Is it legal to film someone if you're in the video too.

E

ece

Member
Does anyone know if it is it legal to film inside a store to use for court? I'm involved in a civil dispute with a store. I couldn't get any thing to prove my case so I decided to use video. Will this be permissible in court? Someone told me that you can't film on private property, but if so how do you explain the rat videos from New York. I don't think those restaurants gave them permission to film.
 
for something like that I wouldn't really think you would need a permit from the store, because obviously you wouldn't get one. But if neccessary perhaps you could get a permit from the person who leases them the store. just a thought
 
There seems to be quite a few mixed theories of law here so I'll try my best to answer your question.

First, my answer does not invlove issues of commercial use where clearance and copyright issues are in play. (film, tv etc.)

second, it does not involve First amendment rights of the press. (the rat video- which was also shot from a public vantage point)

third, it does not involve wire tapping, and privacy law (your thread title, I think, is somehow equating recording conversations with video)

Now that that is out of the way, in most cases you can film anything that you can see from a public vantage point. (through a store window as in the rat example) When you bring a cause of action, there are rules of discovery that are supervised by the court. run afoul of them and you may no longer have clean hands. Now a store is a quasi public place (open to the public, but also can be subject to trespass laws).

You would really need to consult with an attorney and find out what your state law says but my guess is that you would need to acquire the video in the discovery phase where the other party is compelled to allow it by the court.
 
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