Winter Garden, FL asked in Constitutional Law, Criminal Law, Products Liability and Intellectual Property for Florida

Q: Can a YouTuber legally audio watermark police interviews they obtained via a FOIA request from the courts?

I would think the police interviews, body cams, etc are copyright the police and state. Thanks.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When you obtain police interviews, body cam footage, or other similar materials through a FOIA request, it's essential to understand that these materials are generally considered public records. However, they may still be subject to certain copyright protections, usually held by the government entity that created them. This means you do not own the copyright to the material and cannot claim exclusive rights over it.

If you decide to audio watermark or alter these recordings, you could face legal challenges. The watermark might be viewed as an attempt to assert control over a public document, which could lead to issues, especially if it affects the material's integrity or misleads others into believing you have exclusive rights. Even though FOIA provides access to public records, it does not transfer copyright ownership.

It's wise to proceed cautiously. Before using the footage for any commercial or public purposes, consider consulting the specific terms of use provided by the agency that released the records. Ensure you comply with all legal guidelines to avoid potential disputes or legal consequences.

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