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Videotape of plaintiff

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DefMyself

Junior Member
What is the name of your state? GA

I filmed an individual, now suing me, at a festival opened to the public (free for anyone to attend). While his person was perfectly fine with me recording them at the time, they are now claiming they never gave me permission and wants the tape. I do have witnesses hearing this person saying that it was fine to record and there is no way this individual would not have known I was taping since it was in a room. The tape has other things on it other than just this taping, including myself giving a presentation in conjunction with this person.

Does anyone know where I stand on this matter?
 


BL

Senior Member
I do have witnesses hearing this person saying that it was fine to record and there is no way this individual would not have known I was taping since it was in a room.
You stand confusing .
 

DefMyself

Junior Member
For better clarification:

1. I have witnesses saying the person taped was fine with me filming the workshop.

2. The individual filmed had to know that I was filming them as I was in the room with the camera and clearly filiming.
 

BelizeBreeze

Senior Member
The only salient fact(s) in your post is that this was a public function and the camera(s) were open for all to see.

Implied consent.

Tell this person to buzz off.
 

JETX

Senior Member
DefMyself said:
Does anyone know where I stand on this matter?
Breezy is correct on this.
However, if you intend to use this film for commercial purposes, you need to get the subject/victim permission first.
 

DefMyself

Junior Member
The filming was for review purposes only and has never been shown to anyone. The individual is stating in an amendment to a suit against me:

Defendant without permission filmed a videotape of my likeness and image during the (festival name withheld) which tape we want returned to us.
 

JETX

Senior Member
DefMyself said:
The individual is stating in an amendment to a suit against me:

Defendant without permission filmed a videotape of my likeness and image during the (festival name withheld) which tape we want returned to us.
Gee, don't you think it would have been relevant for us to know that you have already been sued over 'something'... and that this appears to be a part of that suit???

With that... and considering that you have no intention of using this tape commercially, why not just negotiate a written agreement of same.... or just turn over the tape. Your own post says that it is just a 'review tape'. Why would you want to spend the money, time and ordeal to 'protect' it??
 

DefMyself

Junior Member
DefMyself said:
What is the name of your state? GA

I filmed an individual, now suing me, at a festival opened to the public (free for anyone to attend).
I did mention it in my original post.

I believe that this person is just throwing things at me for harassment purposes - this is one of three additions. The bottom line is they are asking for money (the original purpose of their lawsuit) when they actually owe me more money than what they are trying to alledge I owe. The whole thing just doesn't make sense as this is an ammendment after they received my answers.
 

JETX

Senior Member
DefMyself said:
I did mention it in my original post.
You are correct.

I believe that this person is just throwing things at me for harassment purposes - this is one of three additions. The bottom line is they are asking for money (the original purpose of their lawsuit) when they actually owe me more money than what they are trying to alledge I owe. The whole thing just doesn't make sense as this is an ammendment after they received my answers.
If they owe you, file a simple counter- or cross-complaint for your claims.
 

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