Live streaming in poker rooms
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If a casino allows live streaming at the table, must the other players be informed? Do they have to sign a consent, etc.? Or is it just verbal?
My husband is freaking out seeing live streaming at places like Aria. I keep telling him if they are streaming to make public, they have to inform the other players -- but I'm just guessing 😉
If you realize someone is recording a game and you were not made aware, do they have to stop? Is it even legal?
6 Replies
No. Your consent or permission is not required. You are in public with no expectation of privacy. In some limited and generally not applicable to this situations a release is needed. But quite limited and not usually applicable to self streamers. That is the legal status.
Now the rules the rooms might insist on could be more restrictive. I have typically seen signage advising video may be happening. Casino may insist streamers keep it non identifying by not showing op faces, etc. They may offer a non streamed game option.
How is a casino public? Aren't casinos considered private property, which is why they can ban you if they want?
I know most states are one-party consent, but, for instance, California and Nevada are not. Does that matter? I thought in two-party consent states you needed everyone's consent to record?
I am not a lawyer.
A casino is a place of public accommodation, even if it is private property. The general public is allowed to enter. It is not a private club, say, that is members only.
Constitutionally, in a public place, you are allowed to be there, and you are allowed to record anything your eyes can see. You do not need permission from anyone. They are in public, and have no right to privacy.
I’m not 100% sure that these same rules apply on private property that is a place of public accommodation, like a casino. I do know that on basic private property the owners can ask you to leave. Presumably a casino can too, but being a place of public accommodation may affect that.
The fact that it is private property means they can be more restrictive if they want to. The casino can demand no filming if they want. They can throw you out if you refuse to comply.
If instead they allow it, you as a patron probably have no ability to prevent it, subject to some constraints on them using your likeness commercially. You can of course complain to the casino and tell them you won’t patronize them as long as they are allowing it.
Some quick googling tells me:
Places of public accommodation is only relevant to civil rights law. Casinos as private property can restrict any filming behavior if they want.
Also: being a two party consent state only matters to recording private conversations between two parties in audio form, ie a phone call or wiretap. It does not apply to recording video or audio in a public setting.
My employer has us say when we are on a recorded line calling a 2 party state, "Hi, I'm Venice10 from XYZ corporation on a recorded line." If the client continues, their consent is implied. I doubt paparazzi ask, "hey, do I have permission to take your picture?"
Safe thing is to always announce call is being recorded. Regardless of where you are calling from or even calling to, since today you can never be certain where the other party physically is located.
But that only pertains to a private conversation. In a casino you have no expectation of privacy.
Because it is private property, the casino can have pretty much any rules they want. From absolutely no pictures or recording (which was where casinos were many years ago) to anyone can record everything. Casino can establish rules for notice and or permission, but patron can’t insist this be done. Remember patrons are already being recorded in the casino and frankly majority of places these days. The power the patron has is to leave and let casino know why. If enough patrons do this the casino will restrict vlogging. But the days of true privacy outside your home are largely gone.
