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this post was submitted on 05 Nov 2024
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Not a lawyer or legal expert, just a google-er
Definitely a huge dick move, but if it's illegal is a different matter. From what I understand, in the US (If this happened in the US) it depends where it took place. If you were in public it's mostly okay for them to record because "Anyone else could have been listening in" so there is no "expectation of privacy". If it was in private then that's easier to argue.
Now, for what you can do. I think this is one of the times you could actually issue a DMCA complaint. While it's not copyright.... we all know youtube has a quick process and err on the side of caution. You can report it and say you're in it without consent, or if you want to send a full DMCA compliant that could work.
What you could easily do is of course let your friends know this was done without your consent, and be public about it. Nothing like telling the truth, no one likes someone who secretly records them. Don't let them keep it a private thing, call out how crazy disrespectful it is
Thanks. I told them as much and that it was odd, but I don't have the opportunity, nor the desire to make it a big thing outside of getting myself taken out of the video. The copyright/DMCA concern requires a lot of detail which I just don't have, so I went through the recording-without-permission route which seems to be a goer.
I think it technically would be copyright, it's his likeness that the scumbag is using without permission.
Unfortunately your likeness isn’t protected. There may be certain circumstances where you can prevent it from being used, but it's an uphill battle.