Nutley, NJ asked in Communications Law for New Jersey

Q: Somebody clips a conversation online, edits it to only part of the conversation distributing it how canrequirethemtostop

Somebody takes a recording of somebody saying something online and starts distributing an edited version with no context, how am I able to get them to stop?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Communications & Internet Law Lawyer
  • Sacramento, CA

A: Here are a few options to try to get them to stop distributing the edited clip:

1. Send a cease and desist letter: Have a lawyer draft and send a letter demanding that they immediately stop the unauthorized use and distribution of the edited clip, which could potentially constitute copyright infringement or defamation, depending on the situation.

2. File a DMCA takedown notice: If the clip is posted on sites like YouTube or social media, you can file a DMCA (Digital Millennium Copyright Act) takedown notice. This requires the platform to remove the infringing content.

3. Dispute the post: If the clip is shared on a site like Facebook or Twitter, report the edited clip through their dispute or complaint process to request its removal.

4. Consider legal action: If the above methods are unsuccessful, you may be able to sue the person distributing the edited clip for things like copyright infringement, defamation, false light, or intentional infliction of emotional distress. To succeed, you'd have to show the editing and distribution has caused you quantifiable monetary or other damages.

The key is to explicitly demand they stop distributing the clip through official channels and make clear that legal remedies may follow if they continue. Consulting an attorney to understand all your options is wise if the issue persists. Acting promptly can help mitigate any damages as well.

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