Record Scanner Audio and Post on Website

khanrising · #1 (**permalink**) 10-20-2009, 12:12 PM

Hello,

I live in New Mexico, and didn't see these questions asked anywhere.

Question 1: Is it legal to record over the air police scanner audio and the post it to a website in my state?

Question 2: What if the audio was recorded and then modified, removing "dead air" space or the chirps and tones usually heard on a scanner, so that a person may be able to more easily or in a more timely manner listen to the scanner audio. Would the audio be considered my private property at that point and/or could it be posted to a website at that point?

If the answers to my above questions are "No", then how can the nightly news/CNN etc. play 911 calls, which are recorded off the air or are purchased from someone who recorded it off the air. By what legal authority are they doing this? AND they do this on a national basis AND the last time I checked they are providing the news for money.

Thanks

blantonl · #2 (**permalink**) 10-20-2009, 08:24 PM

We feel that the law allows us to legally intercept and record Part 90 FCC licenses and make those recordings available.

If you made the recordings, and modified them, then the assumption is that you can attach whatever license you would like. But from a legal perspective.. I dunno. We'll probably never know either until something like this is challenged and a decision by a court is made. There isn't anything concrete out there today.

In any case, there are a lot of differing opinions out there, and a lot of uninformed ones. Get ready, because here they come......

IBN01 · #3 (**permalink**) 10-20-2009, 10:23 PM

I have never had any issues on our website with recordings that were posted. As for CNN and news sites - they do a records request for the said audio and that is then released by the departments as an actually records release. When they do the request they specify the use and intent.

cgriggs · #4 (**permalink**) 10-21-2009, 10:53 AM

Hey guys and gals,

I record all the audio from my stream and actually maintain one weeks worth of audio, just in case.

One day there will be something to happen and I'll have a copy of it. If anyone is interested in how I do this then PM me and I'd be glad to help out.

Corey Griggs, K4CRG
Mitylene, AL