CHARLOTTE, N.C. — Cellphones can do just about everything these days, including acting as a camera while people record everything about them with the click of a button.
But is it legal to record anything you see in public in North Carolina? A VERIFY viewer reached out to WCNC Charlotte about North Carolina's recording laws.
WCNC Charlotte went to legal experts for the answer so you'll know what you can and can't do in public with your phone.
SOURCES
THE QUESTION
Can you film in a public area?
THE ANSWER
Yes, you can film in public areas.
WHAT WE FOUND
"If you are in public, you can video virtually anybody and anything you want to," Mauney said.
There are some limits on what exactly you can do with the video once it's recorded, though.
"You can't turn around and sell it necessarily, because the person that you are recording has a right to their likeness, and you can't make some commercial advantage out of what they would expect to be compensated for," Mauney explained.
North Carolina's recording laws are pretty lenient, Mauney said, but it's not the Wild West. Mauney said you can't record someone without them knowing for sexual gratification.
"You can't set up a recording device for some type of sexual gratification," Mauney said. "Meaning you are secretly recording someone in a video fashion and put it on the internet."
Under North Carolina law, that can be a felony or a misdemeanor, depending on the case.
What about recording phone conversations?
THE QUESTION
Can you record a phone conversation in North Carolina without the other party knowing?
THE ANSWER
Yes, it is legal to record someone on the phone in North Carolina.
"North Carolina is what is called a one-party consent state," Mauney said. "What that means is one of the parties in the phone call has to consent to the recording being made."
Mauney said as long as you're recording the conversation in North Carolina, even if the other doesn't know, it's legal.
Contact Meghan Bragg at mbragg@wcnc.com and follow her on Facebook, Twitter and Instagram.
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