If you feel like you’ve lost brain cells by keeping up with the Kim Kardashian and Kanye West feud with Taylor Swift, don’t be ashamed.
Turns out there’s something we can all learn from it, at least from a legal standpoint: Recording a conversation can be illegal, depending on the location and context.
“It’s funny how the stars always create these great legal questions,” lawyer Michael Lacy, vice-president of Canada’s Criminal Lawyers Association, said with a laugh.
READ MORE: Kim Kardashian, Kanye West reignite Taylor Swift feud on social
Even he’s up to speed on the Team Kimye and Team Swift legal drama, which first erupted in February.
That’s when West’s song Famous was released with this lyric: “I feel like me and Taylor might still have sex, Why? I made that bitch famous.”
Swift’s camp vehemently denied claims the 39-year-old artist called the singer to ask for approval. So imagine her embarrassment when she learned there was actually a recording of said chat.
When Kardashian posted the proof in Snapchat snippets on Sunday — in what is now her second most infamous video release — rumours swirled of a looming lawsuit.
WATCH: Here’s Kim Kardashian’s snapchat video of Kanye West and Taylor Swift discussing ‘Famous’ lyrics
Legal experts debated the sue-ablity of the crime in question, which initially seemed to hinge on where West and Swift were during the contentious call. In 11 U.S. states, including California where reports placed the rapper at the time of the conversation, you need to get consent of all parties on the line before recording.
Otherwise, you just need consent of one party (i.e. West in this case).
READ MORE: Kanye West delivers another Taylor Swift-focused rant
But it’s actually a little more complicated than that. As pointed out on Tuesday by TMZ (which is led by lawyer Harvey Lewin), this law only applies to “confidential communication,” which doesn’t include conversations that “may be overheard.”
Since Swift was clearly on speakerphone, and West’s people could be heard piping up at times, TMZ has concluded “Kanye didn’t violate the law by recording” the call.
‘Difference between Canada and the U.S. is an important one’
“This is an area of law that’s still developing in Canada,” Lacy said.
But “the difference between Canada and the U.S. is an important one.”
“In Canada there’d be no basis to pursue a criminal allegation,” he said. “I don’t believe you’d have a viable civil claim either.”
He explained that regardless of where you are in Canada, “as long as one party to the conversation is consenting, you can record the conversation” and post it publicly without committing a criminal offence. That rule doesn’t apply to state agents like police officers.
People whose conversations are recorded without their consent may, however, be able to sue in civil court for damages.
“It would likely only be in circumstances where you had the expectation that the person would keep the conversation private,” Lacy said.
READ MORE: Kim Kardashian on Forbes cover: ‘Not bad for a girl with no talent’
Even with a successful civil claim, he added, you likely wouldn’t get anywhere near the damages that are awarded in America.
While Swift hasn’t officially filed any legal action this week, he doubts she’d win even if she did.
Comments