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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33928
Experience:  Began practicing law in 1992
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Let's just say I secretly film a video of myself playing in

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Let's just say I secretly film a video of myself playing craps in a casino. The video shows no ones faces, but it does have logos of the casino. I post the video on YouTube and make a fortune. Would this be illegal? If the casino came after me in court (for ???) would they have a strong case against me? If I DID show people's face, would it be a different case? Is it all about whether I make money or not?
JA: Since laws vary from place to place, what state is this in?
Customer: California
JA: Has anything been filed or reported?
Customer: Nope. I am just thinking ahead here...
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me some time to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

First, the issue of how much money you make would only go to damages.

Second, videoing people's faces in a public place is legal. Likely a casino would be considered a public place.

Third, yes, the casino could come after you first for showing their logo because there is a safe assumption that it is trademarked. Forth, at the entrance to each casino that I've ever been in or seen there has been a sign which states no photographs, video, audio, etc is allowed. So you would violate casino rules by filming there and you can almost guarantee they would pursue you.

Fifth, a question you don't ask about, and which can vary by state, is that if you record any voices that can be a violation of the law both federal and state (although each state's law is different). But, in every states it is against the law to record audio of a conversation which you are not a part of.

Lastly, the casino would have a strong case to collect damages against you. In addition to requiring you to remove the online video they could also seek damages and attorney's fees and costs.

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 5 Star 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 all of your questions are answered.

Customer: replied 1 month ago.
Not at all sure what you mean by the first point. Could you elaborate please damages for what?
Umm...second, the casino could "pursue" me for breaking the rules, even though I broke no law? I walk, barefoot, into a restaurant that has clearly posted, "No shoes, no service." Could they also "pursue" me?
Also, what if I fazed out the Logo, and had no audio.
Finally, I see a lot of videos like this on YouTube with players playing blackjack, craps, baccarat, etc. Are they potentially looking at lawsuits?
Customer: replied 1 month ago.
Hello?
Different expert here!Casino has internal rules that bar such recording. You cannot do it or publish without consent. Practically they may not discovery but if they do likely would send a cease and desist lawyer letter threatening legal action to bring it down and for compensation. if I can elaborate on anything, just ask me. Please let me know if the reply is acceptable by responding "yes" or "acceptable"

.

There is a problem with posting to your question and I've been trying to get back in touch with you for a while since you posted your first response.

The damages in these cases can include statutory damages for trademark violations, attorney's fees, costs, plus any actual damages the casino can prove, although I can't see any actual damages apply.

Statutory damages can range from a few thousand to a hundred thousand per incident. The courts still are not clear per incident means per view of the video or per video you posted.

As to the question about walking into a restaurant barefooted is a different concept but if, for instance, you had walked in barefooted and they had a sign prohibiting that, they didn't know you were barefooted and they received a health code citation then they could sue you for the amount of the health code citation and potentially recover those damages.

However, there is a difference between that situation and violation of the trademark, etc.

While removing or blurring out the trademark logo may prevent them from claiming trademark infringement they could still sue if there are any "trade secrets" involved. All casinos claim that their methods of operating a casino are trade secrets even though I have a hard time believing that. In addition, you would have to be sure you blurred out name tags, logos on a table, the chips, etc. If you miss any of those and it is shown for even a portion of a second then you are back in the trademark infringement area again. Some states, Nevada for instance, even have some cases where people have been accused of cheating because they videoed activities inside a casino.

That would appear to be a situation where the prosecutors might have a hard time proving their case but if they did file criminal charges you would spend a lot of money defending the case and you would not have any way to recover those damages.

I will be online for a while tonight. But there appears to be some type of problem on the website or in the internet connection which caused problems with posting a response so please be patient.

Customer: replied 1 month ago.
This is frustrating.
I asked Dwayne B. four follow up questions, but had none of them answered. You reply doesn't help me. (I would like to know LEGALLY what would be their recourse.) I think I really need to go speak face-to-face with someone. I would like my money back.
Customer: replied 1 month ago.
Oops. Sorry. I see his reply...let me look...
Customer: replied 1 month ago.
Well, I'm ok with your response. Given me things to think about...

I just realized there was one issue I didn't answer directly "how can other people get away with it". The answer is that they really shouldn't be able to or the casino just hasn't caught them yet. In addition, some casinos use "paid shills" to post things for them online without it appearing like the casino did it themselves. These people would naturally have permission to post and if you could get permission from the casino they wouldn't be able to sue you. I've never seen a casino give permission to anyone other than someone they hired to take pictures or videos inside their establishment. I know a couple of website owners who requested permission to take pictures of their hotel rooms, restaurants, and other non-gambling locations and were denied.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33928
Experience: Began practicing law in 1992
Dwayne B. and other Legal Specialists are ready to help you

Once you issue your 5-star positive rating the question will lock open and no longer time out so if you have a followup question days, weeks or even months later you can come back to this thread and ask any followups.

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 5 Star 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 all of your questions are answered.

I am about to go offline for the evening. I may get a chance to check back in or I may not. Regardless, I will be back online tomorrow morning so if you have any follow up questions please ask them in this thread and I will answer them as soon as I see them. If you haven't issued a Positive Rating your I would encourage you to do so now. Issuing a Positive Rating will prevent the question from timing out and closing and will lock it open so it can be accessed and the Q and A can continue at any time from this evening or even a year or more from now.