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can you use your video data for commercial purposes / does name change affect contract March 31, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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can you use your video data for commercial purposes / does name change affect contract
March 31, 2017
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Register for next webinar on April 11, 2017: See below for details.
TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
Register here: https://attendee.gotowebinar.com/register/3874048237745402369
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can you use your video data for commercial purposes
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Ken
    What can you tell me about the proper use of video clips while in the public domain that are utilized for commercial purposes?   Some of our video is being gathered within and around our client properties and we are getting signed release forms.  Essentially, my logic is using the example of footage that is captured by local news outlets.  I'm fairly certain that they are not getting release forms from every passerby, but what is the legal demarcation line?
PM
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Response
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    News companies can report on news events with impunity and don't need the consent of those depiected in video or on audio.  That's not the case however with someone who wants to use the footage or audio for commercial purposes.  You would need a release.  You cannot use someone's likeness for commerical purposes without consent without violating civil rights laws, privacy laws and Intellectual Property laws. Of course you can use these items if you ensure that the person cannot be identified or recognized. 
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does name change affect contract
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Ken
    We are getting ready to sign up a couple for residential monitoring. They informed us that they will be getting married in the next year at which time her name will be changing.  
    Is the contract no longer valid when her name changes?  If so, is there a way to put the new name on the contract so there is no need for any future follow up? Can we write on the contract that the customer is responsible for following up with the name change when it takes place? Is it our responsibility to follow up with them?  Can we get an email from them stating the name change is going to take place and they are signing under current name? How do you advise proceeding?
    Thank you in advance!
SA
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Response
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    A name change would not require another contract.  Jane Smith changes her name to Jane Doe.  If you needed to sue her you would identify her as Jane Doe formerly known as Jane Smith.  So the name change is not significant because it's the same person.  
    Be careful in a commercial setting if you if the subscriber changes names.  An actual name change would not require a new contract, but a different entity will require a new contract or assumption of the old contract.
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
When: April 11, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about how to maximize the value of your alarm business and position yourself for sale or financing
Who should attend: Alarm company owners.
Presented by: Rory Russell, Acquisition Funding Services, www.afssmartfunding.com 888 551 0476
Register here: https://attendee.gotowebinar.com/register/3874048237745402369
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TitleAll You Need to know about Internet security and why is it relevant for the alarm industry 
When: April 25,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices.  Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices. 
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry.  Rohit Somani     rohit.somani@securifi.com    855 969 7328  
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com
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