What copyright/privacy/other legal risks are there for a private company who produces and distributes CD or downloadable broadcasts of recor...

Question

What copyright/privacy/other legal risks are there for a private company who produces and distributes CD or downloadable broadcasts of recorded live teleconferences including global audience participation if they only gave verbal notice to participants that content may be recorded?

Answer

In order to answer this question fully, I need more facts then stated here. Working on certain assumptions, if the distribution of these CD's are for a commercial purpose, then one issue is a cause of action for privacy rights, for the use of someone's name or likeness for a commercial purpose. The verbal notice to participants that they will be recorded can be argued to be insufficient to establish consent on their part to have their image used for a commercial purpose.

My advice would be to locate everyone whose image or likeness appears on the video and to have them sign a proper release. If you would like assistance on this, feel free to contact our office, or an attorney who works with intellectual property in your area.

Jim Betinol

Attorney, Partner

Withrow and Betinol Law

Intellectual Property, Business, and Contracts

[email protected]/* */

(t) (424) 229-2560

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

Answer

I would say the risk is difficult to assess -- something like assessing risk of earthquake damage -- because you'll just never know when one or more participants may become very, very upset. The issue may be an unwanted release of trade secret information which the participant thought was uttered in confidence. You didn't say whether your company would be selling these CDs or downloads, but that adds materially to the risk. I recommend that the company (at minimum) form an alliance with an IP attorney in developing its bizplan.