BRASSO Posted June 9, 2017 Share Posted June 9, 2017 Just now, Eleran said: That's not what you said, which I disagreed with. You devoted a long paragraph to "one does not have the legal right to video tape another for their personal use only.", and made no conditions about it being in Cadets private practice facility. I absolutely agree that in a non-public place, the entity controlling that place can set any restrictions they want about video reproduction. But your post that I disagreed with went WAY beyond that scenario, and is simply not true under the law. A difference without a distinction, imo I connected my comments to Corps private practice contracted facilities, with minors involved, and the OP asking us if its permisable to videotape the practices with posted signs prohibiting such videotaping of the practices. I stated " No ". Its not allowed. And Corps are within their legal rights to deny such videotapings of their practices. Seems pretty cut and dried to me, Eleran on the central question the OP is asking us here. Quote Link to comment Share on other sites More sharing options...
whitedawn Posted June 9, 2017 Share Posted June 9, 2017 41 minutes ago, BRASSO said: No.... one does not have the legal right to video tape another for their personal use only. Whether it is a group or an individual, no one is granted a right to videotape others without their expressed permission. The US Constitution allows a person to deny such taping as a matter of personal privacy protections. This is one of the most wrong things ever posted on the internet. 9 Quote Link to comment Share on other sites More sharing options...
Eleran Posted June 9, 2017 Share Posted June 9, 2017 Just now, BRASSO said: A difference without a distinction, imo I connected my comments to Corps private practice contracted facilities, with minors involved, and the OP asking us if its permisable to videotape the practices with posted signs prohibiting such videotaping of the practices. I stated " No ". Its not allowed. And Corps are within their legal rights to deny such videotapings of their practices. Seems pretty cut and dried to me, Eleran on the central question the OP is asking us here. Yes. But their legal rights have nothing to do with your purported broad Constitutional privacy right against being videotaped for someone's private use. Once you are in a "public space", you have no expectation of privacy and your movements can be videotaped (which is why there are probably over 20,000 surveillance cameras in Manhattan alone). The key issues are: (a) is it a public space? public roads, sidewalks, parks, etc. are public spaces, but a college campus is NOT a public space, and since most likely that is where the rehearsal is occurring, the corps can control recording ; (b) was it video or video with audio? there are restrictions on audio capture of conversations, due to eavesdropping laws, but that's probably irrelevant to this discussion; and finally (c) what is being done with the video after the fact? if private viewing at home, then nothing wrong with that. ANY publication, however (YouTube, Facebook, distribution of copies to friends, news media), will immediately entangle other issues like copyright law, profiting from use of likeness, etc. But if a corps marches down the public street for a parade, and you want to film them, there is no Constitutional right of privacy that protects the members, even minors, from being recording. 2 Quote Link to comment Share on other sites More sharing options...
whitedawn Posted June 9, 2017 Share Posted June 9, 2017 1 hour ago, DrumCorpsNutt said: Follow up questions: Can a drum corps legally deny you the right to audio/video record what is happening is publicly accessible areas? If so....what specific authority grants this legal right? Yes.....I know one should not post things that they do not own or have rights to....but can't one record something for their personal use only? The answer to your questions, as with most legal questions is frustratingly, "Maybe." The following are all separate thoughts, and your practical answer is some stew of everything below, depending on the factual situation: There are generally no restrictions on making recordings of whatever you'd like to make a recording of, so long as the subject of the recording does not have a reasonable expectation of privacy. In practice, this means that if you're doing something in public (or in semi-public), it can be recorded. My experience is that people gravely misunderstand the constitutional "right of privacy," which doesn't really exist, and to the extent that it does exist, only applies to government action. The corps itself probably does not have the legal authority to deny you from recording their rehearsal, but in the event that the corps is a party to a contract that gives them exclusive use of the premises, they may have the right to ask their "landlord" to remove you under their contract. To the extent that such rehearsal is held in a place where a member of the general public is not generally allowed to be, the owner of the property may petition the police to remove you. Copyright law may prohibit you from publicly disseminating your recording, subject to the usual caveats (fair use, etc.) 3 Quote Link to comment Share on other sites More sharing options...
Forevergreen Posted June 9, 2017 Share Posted June 9, 2017 Many a corps are at private colleges-so is there more leverage because of that ? Quote Link to comment Share on other sites More sharing options...
BRASSO Posted June 9, 2017 Share Posted June 9, 2017 14 minutes ago, whitedawn said: This is one of the most wrong things ever posted on the internet. Explain why.. or else this might qualify as the most incomplete reply " ever posted on the internet "... lol! Quote Link to comment Share on other sites More sharing options...
whitedawn Posted June 9, 2017 Share Posted June 9, 2017 20 minutes ago, BRASSO said: A difference without a distinction, imo I connected my comments to Corps private practice contracted facilities, with minors involved, and the OP asking us if its permisable to videotape the practices with posted signs prohibiting such videotaping of the practices. I stated " No ". Its not allowed. And Corps are within their legal rights to deny such videotapings of their practices. Seems pretty cut and dried to me, Eleran on the central question the OP is asking us here. This issue is separate from whether a person has a legal right to be at a rehearsal. Assuming someone does have the legal right to be at a rehearsal (because it is in public or because they are an invitee or licensee of the tenant), what legal authority would a corps have to stop a private individual from doing something they are generally allowed by law to do? There is no contract between the corps and the rehearsal audience, so there is no breach of contract claim. Recording is generally allowed in public places, so there is no tort claim. Recording is not criminal, so the police wouldn't be involved. ??? 1 Quote Link to comment Share on other sites More sharing options...
whitedawn Posted June 9, 2017 Share Posted June 9, 2017 4 minutes ago, Forevergreen said: Many a corps are at private colleges-so is there more leverage because of that ? Not with regard to recording. The general public has less of a right to be on private property, but for anyone who is legally on campus there is still the general right to record what is going on there. Also, if the rehearsal is on private property, but observable from the public sidewalk, anyone may record it because there is no reasonable expectation of privacy. 1 Quote Link to comment Share on other sites More sharing options...
BRASSO Posted June 9, 2017 Share Posted June 9, 2017 2 hours ago, DrumCorpsNutt said: Can a drum corps legally deny you the right to audio/video record what is happening is publicly accessible areas? Short answer: " Yes " Forget any posters that want to get bogged down in the weeds here with your simple question. The simple answer to your simple question ( with the setting you've described ) is " Yes "... lol! Quote Link to comment Share on other sites More sharing options...
year1buick Posted June 9, 2017 Share Posted June 9, 2017 1 hour ago, BRASSO said: No.... one does not have the legal right to video tape another for their personal use only. Whether it is a group or an individual, no one is granted a right to videotape others without their expressed permission. The US Constitution allows a person to deny such taping as a matter of personal privacy protections. It gets even more protective of personal privacy rights when it is minors that are involved in the video taping, and where the minors are being video taped by a non family member and video taped unknowingly and in a private ( practice ) non public performance venue. So in this case, where it is Corps, with some minors involved, at private practice contracted facilities, the Corps do have a legal right to deny videotaping of these practices if that is their choice. They must post such notices of non taping at central entry points at their practices as their required notice to the public. I am not a lawyer, but I believe that any lawyer would back me up on this, as well as the why the privacy protection legal principles would prevail here. I'm curious-- which part of the Constitution pertains to personal privacy protections? Quote Link to comment Share on other sites More sharing options...
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