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SC Makes Video for YouTube

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  • #16
    Quoth Mr Hero View Post
    As soon as she said she was recording video, I would have lat out told her "I do not consent to being recorded."
    Depending on your location, your consent is irrelevant. Even when it might seem like it matters, in public, with no expectation of privacy, your consent is irrelevant.

    In this case, Wal-Mart policy would rule (which, unless their policy states that your consent matters, it is irrelevant).

    If you're in a public location, you can be recorded. If you're in a private location, but visible/audible from a public location, you can be recorded. If you're in a private location, and you do not live in a "two party" or "all party" consent region, you can be recorded. If you're in a store, and that store does not forbid recording, you can be recorded. If you're in any setting where you do not have a reasonable expectation of privacy, you can be recorded.

    Basically, under most circumstances outside of your home, you can be recorded, and your consent is irrelevant. If you don't want to be recorded, your only real option is to ensure that you cannot be recorded (stay in home, soundproof it so people outside can't hear, and keep the curtains down). Outside of that? Assume you can. And assume your consent is irrelevant, because it almost guaranteed is, at least here in the US.

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    • #17
      Recorded, perhaps, but what about broadcast? If it was perfectly legal, then shows wouldn't need to blur some people's faces even if they are out in public.

      Edit: After looking at her other uploads, I have more to comment on her. Is this topic in Fratching yet? That's where I'm going to have to post.
      Last edited by Mr Hero; 01-21-2012, 06:59 AM.
      To right the countless wrongs of our days... We shine this light of true redemption, that this place may become as paradise...Oh, what a wonderful world such would be...

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      • #18
        If I was that cashier, I would immediately go to a lawyer and see if there is anything that can be done to make them take the video off of YouTube or to sue the woman. The SC obviously knows that she is in the wrong because otherwise she wouldn't have disabled commenting. But I digress.

        The cashier should have immediately asked her to stop filming and if she refused she should have walked away form the register and found a manager. I guarantee that if a customer ever tried to film or take pictures of me at my store I would do exactly that. It may not be illegal, but I certainly don't have to stand there and allow someone to do it against my will...not with all the crazies out there these days.

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        • #19
          Quoth Mr Hero View Post
          Recorded, perhaps, but what about broadcast? If it was perfectly legal, then shows wouldn't need to blur some people's faces even if they are out in public.
          I'll admit to not knowing. On that question, I don't even have half the answers. I know the laws about recording someone. I don't know the laws about sharing those recordings with the world.

          Hmmm... here's an interesting way to twist things: If the cashier were to issue a copyright claim (she "performed" for the video, but has not received payment, therefore the "performance" is hers, right). From there, she could get it taken down, and file some interesting damages claims.

          Yes, my brain did just go weird, why do you ask?

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          • #20
            I guess the cashier did something, because the SC shut down her account and the video is no longer available.

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            • #21
              I think that was more all the other people attacking her through her other videos. That and I know I flagged her video as offensive.

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