Navigating the Use of 911 Calls in Your Podcast: A Legal Perspective

By Gordon Firemark

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In the dynamic world of podcasting, creators often seek unique content to engage their audience. One intriguing idea that a team of creators from California, brought to me was the use of a short, 19-second clip from a 911 call in their podcast episode. They planned to integrate it into their script and add their commentary and storytelling. This raised an interesting legal question about the use and fair use of such content, particularly given the call's origin in California. Here's an in-depth look at the considerations involved.

Public Record or Private Concern?

The first thing to understand is the nature of 911 call recordings. Generally, these recordings are considered public records, but the extent of their accessibility varies by state and jurisdiction. While some states allow public access to 911 call recordings, others may impose restrictions, requiring a court order or another legal process to obtain them.

In California, where this particular 911 call occured, and these creators are based, the rules can be quite nuanced. Some jurisdictions might release these recordings with redacted personal information, such as names and addresses, to protect the privacy of the individuals involved. However, privacy concerns can lead to exemptions from public disclosure.

For instance, consider a case in Delaware where the Attorney General found that audio recordings of 911 calls made from Vice President Biden's residence were exempt from disclosure due to privacy interests. This example underscores the potential privacy implications associated with releasing 911 call recordings.

Copyright and Fair Use: A Balancing Act

Now, let's delve into the copyright and fair use aspects. While the primary concern might initially seem to be whether the use of a 911 call constitutes fair use, it's also essential to recognize that privacy rights play a significant role here.

Fair Use Considerations:

1. Purpose and Character of Use: Using a short clip within the context of commentary or storytelling can potentially be seen as transformative, favoring fair use.
2. Nature of the Work: A factual 911 call might lean towards fair use more than a creative work.
3. Amount and Substantiality: The 19-second clip's brevity works in favor of fair use.
4. Effect on Market: If the clip's use doesn't affect the market for the original recording, it may favor fair use.

However, fair use isn't a clear-cut defense, especially when privacy concerns are at play.

Privacy Concerns: Tread Carefully

Using a 911 call recording could potentially violate the privacy of the caller, even if it's legally considered a public record. The privacy rights of the individual involved in the call might outweigh the benefits of using the clip in your podcast.

My Advice

Given these complexities, my advice to creators considering similar content—is to tread carefully. The best course of action is to consult with a legal professional who can analyze the specifics of your situation and ensure you're staying within legal bounds. Privacy laws and fair use doctrines can be tricky, and an expert can provide the guidance you need to avoid potential legal pitfalls.

In conclusion, while the use of 911 call recordings can add a compelling element to your podcast, it's crucial to navigate the legal landscape carefully. Balancing fair use considerations with privacy rights is essential, and seeking professional advice can help you make informed decisions.

Stay creative, but stay safe!

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Feel free to reach out if you have more questions or need further assistance.

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About the Author

Gordon Firemark is an attorney focusing on entertainment and media law, and dedicated to helping creators navigate the legal intricacies of content creation. With over 32 years of experience, Gordon provides invaluable insights and guidance to podcasters, filmmakers, theatre-makers and other creatives.