Legal Question in Civil Rights Law in California

Re: Video Tapes

(Giving this one the benefit of the doubt.)

The only two areas of law which -- as far as I can imagine -- might come into play here are contractual or the privacy laws. But, unless there are additional facts, neither of them seem spot-on, and I can see no basis on which you can demand the original, or even a copy.

If, for example, prior to the taping, and as a condition of your allowing the taping, he had promised that you could have the tape, or a copy of it, then you could enforce either promise.

Because the taping was consensual, there was no invasion of privacy.

It would probably violate your privacy rights for him to share the tape with others, but there is not a whole lot that you can do until he actually does so. You could *try* to go for an injunction (that is, you could bring suit to get a judge to order him to keep it entirely to himself), but for this you would need at least to show that there is some immediate threat that he's about to do so. Did he suggest as much?

If the facts are basically as simple as you suggested, your legal options appear to be limited or nonexistent.

On the one hand, bringing a legal action, or even sending a "threat" letter might give him pause for thought when it comes to the possibility of him doing something malicious or unethical with it. But on the other, it might just annoy him, and encourage him to pass it around among his buddies. Diplomacy might be the best course of action.

Hopefully you are on decent terms with him. Perhaps you could appeal to his good nature. Sit him down, look him in the eye, let him know how upset, worried, freaked out you are that this thing is out there.

Good luck.