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The legality of publishing part of a telephone conversation with Santa Claus
On Monday, we launched a telephone Santa Claus. Today we have > 4000 calls.
During the conversation, Santa Claus asks to tell a rhyme, after which he asks: “Do you want a lot of people to hear your rhyme?”
Question: Do we have the right to publish a poem with a positive answer?
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No.
1) “I want a lot of people to hear”! = “I allow you to publish it as you wish”, even just like that, in letter ... and in spirit, perhaps.
2) Based on your question, it can be assumed that the majority of the respondents will be minors, whose permission without parental consent is worthless in any case.
3) Perhaps you would be protected to some extent by a "preliminary" warning that the conversation is being recorded and may be published and that the caller must be 18 years old, but this can kill the very spirit of the idea in the bud.
To be honest, I think you're overstating the importance of this problem. Considering that this is a festive action and the people who call are probably joyful and positive, nothing will be terrible and it is unlikely that anyone will present something. I think you need to:
1. Use manual moderation of what you want to put on the air. Just do not release something for which, in your opinion, based on the positions of common sense, a person can be ashamed.
2. Use a disclaimer that clearly states what actions a person should take if he wants the video with his participation not to be used. Remove rollers at the first request of the applicant.
I think this will be enough. I will add that from the point of view of business, the situation should always be slightly forced and move closer to the brink of a foul. This is the only way you will achieve something in business. If you always play it safe, you will be behind the competition. This is from personal experience.
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