Someone recorded me without permission and uploaded it to YouTube
Someone recorded me without permission and uploaded it to YouTube
Going to be quite scant on details but...
I was out and about, and was messaged by two friends independently saying they were surprised to see me in a YouTube video.
Confused, I asked what they were on about. Turns out, a guy I gave advice to had then started recording me towards the end of our interaction without telling me, and has, weeks later, uploaded it as part of a longer video.
I was pretty tired at the time and doing the guy a favour (out of annoyance), and I don't like a few things, one of those being that he put me online (which, within hours has been viewed hundreds of thousands of times).
What can I do? I have already messaged him to tell him to remove me, but this seems like a ridiculous invasion of privacy.
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IANAL (and likely neither is anyone here) - and I think the answer would be "it depends" on other details if you asked a lawyer to make a decision on what you've shared. So I think that is the only route if you can't get YouTube or the blogger to do the right thing.
Some relevant things this might hinge on:
- Is the person posting this doing making videos as a business venture - e.g. by making videos that they hope to profit from (e.g. by including advertising in it, or through YouTube monetisation)? If this was done as part of a business, that could make a big difference (generally businesses are held to a higher standard).
- Which country did this happen in? Laws are different between countries.
- Did they deceive you in any way to get you to do what they wanted for the video?
- Are you a public figure in any way (prior to the video)?
Some potential causes of action that your lawyer could consider if they apply:
- Misleading conduct - if they used deception in the course of their trade.
- Fraud - if they obtained valuable consideration (your video performance) through deception.
- Privacy Infringement - if they processed (including collected) your personally identifiable information (e.g. including images / videos of your face, or the identifiable sound of your voice) without consent or another lawful basis / denial of right of erasure. Some of this could apply to Google too - you might be able to submit a Right of Erasure (right to be forgotten) legal request, and at minimum they might need to blur your face and mask the audio so you aren't identifiable.
- Copyright infringement - potentially what they recorded counts as a performance and you have a copyright interest in the video. Another one that could apply to Google and be used to take it down.
Those are very good points. It's very monetised so that will help. Would I submit right to erasure through YouTube?
Thanks a lot.