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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43496
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm looking at doing public pranks on people in

Customer Question

Hi I'm looking at doing public pranks on people in Australia and upload these videos on YouTube for monetization ? What are the legalities involved with this, eg are release forms compolsary from the person pranked? Can legal action be taken against me?
If so where can I obtain a release form from. Also if I play music in the background of my videos which are monetized, is this an issue and what are the ways around it
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Well they can sue you if you do not get their permission to put the videos up.

You should get release forms to be signed.
Also if anyone gets hurt they can sue you so you have to take out appropriate insurance.

Any music you play you have to get the permission of the owner or you are in breach of copyright and can be sued.

In all cases you have to get the appropriate releases to be able ti use the music and place the video online.

Videoing a person without their consent is illegal in all states under the Surveillance devices act. So you have to get them to sign a release. If they do not and decide to complain you may have an issue.

It is under Part 2 of the NSW act which is below. Section 7 and 11

http://www.austlii.edu.au/au/legis/nsw/consol_act/sda2007210/

You have a few issues.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Thanks for responding I'm after actual legal advice not a guide , I need to certain of my liability.
Customer: replied 1 year ago.
Does just answer offer legal advice?
Expert:  Leon replied 1 year ago.

Good Afternoon,

What I have told you is the law.

No lawyer can give you more than this.

You risk being sued for breaching the Surveillance Act for recording without the consent of the person being videoed and also by publishing it without their consent.

You risk being in breach of copyright for using music without the consent of the owner of the music.

We can only give you what the law is and anything we say cannot be taken as advise as you are not a client.

Customer: replied 1 year ago.
Sorry I'm after professional advice not general advice. I'm not paying for general advice I can get on Google or yahoo. Sorry mate I'll go else where