Legal Question in Civil Litigation in California

I have a friend who is in trouble for being too loud at noon. Also the cops also almost confiscate his recording equipment because he can't having a 'recording studio' at his house. My friend claims that it is house is not a recording studio even though he has enormous and high-tech recording equipment and he was able to get director James Cameron, actress Olivia Wilde and other major recording companies to back up his claims. His videos is shown only on You Tube where almost everyone is making their own videos. My friend is making spoof trailers off of video games and movies and he got permission or agreements from the copyrights.

So my question is that can you can get in trouble for making too much noise during the day time and can you get in trouble for having numerous recording equipment at your house? Also how a big of advantage for my friend if he got James Cameron, Olivia Wilde and other major recording studios executives on his side to the 'recording studio' debate since it is becoming more likely? My last question is that can you get in trouble with the law for making your own spoof off of trailers, even though my friend did got legal permission or agreement from the copyright owners.


Asked on 2/20/11, 2:12 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Beign guilty of disturbilng the peace does not depend upon what time of the day it is. How much noise distrubs others does vary upon the time of day, location, activity you are doing, etc,; if it is in excess, then it is excessive no matter the time it occurs. It is not a crime to have recording equipment, but if you are running a commerical enterprise in an area zoned for single family residence only you are in violation of the zoned rules and can be sanctioned by a fine. Having big name entertainers support him suggests he is in a abusiness and not a hobby. If hehas permission of the copyright holders he can do whatever he wants as to the item they own, but as long as it is not being used for commerical purposes he can do so without permission.

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Answered on 2/20/11, 7:46 pm


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