As simple and exciting as it may seem, live video streaming has its legal pitfalls.

Should I use video streaming apps to help my business?

February 17, 2016 2:58 pm Published by Leave your thoughts

From Periscope to Ustream to Twitch, more and more businesses are taking advantage of free live video streaming apps to promote themselves to new audiences and potential customers. Even large household names like Doritos and Red Bull have gotten in on the craze, hoping to engage consumers in real time.

"As simple and exciting as it may seem, live video streaming has its legal pitfalls."

Yet as simple and exciting as it may seem, live video streaming has its legal pitfalls that many may not be aware of before they start. Some of these legal concerns are the same ones that broadcasters have had to contend with for decades, now simply transposed into something that everyone with a smartphone can stumble across.

Avoid potentially costly mistakes that can damage your business by being conscientious about the following issues:


Live streaming offers you a direct, unfiltered way to connect with your customer base. But what happens if in a video you capture the image or sound of intellectual property you don't own? Even if this is unintentional, it could be a violation of copyright law to broadcast something that you haven't been granted permission to use in your video, potentially making you the target of a lawsuit.

Right of Publicity and Privacy

Everyone you feature in a live streaming video has to grant you permission to use their image. This is called "right of publicity," and it protects the identity of those who might otherwise not want their voice, face, name, likeness in your content. A clearly worded, written consent form can help protect you from litigation, so anyone you plan to feature in the video should be given one to sign and a copy for their own records.

Trade Secrets

If you are live streaming from a business convention or the like, you may accidentally broadcast trade secrets and proprietary material. This could be a serious violation of trademark.

Trust the Phoenix small business lawyers at The Law Offices of Donald W. Hudspeth, P.C. to provide the highest quality legal advice and support. 

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