Chambersburg, PA asked in Civil Litigation and Intellectual Property for Pennsylvania

Q: Can I secretly record my blackjack play for my youtube channel in a casino in the states of MA, WV and PA? Public place?

Im not sure since the casino already records us and its a public place but its also a two-party consent place. The people already know they are being recorded because its a casino. So because that's implied is it okay if I record? What if I record and blur their faces does that make it legal etc?

1 Lawyer Answer
James L. Arrasmith
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A: Recording your blackjack play for a YouTube channel in casinos in states like MA, WV, and PA involves several legal considerations. First, it's important to understand that casinos, while public places, have their own rules and policies about recording inside their premises. The fact that casinos themselves record activities for security purposes does not automatically grant patrons the right to do the same.

In states with two-party consent laws for recording, the consent of all parties being recorded is typically required. This means that secretly recording your blackjack play, which would likely include other patrons and casino staff, could potentially violate these laws.

Even if you blur the faces of those recorded, it may not fully mitigate the legal risks. Consent is a key factor in two-party consent states, and blurring faces does not substitute for obtaining permission.

Your best course of action is to seek permission from the casino management before recording. Casinos may have specific guidelines or areas where recording is allowed. This approach ensures compliance with both state laws and the casino's own policies.

Remember, violating recording laws or casino policies can lead to legal repercussions, including being banned from the casino or facing legal action. Always prioritize obtaining clear permission to safeguard against these risks.

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