#1 Posted by Godwind (2596 posts) -

My room mate is freaking out right now because he made a recording of one of his classes. His teacher was hollering at somebody for making some audio recordings of the lecture how the recording is illegal. We are in a one party consent state. We wanted to know the legal boundaries of the situation. He is also freaking out because he is the afraid the cops are going to come to our room and arrest (even though I told him it probably won't happen). Any law students or lawyers can give us some information on the issue.

#2 Posted by evilrazer (498 posts) -

I've done it couple of times when I didn't feel like listening professor in the lecture and it worked out for me ok. But I live in Ukraine and hey, we're one fucked up country already.

#3 Edited by BlinkyTM (1046 posts) -

Did he ask the teacher before he started recording? It's usually a good idea to do that first.

If he didn't he may have broken a state law (Varies depending on the state) regarding the use of a recording device without the consent of the person you're recording (Not sure if this is only for private conversations). And he may be breaching the Professors intellectual copyright (this is if he distributes it).

Does the Professor know that they were recorded by him? If not, then I highly doubt they'll even know he did it...as long as he doesn't distribute the recording. Even with the Professors consent selling or distributing the recording is illegal.

I doubt they'll send the police after him by the way.

#4 Posted by DeF (4979 posts) -

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session.
 
whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial.
 
just tell him to calm down and don't freak out over nothing ...

#5 Posted by lazyturtle (1229 posts) -

First of all, the consent for recording conversations is limited to private conversations. Because there is no expectation of privacy during a lecture at a school, there is no need to get consent. It would be the same thing if CNN took a picture or video of you walking down the sidewalk and then put it on the news. They don't need to get your permission or compensate you.

Second, the school may have a policy about recording lectures (which I seriously doubt) which then can enforce, though not legally (that is they could kick your friend from the class but not jail him).

Lastly, the only way the law enforcement would get involved is if your friend tried to use the recording in some public manner (court, press, sold the lecture..something like that). The police actually do have more important things to do than arrest college students recording lectures.

#6 Posted by OllyOxenFree (4988 posts) -

Over here you have to ask permission from the professor to record the lecture.

#7 Posted by Dany (7887 posts) -

You should of asked beforehand.

#8 Posted by Hameyadea (350 posts) -

@lazyturtle said:

The police actually do have more important things to do than arrest college students recording lectures.

Like arresting drunk collage boys while DUI. As long as you and your buddy just record to you can re-listen the lecture (I've done that numerous times, and no one cared), you'll be fine.

#9 Posted by Godwind (2596 posts) -

@DeF said:

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session. whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial. just tell him to calm down and don't freak out over nothing ...

That is what happens when you live in china.

#10 Edited by BlinkyTM (1046 posts) -

@Godwind said:

@DeF said:

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session. whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial. just tell him to calm down and don't freak out over nothing ...

That is what happens when you live in china.

You live in China? OR your roommate came from China?

#11 Posted by Rudyftw (554 posts) -

@evilrazer said:

I've done it couple of times when I didn't feel like listening professor in the lecture and it worked out for me ok. But I live in Ukraine and hey, we're one fucked up country already.

At least you guys have 11 time zones or something like that.

#12 Posted by MentalDisruption (1670 posts) -

Don't worry about it. Like others said as long as you aren't selling it then the cops won't be breaking down your door. It's still best to ask the professor beforehand though.

#13 Posted by Dagbiker (6978 posts) -

@lazyturtle said:

First of all, the consent for recording conversations is limited to private conversations. Because there is no expectation of privacy during a lecture at a school, there is no need to get consent. It would be the same thing if CNN took a picture or video of you walking down the sidewalk and then put it on the news. They don't need to get your permission or compensate you.

Second, the school may have a policy about recording lectures (which I seriously doubt) which then can enforce, though not legally (that is they could kick your friend from the class but not jail him).

Lastly, the only way the law enforcement would get involved is if your friend tried to use the recording in some public manner (court, press, sold the lecture..something like that). The police actually do have more important things to do than arrest college students recording lectures.

this, and then the police don't get involved its a private matter and so would be taken care of in a civil suit. Basically if your friend distributed it your friend would not get arrested but would be held accountable for theft and piracy.

#14 Posted by evilrazer (498 posts) -

@Rudyftw:

Russia has lots of time zones. We have only one.

#15 Posted by Godwind (2596 posts) -

@BlinkyTM said:

@Godwind said:

@DeF said:

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session. whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial. just tell him to calm down and don't freak out over nothing ...

That is what happens when you live in china.

You live in China? OR your roommate came from China?

My roommate is from china.

#16 Posted by Maluvin (269 posts) -

@lazyturtle said:

First of all, the consent for recording conversations is limited to private conversations. Because there is no expectation of privacy during a lecture at a school, there is no need to get consent. It would be the same thing if CNN took a picture or video of you walking down the sidewalk and then put it on the news. They don't need to get your permission or compensate you.

Second, the school may have a policy about recording lectures (which I seriously doubt) which then can enforce, though not legally (that is they could kick your friend from the class but not jail him).

Lastly, the only way the law enforcement would get involved is if your friend tried to use the recording in some public manner (court, press, sold the lecture..something like that). The police actually do have more important things to do than arrest college students recording lectures.

I'd hesitate to say this is inherently true. I'd check to see if you signed anything during admissions that agreed to restrictions on recordings first. I haven't seen a school do this but a classroom is not necessarily the same thing as a public space. There's also different rules for public and private universities that trigger different laws.

I do doubt anything will come of this but students aren't always aware of the things that bind them or they agreed to all to often.

#17 Posted by BlinkyTM (1046 posts) -

@Godwind said:

@BlinkyTM said:

@Godwind said:

@DeF said:

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session. whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial. just tell him to calm down and don't freak out over nothing ...

That is what happens when you live in china.

You live in China? OR your roommate came from China?

My roommate is from china.

Oh, that explains why he's freaking out. Just tell him not to worry.

#18 Posted by MasturbatingestBear (1197 posts) -

@BlinkyTM said:

@Godwind said:

@BlinkyTM said:

@Godwind said:

@DeF said:

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session. whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial. just tell him to calm down and don't freak out over nothing ...

That is what happens when you live in china.

You live in China? OR your roommate came from China?

My roommate is from china.

Oh, that explains why he's freaking out. Just tell him not to worry.

Lol, can you tell me why that explains it? I really am curious. Are the laws in China about this much harsher than in the US?

#19 Posted by BlinkyTM (1046 posts) -

@MasturbatingestBear said:

@BlinkyTM said:

@Godwind said:

@BlinkyTM said:

@Godwind said:

@DeF said:

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session. whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial. just tell him to calm down and don't freak out over nothing ...

That is what happens when you live in china.

You live in China? OR your roommate came from China?

My roommate is from china.

Oh, that explains why he's freaking out. Just tell him not to worry.

Lol, can you tell me why that explains it? I really am curious. Are the laws in China about this much harsher than in the US?

Yeah, actually there's a fair amount of censorship in China. Why would the guy be freaking out if there are no laws prohibiting him from stuff like this?

#20 Edited by SeriouslyNow (8534 posts) -
@Godwind said:

@BlinkyTM said:

@Godwind said:

@DeF said:

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session. whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial. just tell him to calm down and don't freak out over nothing ...

That is what happens when you live in china.

You live in China? OR your roommate came from China?

My roommate is from china.

China's copyright laws are almost nigh on useless and while they were changed in the 1990s, the US still has China on a copyright breach watchlist.  Read this.  Why are your threads so weird?  This one is almost racist but most certainly stupid.
#21 Posted by MasturbatingestBear (1197 posts) -

@BlinkyTM said:

@MasturbatingestBear said:

@BlinkyTM said:

@Godwind said:

@BlinkyTM said:

@Godwind said:

@DeF said:

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session. whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial. just tell him to calm down and don't freak out over nothing ...

That is what happens when you live in china.

You live in China? OR your roommate came from China?

My roommate is from china.

Oh, that explains why he's freaking out. Just tell him not to worry.

Lol, can you tell me why that explains it? I really am curious. Are the laws in China about this much harsher than in the US?

Yeah, actually there's a fair amount of censorship in China. Why would the guy be freaking out if there are no laws prohibiting him from stuff like this?

Oh ok. I assumed that when he said his roommate was from China he only freaked out because he didn't fully understand the laws here. That makes more sense. Well it doesn't make sense but you know what I mean.

#22 Posted by BlinkyTM (1046 posts) -

@MasturbatingestBear said:

@BlinkyTM said:

@MasturbatingestBear said:

@BlinkyTM said:

@Godwind said:

@BlinkyTM said:

@Godwind said:

@DeF said:

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session. whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial. just tell him to calm down and don't freak out over nothing ...

That is what happens when you live in china.

You live in China? OR your roommate came from China?

My roommate is from china.

Oh, that explains why he's freaking out. Just tell him not to worry.

Lol, can you tell me why that explains it? I really am curious. Are the laws in China about this much harsher than in the US?

Yeah, actually there's a fair amount of censorship in China. Why would the guy be freaking out if there are no laws prohibiting him from stuff like this?

Oh ok. I assumed that when he said his roommate was from China he only freaked out because he didn't fully understand the laws here. That makes more sense. Well it doesn't make sense but you know what I mean.

That's the only reason I could think of. Who knows Lol.

#23 Posted by gunslingerNZ (1928 posts) -

@Godwind: It's copyright infringement. You won't go to jail or anything though...

#24 Posted by Aetheldod (3737 posts) -

Oh brother ..... guys listen to this .... professors/teachers dont like recording because well they want you to write and put fucking attention to classes , by my sweet jebus

#25 Posted by daftdethmonkey (45 posts) -

How would the cops even know that he had done it?

#26 Posted by wickedsc3 (1046 posts) -

For real? If your worrying about this I think you need to go grab a beer and relax. They might tell you not to do it again, but they sure as hell are not going to call the cops.

#27 Posted by lazyturtle (1229 posts) -

@Maluvin: As I said, the school may have a policy. All students should follow school policy, but it is not illegal to violate it (there still can be repercussions, but you're not going to jail for cheating on a math exam, but you will get expelled).

As far as the public space issue...the question is really "Do you have an expectation of privacy?" If you're in you're home or office talking on the phone, you expect that your conversation is private. When someone records you saying "'I blew President Clinton", they've taken your privacy.

If you shouted "I blew President Clinton" at a Yankee's game, you'd have no expectation of privacy even though the venue is privately owned. By shouting at the game, you've chosen to relinquish your privacy.

#28 Posted by Godwind (2596 posts) -

@SeriouslyNow said:

@Godwind said:

@BlinkyTM said:

@Godwind said:

@DeF said:

wtf seriously? is this an issue? I've done that many times when I was supposed to write a shorty summary/essay thing and would have had to transcribe the session. whatever the case, it's pretty ridiculous to assume that the cops are gonna show up and arrest(!) him for something so trivial. just tell him to calm down and don't freak out over nothing ...

That is what happens when you live in china.

You live in China? OR your roommate came from China?

My roommate is from china.

China's copyright laws are almost nigh on useless and while they were changed in the 1990s, the US still has China on a copyright breach watchlist. Read this. Why are your threads so weird? This one is almost racist but most certainly stupid.

There isn't anything racist about this thread.

As to why my threads are weird, it probably has to do with the virtue and character of the thread creator, wouldn't it?

#29 Edited by Marcsman (3296 posts) -

It's frowned upon bigtime in the Victoria Secrets changing room. Trust me

#30 Posted by dudeglove (8309 posts) -

If your room mate's first language isn't English then this is a non-issue. If his intention is to mass distribute the recorded material for profit then that will naturally be frowned upon. I've sat in classes with plenty of foreign students and they've had their dictaphones out. Hell he could even swing some bullshit excuse like he has a sore wrist and can't write fast enough. Normally lecturers encourage this kind of stuff. Lecture notes and powerpoint presentations tend to be emailed out from the professors themselves, no?

#31 Posted by Obinice (275 posts) -

@Godwind said:

My room mate is freaking out right now because he made a recording of one of his classes. His teacher was hollering at somebody for making some audio recordings of the lecture how the recording is illegal. We are in a one party consent state. We wanted to know the legal boundaries of the situation. He is also freaking out because he is the afraid the cops are going to come to our room and arrest (even though I told him it probably won't happen). Any law students or lawyers can give us some information on the issue.

His lector is an idiot. Many students (including me) use dictaphones to record lectures rather than taking notes. If his lector is against that, he's also against his students learning what he's teaching. Seems pretty counter intuative for a teacher, doesn't it? Although, some lectors unfortunately aren't teachers, but do research at the university and have to conduct lectures too. This produces lectors who sometimes don't really care about the students, only their research.

If your room-mate is planning on releasing copies of the recordings, that is a bad thing. If he's just using it for notes, then I'd suggest going to that lector's boss (perhaps with a recording of the lector "hollering" at somebody, you probably have that on tape if you were already recording during the lecture?) and pointing out how detrimental it is to the education of the students. If they're not all idiots, they will be forced to back down. If they are, and insist your friend doesn't use his dictaphone any more, then I would suggest he point out the hundreds or thousands of other students doing the exact same thing at that university, and tell them that they must either enforce this no-dictaphone-notes rule on everybody, or else they're only picking on him (and he should contact the student newspaper and get his voice heard, I'm certain they will want to print something like that).

I'm pretty sure it wouldn't be good for the university's image to be seen singling out a student and making it harder for them to study there/threatening them with legal action over something that everybody does.

#32 Posted by Winternet (8060 posts) -

@evilrazer said:

we're one fucked up country already.

This.

#33 Posted by Knetic2341 (243 posts) -

Yeah I had one of my teachers spout some bullshit about how you can't do that, and it's illegal. Never knew the actual legal parameters about it.

#34 Edited by Lonely_Misanthrope (42 posts) -

1. The important issue here is that your college probably has a policy regarding the recording of lectures and your roommate should check to see what it is. Violating it could result in his expulsion (assuming he's caught.)

2. If English isn't his first language then he can probably go to the department head and get permission to record the lectures, many colleges will make exceptions for students in such situations.

3. As Lazyturtle has already pointed out, 'One party consent' refers to the legality of recording private conversations, not to things like public lectures. Even if it did, being in a one party consent state would mean that the law was in your roommate's favor.

#35 Edited by CRAzYKiLL3R93 (366 posts) -

It depends on where you live

for instance, California state law states that you must have the consent of the professor that you're recording before the lecture starts and video recordings are prohibited.

But really, it's not like they're going to do much if they caught you.