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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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What are the laws as far as video recording in public arenas.

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What are the laws as far as video recording in public arenas. At my sons hockey game for example, and does it change when you want to take that footage and sell it to other parents at the game? What needs to be done (ie: posting signs that the ice area is being recorded) to cover myself legally? Is there any specific legislation you can quote that I can read over for myself?
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

It is lawful to make a video recording in a public place so long as those being taped have no reasonable expectation of privacy.

Putting up signs is always prudent to ensure that there is no reasonable expectation of privacy.

If you make the recording then you own the rights to it and can sell a copy of you like.

At the same time the laws are in a state of flux and where you are videotaping minors there is always more concern about recordings.

So it would be best for you to briefly consult with a lawyer face to face if you are seriously considering record the games and then selling copies.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Let me know if you need any further clarification.
Customer: replied 3 years ago.

Just so I understand what you are telling me.... Basically I should refer my question to a lawyer for a face to face?

I am saying that I can give you legal information.

I have summarized the law as it currently stands.

But parents are very protective of their children and of them being video-taped.

And the laws are changing and privacy is becoming more and more of an issue and one that many want to see more highly protected.

So, in my view you should consider getting some actual brief legal advice before trying to sell videotapes of children that aren't your own.

But for not it's legal to do so.

But just because you won't be charged doesn't always mean it's OK.

And parents sue at a drop of a hat when it's about their kids.

So I think a free brief consultation is worth it.
Customer: replied 3 years ago.

Maybe I should give you the full outlook. I am currently in a beta test phase for a online streaming company that will broadcast online minor sports out to parents and public of Minor hockey games. The only area that gets recorded is Ice surface and team benches during the game. The city I am dealing with right now would like to make sure there is no legal ramifications to doing this. What my company needs is actual legislation to cite.

There is no legislation that covers video-taping in public.

There are more issues now that you are explaining this more.

It could be that you would need to consider having the parents sign releases.

You should like get advice about incorporating and getting insurance.

This is not something you can really decide about based on general legal information you can get from me.

It's also something that can really take off so you may want to consider branding what you are doing.

This seems like it could be a serious business.

So I think you should really be sure to sit down with a lawyer or even a few in different areas of the law and cover you bases and start off right.
Customer: replied 3 years ago.

Could you refer me to a lawyer in my area ( St Catharines) that could give me the proper start?

I don't know any lawyers in St. Catherines unfortunately.

But use the referral service and ask for someone with some experience.
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