[TDKPyrostasis]

So kind of opening myself up to internet lawyering here but its something I've had a hard time finding a definitive answer to.

In one party consent states as long as one party consents you are allowed to record.

The question is what restrictions are on that footage?

Can you upload funny moments to youtube?
Can you livestream your uber trips?

What about monetization? Does making money off said livestreams and youtube videos change your answers above?

I know there are MANY youtubers on youtube who do post their dashcam footage. Just wanted to see what the community thought.

Again I'm only talking 1 part consent states not 2 party.

 

[steveK2016]

Single consent is just for recording, for the intended use for security cameras.

Uploading to youtube would be broadcasting that recording, so the laws for single consent recording does not apply. It would be a different law altogether.

I don't think there'd be anything wrong with uploading because you think something needs to be shared, bad behavior, etc, but if you are wanting to monetize it or make it into some kind of YouTube series like "Cash Cab" you'll need signed releases from the participants.

 

[RynoHawk]

You may want to ask the drivers that have popular YouTube channels. However, it appears most of the ones I see rarely ever upload footage with passengers. The one I know that does frequently is "Uber DC". However while he doesn't upload that part of the video, he says he gets verbal consent of the passengers on camera before he uploads to YouTube. However, his are usually silly interactions, trivia games he plays with them, etc. not drunks, etc.

The driver who got smacked around by the Taco Bell executive is being sued for uploading the footage to YouTube. Granted that happened in a two party consent state (California) and the suit probably doesn't have a chance, but still it seems like a lot of hassle for the driver.

 

[Grahamcracker]

The driver who got smacked around by the Taco Bell executive is being sued for uploading the footage to YouTube. Granted that happened in a two party consent state (California) and the suit probably doesn't have a chance, but still it seems like a lot of hassle for the driver.

When it comes to breaking the law on this level, 2 party consent shouldn't apply.

 

[RynoHawk]

When it comes to breaking the law on this level, 2 party consent shouldn't apply.

I would agree, but it's the uploading to YouTube that is more the basis of the suit then the actual act of recording. If he just turned it over to the police, then I don't think any reputable lawyer would've even bothered. Like I said, I still don't think it has a chance and that is due to the assault. Gonna be hard to convince a jury to "just forget about my client hitting this guy."

 

[UBERPROcolorado]

So kind of opening myself up to internet lawyering here but its something I've had a hard time finding a definitive answer to.

In one party consent states as long as one party consents you are allowed to record.

The question is what restrictions are on that footage?

Can you upload funny moments to youtube?
Can you livestream your uber trips?

What about monetization? Does making money off said livestreams and youtube videos change your answers above?

I know there are MANY youtubers on youtube who do post their dashcam footage. Just wanted to see what the community thought.

Again I'm only talking 1 part consent states not 2 party.

The law aside. I simply asked my friend that works for Uber Corp. Was told depending on the circumstances but in most cases it will result in deactivation. But the rider has to push the issue. Depends a lot on the riders reaction to Uber.

 

[TDKPyrostasis]

From what I can tell as long as they cant be identified you should be "legally" covered.

But it seems like the general idea is this is a terrible idea, probably get you deactivated, and possibly in trouble depending on the circumstances.

 

[ShinyAndChrome]

Single consent is just for recording, for the intended use for security cameras.

Uploading to youtube would be broadcasting that recording, so the laws for single consent recording does not apply. It would be a different law altogether.

I don't think there'd be anything wrong with uploading because you think something needs to be shared, bad behavior, etc, but if you are wanting to monetize it or make it into some kind of YouTube series like "Cash Cab" you'll need signed releases from the participants.

Are you sure in your first statement? Seems strange to me the law says I can record--which means I own the recording--but then I can't do anything with it (don't own it).

 

[steveK2016]

Are you sure in your first statement? Seems strange to me the law says I can record--which means I own the recording--but then I can't do anything with it (don't own it).

You can't broadcast it. Recording for safety is one thing, its another to broadcast that footage.

 

[ShinyAndChrome]

You can't broadcast it. Recording for safety is one thing, its another to broadcast that footage.

Which law says you can't? I can't find on google but my impression is that since you legally recorded it you own it. Similar to selling pictures taken in public--that is how paparazzi make their money, for example.

 

[steveK2016]

I believe the difference is that they are considered media.

Recording video in your car of paying passengers to put up in your YouTube channel for entertainment purposes is different. Its the monetization of the channel that would bring things to question

 

[unPat]

It’s okay to record either it’s a 1 party or 2 party states as long as you have a notice on the window where the passengers can see it reasonably. But you should never record the audio.

Just because you are allowed to record someone doesn’t mean you have the right to broadcast the video over the internet or tv. You should get a written consent if you plan to do so.

 

[Mars Troll Number 4]

I would not broadcast it unless...

A. You were trying to identify a lawbreaker

B. You had permission to broadcast the video.


Personally, i wouldn't upload any video ever to these services.. just save it unless you need it, then provide the video to the police.

 

[disp350]

So kind of opening myself up to internet lawyering here but its something I've had a hard time finding a definitive answer to.

In one party consent states as long as one party consents you are allowed to record.

The question is what restrictions are on that footage?

Can you upload funny moments to youtube?
Can you livestream your uber trips?

What about monetization? Does making money off said livestreams and youtube videos change your answers above?

I know there are MANY youtubers on youtube who do post their dashcam footage. Just wanted to see what the community thought.

Again I'm only talking 1 part consent states not 2 party.

Here's an idea: Why not just forget about posting your Uber dashcam video and avoid the whole issue? My dashcam video gets copied to my secure hard drive on my PC for 90 days and then gets deleted. I pray I'll never have to use it. Why would you go looking for trouble??? Just drive and forget about that nonsense.

 

[_SEAM_]

So kind of opening myself up to internet lawyering here but its something I've had a hard time finding a definitive answer to.

In one party consent states as long as one party consents you are allowed to record.

The question is what restrictions are on that footage?

Can you upload funny moments to youtube?
Can you livestream your uber trips?

What about monetization? Does making money off said livestreams and youtube videos change your answers above?

I know there are MANY youtubers on youtube who do post their dashcam footage. Just wanted to see what the community thought.

Again I'm only talking 1 part consent states not 2 party.

Recording for your own protection and the safety of your passengers I think is something everyone can understand for your literally driving strangers around. But to post it on YouTube or livestream is not the best thing and will get you banned, especially if you are aim is for monetization rather than to share your side of the story after Uber doesn't lsiten to you.

Check out this news article on a driver who livestreamed their passengers and got banned. http://time.com/5345806/uber-lyft-livestream/

I feel its just a slippery slope of uploading it to the internet. Just depends on what you plan to do with the recorded dashcam footage.

 

[henrygates]

The party consent to being recorded just means you can record them.

What you do with that recording is covered by other laws, not the recording law.

You can legally record without consent in 1 party states but if you want to USE it for something, other laws apply.

Short answer, no. You would need written consent to broadcast it.

 

[404NofFound]

Rideshare and driver security cameras are a new example. A lot of security footage captured of criminals in convenience stores (even petty crime) end up as entertainment on tv and the internet. Perhaps the laws will change and this will end. At the very least you will get deactivated.