Legal Question in Business Law in California
Video Posting
I own a bar, and I am going to throw a party for a friend. I want to record the party and put it on my website, but there are going to be customers that weren't informed they were being recorded. Do I have to inform everyone when they walk in my bar that they are being filmed, and might be posted my my public website, or can I just go ahead and post it since they are in my bar?
1 Answer from Attorneys
Re: Video Posting
My first reaction was that the whole thing sounds like a bad idea. Do the guests want to be taped, to say nothing of the paying patrons? Are you doing audio as well as video? If I were a paying patron and saw signs announding recording, or was told about it, I'd head across the street to the competitor's saloon.
However, thinking it over, I truly don't know anything about the nature and character of your establishment or the type of patrons you count among your regulars or occasionals, so I don't think I should be so judgmental. If you have someone who acts, or could act,in a greeter/bouncer/ID checker capacity, you could make sure that person is on duty the night of the party, and instruct him to give the tip-off about filming to everyone who enters. Adding visible but discreet signs might also be helpful.
I assume you have checked (or already know) ABC rules well enough to know whether your plans are OK with them - I haven't checked and don't know.
Finally, as you probably know, it is very easy to file a lawsuit, even one with absolutely no merit, so there is no way I can assure you any notices you give will absolutely prevent someone from sueing you when their mug or words appear on the Web; you'd probably win, but defending is expensive and time-consuming.
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