Privacy

Summary of statute(s): An individual not involved or present at a conversation must have the consent of at least one party in order to legally record either an oral or electronic communication. Intercepting in-person conversations without consent is a misdemeanor, although the state makes an allowance for recording by news media in some situations. Intercepting electronic communications without at least one party’s consent and disclosing information gained through such means are both felony crimes under the state’s wiretapping law.

Summary of statute(s): In California, all parties to any confidential conversation must give their consent to be recorded. This applies whether the recording is done face-to-face or intercepted through some electronic communication such as a cell phone call or series of e-mail or text messages. Both civil and criminal penalties are available to victims of illegal recordings. Further, the state’s so-called “anti-paparazzi” legislation sets fines for, among other things, trespassing on private property with the intent of capturing photos.

Summary of statute(s): An individual must have the consent of at least one party to a conversation in order to legally record either an oral or electronic communication. Intercepting such conversations without consent is a misdemeanor. State law makes it a felony to use any camera to secretly view a person in a private area without consent.

Summary of statute(s): An individual not involved or present at a conversation must have the consent of at least one party in order to legally record either an oral or electronic communication. Intercepting such conversations without consent is a felony under Arizona law. This excludes situations where the person does not have a reasonable expectation of privacy. The state allows for civil suits for violations of its eavesdropping laws.

Summary of statute(s): Alaska’s eavesdropping laws prohibit the use of any electronic devices to hear or record private conversations without the consent of at least one party to the conversation. Further, the state criminalizes the disclosure of information obtained without such consent. The state’s hidden camera law only applies to taking nude or partially nude pictures of subjects without their consent.

Summary of statute(s): Alabama law sets criminal penalties for recording or disclosing private communication of others without the consent of at least one of the persons involved. The statute also bans secret observations while trespassing on private property. Those divulging illegally obtained communications also face criminal penalties.

Cases

Best v. Berard, 776 F.Supp.2d. 752 (N.D. Ill. 2011)

Carter v. Superior Ct. of San Diego Cnty., No. D038091, 2002 WL 27229 (Cal. Ct. App. Jan. 10, 2002)

Fallaci v. New Gazette Literary Corp., 568 F.Supp. 1172 (S.D.N.Y. 1983)

Falwell v. Penthouse Int’l, Ltd., 521 F. Supp. 1204 (W.D. Va. 1981)

In 1999 California passed into law an invasion of privacy statute directed specifically at paparazzi activity. The anti-paparazzi statute, Cal. Civ. Code § 1708.8, has a broader reach in the activity that it targets than other state’s privacy laws — and tape-recording activities can create risks under this statute.

Under the federal Copyright Act, to be copyrightable, a work must possess originality and be fixed in a tangible medium. Ideas cannot be copyrighted, but the particular expression of an idea may be. Because of these requirements, much interview material often has a weaker claim to copyright.

Reporter as copyright owner

Journalists can own a copyright interest in an interview. Still, the nature of a journalist’s copyright interest in interview material is not well-defined.

In addition to state and federal laws governing the taping of phone calls, the Federal Communications Commission has its own requirements concerning such taping.

The FCC requires that an individual notify other parties to a call before using a tape recorder in an interstate call. The rule requires that the individual either get consent from all parties before making the call, notify the participants at the beginning of the recording, or use a “beep tone” that is repeated regularly throughout the call.