FlyerTalk Forums - View Single Post - Federal Court: Travelers Have 1st Amendment Right To Record TSA Screeners
Old Mar 16, 2021 | 12:29 pm
  #19  
gsoltso
20 Countries Visited
30 Countries Visited
40 Nights
15 Years on Site
 
Join Date: Oct 2008
Location: Greensboro
Programs: TSA
Posts: 2,494
Originally Posted by Blogndog
This whole issue has so many variables that it is essentially impossible to make blanket statements about it. The answer depends on what jurisdiction you're in (not only what statutes might apply, but what circuit court decision(s) might apply), where the recording is taking place (what's legal in an airport concourse may not be legal in an airport bathroom stall), whether it's audio, video or both, who is being filmed (in particular, police or public officials or other), whether it's done openly or surreptitiously, etc. With respect to post above, yes it is generally legal to *film* people in a situation where there is no expectation of privacy, but there are still intellectual property issues involved. Whilst you may have broken no criminal code by recording someone in public, if you use that video for a commercial purpose, and do not obtain the subject's permission to do so with a consent form or model release, then they could pursue you in civil court for usage fees. This is the reason reality TV shows with segments filmed in public have some faces blurred and some not -- if they are not blurred, the producers obtained a signature on a release form from the subject. Similarly, if you were to film a checkpoint and copyrighted music was playing in the background, if you used that footage for commercial purposes, the copyright owner could pursue you in civil court.
Excellent distinctions. I was generally speaking about the basic expectation of privacy in a public setting. Everything you list above is absolutely correct with regard to the copyright laws, and the differences between overt vs covert filming, and tying those to commercial enterprises. If I am not mistaken, in a restroom, the individual has a reasonable expectation of privacy, hence so many peeping laws and cases against folks that put covert cameras in restrooms - regardless of commercial connections. I am certain we could compile a list of specific situations where the right to film would be exempt, or questionable at best. The basic rule of thumb, has reasonable expectation of privacy being used as the yardstick... for the most part.
gsoltso is offline