Recording of Taylor Swift Phone Call Poses Legal Issues

Recording of Taylor Swift Phone Call Poses Legal Issues

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Darren Kavinoky on Taylor Swift / Kanye West & Kim Kardashian The Insider from Darren Kavinoky on Vimeo.

Kim Kardashian Posts Recorded Taylor Swift Phone Call – The Legal Issues

By Darren Kavinoky

July, 18, 2016–Los Angeles, California–If it is in fact true that Kanye West recorded (and later published) a telephone conversation he had with Taylor Swift, it is both the very definition of chutzpah and walks both he and Kim down a thorny legal path.

TAYLOR SWIFT PHONE CALLED RECORDED

Anyone who plans to record telephone calls, or even face-to-face conversations (including recording video that captures sound) better familiarize themselves with the laws that apply (and there are many!).

Federal Law Violation

It is potentially a violation of both federal law and state law to do so. One of the big issues to come up, and which is likely at play here, is the one vs. two-party recording laws.

Darren Kavinoky at The Insider July 18 2016 discussing the legal issues posting the phone call by Kim Kardashian of Kanye West talking to Taylor Swift

Darren Kavinoky at The Insider July 18 2016 discussing the legal issues that may arise as a result of Kim Kardashian, wife of Kanye West, posting the phone call between Kanye West and Taylor Swift

There are several states (including California – the state where both Kim and Kanye live) that are two-party states, meaning both sides to the conversation must know of and consent to the recording. It’s unknown at this time what Kim’s role was, but it is not much of a stretch to think that she could be viewed as a co-conspirator in any action taken, especially because she apparently played such a vital role in publishing this to the world.

Taylor Swift

Whether Taylor will ultimately sue is another question entirely. Generally, it is more difficult to make out claims of defamation for those who are celebrities, but given the damage to Taylor’s reputation (at least thus far in the Twitterverse), she may be able to make this out, and it is certainly something her legal team must be considering.

Criminal Charges

As to any criminal charges (on a state or federal level), no one but the government has control over whether those will be brought.

Only one thing is certain at this point: We have not heard the last of this dispute.

Watch Kim Kardashian Video Post

Taylor Swift’s Response on Twitter

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Darren Kavinoky

Celebrity Personality, On-Air Legal Analyst, Keynote Speaker, Founder and Owner of 1.800.NoCuffs and The Kavinoky Law Firm at 1.800.NoCuffs and The Kavinoky Law Firm
Keynote speaker Darren Kavinoky is the creator and host of the hit TV show Deadly Sins on Investigation Discovery. He's also the co-host of ID's Did He Do It? and the featured criminal interventionist in ID's docudrama Breaking Point. Darren appears regularly as a legal analyst and a celebrity misbehavior expert on The Insider, Dr. Drew, CNN, HLN and countless more. Darren is the founder of 1.800.NoCuffs, The Kavinoky Law Firm, and is an award-winning attorney; He’s been named one of the “Top 100 Trial Lawyers in California” each year since 2007.
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