Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

My personal videos which I created featuring my voice and my

Customer Question
image holding the camera, has...
My personal videos which I created featuring my voice and my image holding the camera, has been uploaded onto Youtube without consent. I have filed their DMCA takedown notice to remove this, but they say they cannot identify my rights? What are my legal rights for getting this content removed? Does privacy rights pertain to voice?
Submitted: 1 year ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 7 minutes by:
7/13/2016
IP Lawyer: JD 1992, Lawyer replied 1 year ago
JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 34,318
Experience: 18 years experience
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It's not a privacy rights issue, because there are virtually no laws on privacy rights that extend to this area, but you do have a copyright issue since anything you video is automatically covered by your copyright.

You absolutely have the copyright on any video that you take and you have the right to request them to take it down or to sue them if they don't, although normally it is too expensive to pursue this. If you didn't contact YouTube then you can contact them and advise them that the video is in violation of your copyright and normally they will take the video down. You can also get a local lawyer to send them a cease and desist and a demand for damages. However, unless your copyright is registered through the US Copyright office there are no automatic damages.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Intellectual Property Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
Hello Dwayne,Thank you for your message, my question mainly concerns the specifics of privacy rights as it pertains to the use of voice? What are my complete legal rights applicable in this situation to get this removed?
IP Lawyer: JD 1992, Lawyer replied 1 year ago

As I said, there are no privacy rights implicated here. Many people believe that there are a lot of laws protecting their privacy but, in reality, there are very few and the vast majority of even these few only protect your rights against the government, not against another citizen.

There are no privacy rights laws that you can cite to force the removal of the video and/or audio. The only laws that protect you in this case is that of copyright since the audio recording you made provides protection for the voice on the recording.

As an example, imagine that someone is in a park and they are video recording what is happening in the park and in that video you are recorded yelling out to another person (the content doesn't matter for this example). The person who made the recording, both video and audio, can post that on YouTube (or anywhere else) and you don't have any rights that would require them to get your permission, pay you, or allow you to force them to take it down.

That is different if it was a place that you had an "expectation of privacy" such as a bathroom, but that is only because there have been laws enacted recently to make this specific conduct unlawful. Thirty years ago it wasn't unlawful at all.

So, your complete legal rights applicable to this situation all involve copyright issues.

Ask Your Own Intellectual Property Law Question
Ask JD 1992 Your Own Question
JD 1992
JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 34,318
34,318 Satisfied Customers
Experience: 18 years experience

JD 1992 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

859 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

461 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

455 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
My question is about U.S. copyright law. My father, who
My question is about U.S. copyright law. My father, who passed away in July of 2017, owns copyrights on a number of plays that he wrote. I am the executor and sole beneficiary of his estate. Is there … read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
I need a copyright lawyer. I wrote a book. "Los ojos de
I wrote a book. "Los ojos de Carmen." It's a novella for Spanish learners. Two other companies that sell my book created workbooks to go with my book. "Los ojos de Carmen Workbook." I think they should pay me royalties, right? I have the rights. "Los ojos de Carmen" is my original creation. … read more
Lori
Lori
Juris Doctor
312 satisfied customers
I am looking for someone to look for a copyright owner to
I am looking for someone to look for a copyright owner to get permission for photos to present in my boook and someone to cite the documents … read more
Kendell Kelly, Esq
Kendell Kelly, Esq
Kendell R Kelly, Esq
Doctoral Degree
588 satisfied customers
I want to obtain copyrights for a group of songs that I will
I want to obtain copyrights for a group of songs that I will be recording and preforming with my band. Do I need to obtain a separate copyright for each song, or can I accomplish the same thing by cop… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,317 satisfied customers
I recently received a letter about copyright infringement
Hello, I recently received a letter about copyright infringement regarding a photo I had posted on my blog 2 years ago. … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,317 satisfied customers
I need someone with copyright, trademark law. I am creating
Hi, I need someone with copyright, trademark law. I am creating posters, political in nature as well as single scene comic strips. They are very patriotic content, images, (e.g. images of Mt. Rushmore… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
Someone asked you before about intellectual property law
Someone asked you before about intellectual property law regarding Coolsculpting and fat question: whether it is possible to legally provide the treatments to clients with different machines than the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need help with music things. Copyrights and trademarks. If
I need help with music things. Copyrights and trademarks … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
I'm contacting you regarding an intellectual property law
Good morning,I'm contacting you regarding an intellectual property law question which could also effect trademark law. To understand the complete scenario, please let me explain as follows. I have cur… read more
socrateaser
socrateaser
1,031 satisfied customers
I just made my own website and put a 2017 copyright symbol
I just made my own website and put a 2017 copyright symbol at the bottom of the page is that sufficient or do I have to register the website. If so, how much does it cost? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I received a DMCA Takedown Notice for un-infringing photos
Hi, I received a DMCA Takedown Notice for un-infringing photos that I took myself but were accused of stealing. My situation is to follow shortly after this message... … read more
Ely
Ely
Counselor at Law
Juris Doctor
455 satisfied customers
I have a copyright on "let there be light" can the new movie
I have a copyright on "let there be light" can the new movie use my title? Book and movie are about religion … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Copyright lawyer. I am giving a talk and preparing a
This question is for a copyright lawyer. I am giving a talk and preparing a powerpoint presentation. I found an image on the internet I want to use to illustrate a point. When searching for the image,… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
I authored a novel in 1982. I own the copyright. There was
I authored a novel in 1982. I own the copyright. There was some trouble with the publisher, which bankrupted one division. My copyright attorney at that time negotiated an agreement that they would no… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I went through Legal Zoom for copyright and Trademark
Hello, I went through Legal Zoom for copyright and Trademark protection on my patent pending product. The U,S,P.T.O. approved "Life" on my submission for "Life Head Gear". … read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
Do you handles the copyright violation case in the little
Hi Pearl, do you handles the copyright violation case in the little rock, AR … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
This question concerns trademark/copyright of street
This question concerns trademark/copyright of street photography. Hello. I live in Austin, TX. I have been working on a street photography project in which I shoot recognizable local businesses and si… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
DMCA subpoenas are only for copyright iinfrigement what
Hi DMCA subpoenas are only for copyright iinfrigement what about for Trademark infringment … read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x