Legal Issues When Recording Conversations, Live Videos and Podcasts

Can you legally monitor (listen in) or record someone else during a telephone call, podcast or live video show? I share my thoughts, and tips, in the above 2 minute video.

My advice for my fellow livestreamers is to always get the express permission of your guest(s) to record and use the podcast or live video conversation. Sure, you can always argue that it was implied that you had permission to record the private or public interview or conversation but written permission (text or email confirmation) is the best way to document consent, especially in a two-party state.

After watching this video, see if you know the answer to the following question: “You are in California and you interview a guest located in New York on your podcast or live video show. Do the laws of a one-party or two-party state apply?”

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Related Issues Involving Audio

Fake News, Adobe VoCo and Authenticating Evidence

Need a Good Lawyer To Help With Your Social Media Business?

If you need a good lawyer to help you with any of the topics I talked about this week, take a look at this option. For about the daily costs of a cup of coffee, you can have a top-rated lawyer and law firm in your corner. Take a look at the individual, family and small business plans here.

Your Social Media Platforms and Piercing The Corporate Veil

Are your social media and other digital platforms part of your business? If so, are they in your name or in the name of your business?

Do you know what a corporate veil is? Do you know how creditors can pierce a corporate veil?

Today on The LegalHour.live, my co-host, Joey Vitale and I answered these questions and more with the intent of keeping you and your business safe and sound on the digital platforms. Click here to watch this week’s episode and also please share and join us each Wednesday at 2 pm ET.

Have a question, share it with us here and we’ll do our best to answer it on the next show!

7 Awful, But Common, Excuses for Avoiding Live Video (Guest Post)

I can find a reason to NOT do almost anything if I turn my mind to it, and live video is no exception.

However, if you’re going to avoid such a powerful marketing tool in your practice, then at least come up with some decent excuses. The ones I’m hearing these days aren’t very good at all.

The truth is that live video is an amazing opportunity to connect with your current and future clients in a real, personal way. This is because people get to see a bit of the real you. Done right, it build trust and confidence in you as a person and as a lawyer (not that the two are incompatible with each other…)

Here are my top 7 out of many bad reasons that lawyers want to stay away from live video.

It’s Not Professional

Let’s punch this one right in the face, because it’s the most common excuse I hear.

Normally it’s followed closely by me asking “what’s professional mean?”.

Often it turns out that “professional” in the mind of the other participant is a synonym for “high production value videos” which, of course, isn’t true. They think that every video needs to be a Spielberg blockbuster.

While the video-slash-movie approach for lawyers is coming along nicely, there are still a vast number of train wrecks out there produced by people who think that “professional” means a dull sound track, suit and tie, law books in the background, and an earnest discussion about “rights” and how they can go about protecting yours.

The problem is in the process. You hire a film crew, get big lights, and all of a sudden find yourself in a weirdly alien environment that you’re not comfortable in. In addition, a heap is riding on this because you’ve now invested a bucket of money into the process. As a result, many lawyers kind of freak out.

The resulting wooden, scared looking videos are rarely worth the money that was invested in them.

But at least they’re “professional”…

I Might Make a Mistake

If you replace “might” with “will” then this is completely accurate.

Continue reading “7 Awful, But Common, Excuses for Avoiding Live Video (Guest Post)”

Someone Is Using Your Profile Picture, Bio, and Content On Social Media. What Can You Do About It?

Earlier today a good friend, Professor Niklas Myhr aka “The Social Media Professor” of Chapman University, reached out to me about his social media profile picture, bio, and content, being used to impersonate him. He was looking for thoughts, ideas and legal solutions to help fix the problem (because this is a problem we all face, Professor Myhr gave me permission to use his name in this post).

I don’t think Professor Myhr (follow him on Twitter) is very happy about his identity being used by someone else. I say this with confidence because I know exactly how he feels. Over the years, my profile picture and bio have also been used by scammers to misrepresent who they are. Because this is a problem that seems to be getting worse, I’m sharing a few legal tips you can use if this happens to you.

Before I go forward, please understand that while I am a really good (and very humble) California lawyer, I’m not your lawyer. No legal advice is being given in this post. What I am trying to do is share concepts, approaches, and resources you can use to protect yourself.

General

Social media profile theft (SMPT) comes in all shapes and sizes. For purposes of this post, I will be referring to two types of SMPT which include:

(1) recreational SMPT and

(2) criminal SMPT.

Recreational SMPT usually involves people who are bored and seeking attention. Some are nasty individuals using online anonymity to disrupt other people’s lives. They show up, set up their SMPT and see what happens.

Criminal SMPT uses the same approaches to defraud and commit crimes. They are trying to scam money from unsuspecting victims or establish relationships using false facts and fraud.

Regardless of the motives of criminal SMPT, the perpetrators are cruel, hateful and usually exhibit an intent to destroying reputations, businesses and promote a criminal enterprise.

Both kinds of SMPT can be slowed down and often completely stopped using these approaches and techniques.

Continue reading “Someone Is Using Your Profile Picture, Bio, and Content On Social Media. What Can You Do About It?”