Can someone write a book about someone with info they got with a hidden audio recorderused during the convers?

Question

Can a person write a book about someone's conversation with another party witha hidden audio recorder? Plus a contract was written by both parties agreeing the interviewer not to publish or make it public. Is this unlawful?

Answer 1

EXTEMELY UNLAWFUL. The book writer would be subject to lawsuit and criminal prosecution. People can give me a thumbs down, I'm just stating the facts. Like the answer or no, I answered it truthfully. It is ILLEGAL. The recorder was hidden so the interviewed party was unaware; PLUS look at what the asker said, the contract was written by both parties agreeing not to publish or make public. Even stretching it IF the contract wasn't signed, the matter is the recorder was hidden and you may not record without another's permission (legally)

Answer 2

You don't have to tell people you are recording. A certain Mr Nixon did a lot of recording without telling people - and some of those recordings turned out to be very embarrassing (ask Billy Graham for example!).

As long as you don't fabricate anything, then the truth is a defense against libel. If you took exact wording from the tape, and didn't use it out of context, it would be VERY difficult for that person to get a judgement against you.

However, there are exceptions. For example, if you tape recorded a lecture, and then transcribed that to make an article or book, you would be stealing copyrighted content from the originator, and then you could be sued.

On your second point, regardless of the taping of the conversation, if there is a non-disclosure agreement in place then you could sue for whatever damages that contract laid out in the event of a breach.

Answer 3

Actually, it isn't unlawful in many ways. You would have to be able to prove damages in order to sue, and you still might not win. Part of it depends on the relationship between the parties as well. I suggest you speak with an attorney if you are having this problem. There is a very tightly construed set of elements that must all be met in order to have a cause of action. It is NOT criminal. It may be allowed as a civil action if all elements are met.