Legal Question in Criminal Law in California
Recording non-phone conversations and informing 2nd party AFTER conversation, ca
I am editing a book called ''100 random, candid conversations.'' I record, with a body worn device, conversations with random ordinary people aimed at better understanding the human spirit from spontaneous conversations in Golden Gate Park, San Francisco and Boston Common, Boston. I begin conversations by asking for directions to famous locations or as if I am doing a poll on political/social issues and then guide the conversations to more philsophical areas. After the conversation I let them know that it was recorded and have them sign a document that I, a non-lawyer, made myself basically saying they allow me to use the conversation if the names are changed. I have gained some really good material. I then transcribe the conversations and add descriptions but change names and identifying information. I hope to publish this... but before I submit it I am hoping it is not illegal.
1 Answer from Attorneys
Re: Recording non-phone conversations and informing 2nd party AFTER conversation
Your asking about laws covering different jurisdictions, from San Francisco to Boston. California and Mass. may have different laws and you will have to research those as well as the applicable laws in each state where you interview people. In California the recording law is codified in the penal code. I'll find the code section and let you know. (310) 806-9237. --Phil
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