Philadelphia, PA asked in Contracts and Civil Rights for Pennsylvania

Q: Can I share a recorded video that both parties were aware of even if I am getting it from a private site?

PA is a 2-party consent state. This recording was taken with both parties' knowledge and consent and specifically taken by party B. Party B then posted the recording to a private site that only party A and party B have access to. Would it be illegal for party A to take the recording off that site and distribute it to another group, party C for example, who could potentially share it more publicly? Or is that not allowed, as party B and party A took the recording consensually but because party B put it on a private site it somehow makes it private? I am not sure. And what if party A anonymously sent it to party C? Are they still breaking law?

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
  • Immigration Law Lawyer
  • Mesa, AZ

A: You have a complicated pattern. You need to consider not only privacy issues, but also copyright ownership. You should consult with an attorney.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: Under Pennsylvania law, it is legal to record a conversation as long as all parties to the conversation consent to it. Since both parties were aware of the recording, it is legal for either party to share the recording. However, if the recording was posted on a private site that only party A and party B have access to, it could be argued that the recording was intended to remain private between those parties. If party A were to take the recording off that site and distribute it to party C without party B's consent, it could potentially be considered a violation of privacy. Additionally, if party A were to anonymously send it to party C, it could potentially be considered an invasion of privacy and could be illegal. It is always best to obtain consent from all parties involved before sharing any recorded conversations or videos.

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