Audio liability issues

January 15, 2011

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Question

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Hi Ken,

    My company installs video surveillance systems and often times those systems incorporate audio. I am concerned about any liability on my end for a customer mis using the system. This could be done in any number of ways but one example would be to record two employees without their knowledge, employee finds out and sues their employer and me. I do not know all of the intricacies of the law regarding audio but I know that the penalties can be severe. 

    The main idea is to limit my company from any lawsuits or possible criminal indictment for a client abusing the audio recording capabilities of a system we install. 

    I would like to have an ‘audio rider’ that we can have the customer sign off on after every install. Some possible language might read:

We have informed the client that audio recording may be illegal in their area and advised them to seek counsel

    We supplied and installed on premises stickers that state audio recording is taking place and advised customer that we put them in conspicuous places

Or ?

We have supplied the client with stickers that state audio recording is taking place and advised customer to put them in conspicuous places

    The client holds us and the manufacturer harmless from any evils resulting out of the use of this equipment

    Is this something that you would be able to assist me with?

Brian

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Answer

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    You have two issues.  Your notice to the subscriber with disclaimers doesn't keep you from getting sued.  It won't prevent criminal exposure if you violate the law.  Second issue is the indemnity from the subscriber.  That also won't insulate you from criminal charges or a lawsuit.

    I think what you want to do is sell the audio [you can start with our CCTV Sales Contract - we could add addtional audio if necessary].  You would provide a statement that audio requires one or all party consent, you've advised subscriber and subscriber advices that audio will be used lawfully.  You should not install audio in area where getting consent is not possible, such as a store.  Posting signs is not enough.

    You can start your review of audio laws in your jurisdiction at http://www.kirschenbaumesq.com/avstatutes.htm

    Allow me to remind you of an often quoted cliche, ignorance of the law is not a defense.  One thing you need to check is whether your jurisdiction holds not only the person misusing the audio but the installer liable - that's you.

    Once you know how audio can lawfully be installed and used in your jurisdiction you can then incorporate that information in your schedule of installation, requiring the subscriber to acknowledge that you advised him and he agreed to comply with the law.