Community Forums Archive

Go Back

Subject:Advice on processing telephone recordings
Posted by: DaveM
Date:1/11/2010 3:00:40 AM

I found this old thread helpful -
http://www.sonycreativesoftware.com/forums/ShowMessage.asp?ForumID=3&MessageID=112483

Can anyone offer anything by way of update to this information?

I was also wondering about any legal issues to consider as to recordings made in the US and the UK.

Subject:RE: Advice on processing telephone recordings
Reply by: jackn2mpu
Date:1/11/2010 4:31:38 AM

Legalities:
Don't know about the UK, but in the US, unless you have a court-ordered wiretap warrant, anytime you record someone over the phone for possible use later you must advise the parties involved that the conversation may be recorded for future use (whether for legal or training or review of the handling of a customer issue for example). That use doesn't have to be defined at the moment of recording.

Now this isn't to say you can't record a conversation for your own use, but if you ever decide, based on what you hear and recover, to pursue legal remedies against whomever is involved, then you've got a can of worms to deal with. What would be interesting legally is the issue of 'accidently recording' a phone conversation taking place over a speakerphone. Say, you're recording your acoustic guitar and you get a call and forget to turn off the recorder. Wonder how the courts would handle that?

Jack

Subject:RE: Advice on processing telephone recordings
Reply by: musicvid10
Date:1/11/2010 8:45:40 AM

"but in the US, unless you have a court-ordered wiretap warrant, anytime you record someone over the phone for possible use later you must advise the parties involved that the conversation may be recorded for future use"

That is correct some of the time, but each states have their own statutes. Some states have two-party consent, some have single-party consent. Thus their are variations for intrastate calls.

Subject:RE: Advice on processing telephone recordings
Reply by: DaveM
Date:1/12/2010 3:39:50 AM

Thanks guys.
I was asked to do some work on a telephone interview, but the recording was made in the US whereas I'm in the UK and I'm just not 100% sure as to my position.
I'm normally working with music so I'm a a bit new to that side of things.


Go Back