Someone keeps saying they'll sue us?

Mr Kerbibble

Mr Kerbibble

A couple of nerds. A nerd couple, if you will.
So, this was something I was not expecting to wake up to today.

As some of you know, we run a few channels, a Daily Vlog, a Gaming Channel, and a Cosplay/Convention channel: Kerbibble Cosplay

Today, I woke up to discover a message from someone commenting on one of our Cosplay Music Videos, (MetaCon2015) threatening that they would sue us because, apparently, we didn't receive his permission to use him in our video.

Now, I always make sure to record a consent before we actually record them posing for the camera, but don't recall offhand if we did ask him because it was so long ago and that I'm currently at work, so I don't have time to look through the footage. In any case, I'm a little concerned about this, because he keeps commenting on the video threatening legal action. I don't really know how to respond to him right now, and I'm curious if anyone has any experience with this?

In the video, you can't see his face, as it is covered by a mask in the video, nor can you see any name on his badge or anything like that, so I'm a little frazzled and thinking it might just be a troll, but any experience or advice on this would be most appreciated.
 
If it really rustles his jimmies just blur out his face.

He can't do anything then although if he is hidden like that unless the person he is cosplaying is his own character that is trademarked he can not do anything.

Also everything is hidden right? so I mean.

He is either a troll or an idiot.
 
I'm pretty sure that if there's no way of identifying him from the footage (can't see his face), then he can't report you for invasion of privacy (even without consent).

The fact that he's voicing his claims in the video comments speaks volumes. He's probably already tried to make an official claim and it was refused. So yeah, I doubt you have anything to worry about.
 
Crown said:
I'm pretty sure that if there's no way of identifying him from the footage (can't see his face), then he can't report you for invasion of privacy (even without consent).

The fact that he's voicing his claims in the video comments speaks volumes. He's probably already tried to make an official claim and it was refused. So yeah, I doubt you have anything to worry about.
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Thanks, never have dealt with someone like this before. My reasoning was that since his face is obscured by a mask and there are no identifying badges or name tags, I don't see what the problem is. How should I best respond to this? I mean, again, we record consent with all of the people that pose for cosplay, (but don't recall if we asked him as it was so long ago) so should I make this point as a comment, or just ignore it all together?
 
Mr Kerbibble said:
Thanks, never have dealt with someone like this before. My reasoning was that since his face is obscured by a mask and there are no identifying badges or name tags, I don't see what the problem is. How should I best respond to this? I mean, again, we record consent with all of the people that pose for cosplay, (but don't recall if we asked him as it was so long ago) so should I make this point as a comment, or just ignore it all together?
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Is the video monetized? He's probably p****d that you're earning money from his cosplay lol. You don't really have to reply to him. I find that getting into a debate with these people just makes the situation worse. I bet he's trying it on with loads of channels who filmed him - not just you.

Disclaimer: I'm not a lawyer. I'd be interested in hearing what other people think too. :)
 
Crown said:
Is the video monetized? He's probably p****d that you're earning money from his cosplay lol. You don't really have to reply to him. I find that getting into a debate with these people just makes the situation worse. I bet he's trying it on with loads of channels who filmed him - not just you.

Disclaimer: I'm not a lawyer. I'd be interested in hearing what other people think too. :)
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Yeah, the video is monetized, I suppose that could be a reason. I'm curious as well. Especially if there are people that do similar videos revolving around conventions, interviews, or cosplay?
 
The more I think about it, you have nothing to worry about. - There is no way for him to prove that it's him in the video. So that removes any claim for privacy or revenue share. Even if he has a photo of himself at the convention without the mask, that is not proof that it's him in your particular video.
 
Mr Kerbibble said:
So, this was something I was not expecting to wake up to today.

As some of you know, we run a few channels, a Daily Vlog, a Gaming Channel, and a Cosplay/Convention channel: Kerbibble Cosplay

Today, I woke up to discover a message from someone commenting on one of our Cosplay Music Videos, (MetaCon2015) threatening that they would sue us because, apparently, we didn't receive his permission to use him in our video.

Now, I always make sure to record a consent before we actually record them posing for the camera, but don't recall offhand if we did ask him because it was so long ago and that I'm currently at work, so I don't have time to look through the footage. In any case, I'm a little concerned about this, because he keeps commenting on the video threatening legal action. I don't really know how to respond to him right now, and I'm curious if anyone has any experience with this?

In the video, you can't see his face, as it is covered by a mask in the video, nor can you see any name on his badge or anything like that, so I'm a little frazzled and thinking it might just be a troll, but any experience or advice on this would be most appreciated.
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If he can't prove it's him then there's nothing he can do. With a mask and no identifying features that guy shouldn't have any power to do anything.
 
I would delete the comments as soon as possible and possibly block him from writing more. You don't need that kind of publicity and you certainly don't want others to join in thinking they could make a quick buck off of you.

Respond to him privately to either his channel or Google + name (whichever he used to comment from) to inform him that you don't intend to change anything and that unless you hear from his lawyer, you consider this mattered closed and if he continues to comment publicly, you will report him for harassment
 
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