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JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 33421
Experience:  18 years experience
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My personal videos which I created featuring my voice and my

Customer Question

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
Expert:  JD 1992 replied 1 year ago.

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 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.

Customer: 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?
Expert:  JD 1992 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.

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