least 1-2 officers trained in Federal and State wiretapping laws. You can also call the county sheriffs department or the local state police barracks nearby if your local police department can't answer your questions or your county's courthouse/district attorneys office for further clarification.
 
If your in the USA this is applicable: https://www.aclu.org/issues/free-speech/photographers-rights

Taking photographs and video of things that are plainly visible in public spaces is a constitutional right
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if your walking down the sidewalk, driving down the road, or in a place that is plainly visible from my property or any of the public property around me.. its fair game.

only privacy implications come if you start using massive zoom to look into people's windows or anyplace someone had a reasonable expectation of privacy.

Audio on the otherhand, thats not protected by our constitution.. check your local laws and regulations.. even only inside your own property it can still be illegal unless you put up signs or otherwise get prior consent from all parties.
 
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1advancing said:
Also anyone know about laws for recording audio? Is it true that there has to be a visible sign in a business that says audio is being recorded? Or a sign that says there is video surveillance is enough? Not sure if there are legal-educated people here but thought I'd ask.
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Audio recording can be tricky as other have already said. You should probably get a sign that covers both audio and video. Go to McDonald's, there's a sticker on the door that says video and audio is recorded on the entire premises. Those signs have been there more than 10 years and I bet you've never noticed one.
 
If it becomes broadcasted on TV without agreement, this I think causes some issues of legality and could get some problems. So I hear.
 
Video recording is generally OK here in Massachusetts. Audio recording is more challenging. Audio recording requires 2 party consent, meaning the person you are recording has to know and agree to be recorded. So even posting a sign inside a business premises that "audio recording equipment is in use" would not really comply with MA law, since the party being recorded has not given consent. So posting a video online that contains audio recorded in a MA business without the party's consent, could result in prosecution under MA wiretapping statutes, if the party complains. Do check local laws as rules vary from state to state, jurisdiction to jurisdiction.
 
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looney2ns said:
Usually not advisable to take legal advice from the police. They get it wrong more then they get it right and some like to make up their own laws.
Call a lawyer.
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Funny, I've seen the exact opposite since most attorneys deal in civil and not criminal law. That's why I recommend calling the district attorneys office. They're the ones who would be responsible for actually prosecuting if something illegal would occur and the police wanted to charge you.


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PSPCommOp said:
Funny, I've seen the exact opposite since most attorneys deal in civil and not criminal law. That's why I recommend calling the district attorneys office. They're the ones who would be responsible for actually prosecuting if something illegal would occur and the police wanted to charge you.


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There are just as many attorneys practicing criminal defense... the DA will not give you legal advice ..
 
fenderman said:
There are just as many attorneys practicing criminal defense... the DA will not give you legal advice ..
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Legal advice from an attorney is different than clarification of law from a judicial body. Maybe the DA's in your county refuse to provide that type of service but it's commonplace where I'm from.

I've spent countless hours explaining the difference between the two with regards to numerous things. Most commonly are the 2nd Amendment, property disputes between landlords and tenants, as well as Child Custody disputes.

Some questions I can't answer, especially when they start with "What should I do if...". But that doesn't mean I can't, say, tell a person it's illegal to carry a firearm on school property or while in a courthouse. Or advise someone that their landlord can't throw them out in the street without proper eviction notice. I can advise them that laws are in place that prohibit these things. Just like the DAs office can.

What I can't provide however is advice on how to plea to a prohibited weapons possession charge or what a tenant should do if a landlord evicted them properly and placed their property in storage and is refusing to return it without payment. That's what an attorney is there to provide help with.

That being said, if you do contact an attorney for legal advice, i'd at least recommend going with one who has in fact dealt with these types of laws as opposed to someone who would be primarily a personal injury attorney or who isn't familiar with said laws. I just did a quick google check and the closest offices I saw for this type of thing were both over two hours from where I live.



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Bradmph said:
If it becomes broadcasted on TV without agreement, this I think causes some issues of legality and could get some problems. So I hear.
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Not if the video was recorded in a public place, and as long as the recording is not up a female's skirt without her consent.
 
There's a potential copyright claim by the owner if its rebroadcast; but if its newsworthy it can be quoted, attributed and reported upon as fair use.. they just need to chop it up into a highlights reel.. the line is drawn at gawker; dont publish when you have an injunction against you.
 
PSPCommOp said:
Legal advice from an attorney is different than clarification of law from a judicial body.
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Its one and the same...the DA/prosecutors advice does not give you any special protections...they can choose to prosecute you despite telling you something is allowed. The DA's office is not a judicial body..If there is a 2 hour drive to find a criminal defense attorney, then you must life in a relativity crime free area...
 
Anto said:
Not if the video was recorded in a public place, and as long as the recording is not up a female's skirt without her consent.
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LOL, This guy used Hershey Kisses on an escalator to make girls bend over for them.

 

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fenderman said:
Its one and the same...the DA/prosecutors advice does not give you any special protections...they can choose to prosecute you despite telling you something is allowed. The DA's office is not a judicial body..If there is a 2 hour drive to find a criminal defense attorney, then you must life in a relativity crime free area...
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Ones that specialize in Privacy Law aren't abundant in my area.


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In my experience, your lawyer's opinion is often worthless. The other guy's lawyer has a different opinion. The judge's opinion is the only one that matters, and un(?)fortunately you can't hire the judge.

Buying an expert opinion will, however, stack the odds heavily in your favour if you follow their advice before you ever have to go to court.
 
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