Kevin b

Installed a hidden camera to catch a neigbor who has been stealing property and mail from me. Obtained a restraining order and am proceeding with criminal charges. However, he has hired a fornesic expert to review digital images, (claiming images were altered, they were not) question, by allowing his expert to download images from my harddrive, who owns the copyright and or images from MY DVD Recorder, I am afraid he might distribute, publish or alter images of unsuspecting neighbors. Thanks for info, need answers in a hurry.

I am overcome by your consideration and advice. Do you mind my inquiring, are you in the legal profession? You bring up points and authories that suggest such. The only reason the defendant brought in the forensic expert I believe or so he states in part is that" based on the fact that the camera and witnesses (other owners in the building) will testify to the installation of the outside camera in July, thereby ignoring the fact that his actions were caught for the 6 weeks previous (and by the looks he gave when he saw the several scenes, teh previous judge advise me to only bring the 'best' or 'worse' incidents thats why I only brought 7 or 8, he claims he could not have been caught on video thinking the camera that supposedly caught him was installed in July when he knew damn well he had stolen the stuff in late May and June. Would have been a slam dunk with the orignal judge, but this one is different, allowing them, which I believe is their right, to inspect the images for any and all 'alerations or manufacturing' btw, my own expert who reviewed and downloaded a copy to protect the oringinal told me that nothing could be doctored expect the date, which it wasn't as it matches the FED EX delivery receipts from delivery personal that I have. I know where you are coming from regarding over lawyering me, but don't know if I can afford representation. I would have thought the defendant would have biten the bullet, so to speak, and concern himself with bigger fish (i.e. small claims and criminal proceedings) but he is limited in scope, dare I say! Appreciate your suggestions and am going to go ex-parte and ask that he expert only download only images with the defendant. Do you think I have a chance to get the court to agree to that, insofar as the judge is on vacation, I seek to get it from the first judge, who I believe will be understanding, or should I wait to the Sept 8th hearing when we were to reconvene (which I don't want to do) as the defendants attorney and expert stood me up for a scheduled appointment both last Thursday and Friday when I asked them to sign an Agreement that they would not publish, copy, download or foward images they downloaded. Your thoughts? I will contact the manufactor on Monday as you suggested. Thanks again, I appreciate your input. Kevin

Appreciate your informative advice. First, am representing myself in the Restraining order matter, which I got a TRO and the defendant subsequently hired a lawyer, (dare I say,ambulance chaser) who, even before the formal hearing, a month after the temporary restraining order was issued, wrote a brief declaring that any and images had to have been manufactored. In effect failing to read my original resquest that disclosed the fact that I had a hidden camera, dumb on their part, and they continue to believe that the onlyi camera I had was one put in outside my condo in the common area installed in early july when the incriminating images of him stealing over $2,000.00 in plants and 3 federal express packages, (throwing them all away in the trashchute next to the elevator) thereby failing to comprehend the images captured were from late May and all of June. Recieved TRO on myapplication and when I went to court for the permament one showed only 8 of the twenty some incidences and agreed with teh Courts request to have the examiner examine the harddrive to see if any alternating had been done, which it wasn't, time and date stamp on images are correct and match with FED Ex deliveries ect. Representing myself here in teh TRO hearing and want to seek the court to limit his downloading of images to just images of the defendant, which seems fair to me. I know the DA will prosocute, but wanted to the the Restraining order in effect then take it to the DA and am pursuing a small claims matter to recover the cost to replace the plants and cost of DVD, camera and Recorder/hard drive that his actions fro the past 2 years predicated my having to install the hidden camera itself. You seem most knowable and appreciate your input. Kevin

Am considering going to Court in an ex-parte motion to instruct his expert to only download, from the harddrive, only images of him and no one else, then I don't care what he does cause I will always retain the original. Thanks for your imput, appreciate it, frustrated here in California!

To answer your question, used a DVD recorder that I bought at Frys here in California. My concern is that insofar as he has been harassing me by stealing and vandalizing plants and mail at my door, which coincidentally is located directly in the elevator vestibule I thought he might distribute images of neighbors who were not aware of the hidden camera. However, since serving him with the TRO, restraining order, I installed a camera outside my condo, in full view to let people know. This guy is dumb as they come, but thought as a board member of our HOA he might take it upon himself to distribute or publish images of neighbors for whatever reasons, most probably to make a case to remove the camera to protect himself from further being caught on camera. What he and his attorney are doing is nothing more than a dog and pony show esp when he knows its HIM on the video, nothing can dispute that, but a exercise in futilty nonetheless. Kevin

Btw, live in California, USA to answer your question.

Appreciate the info Thomas, however, let me clarify, the fornesic expert is only examing the hard drive for his client, the defendant in the restraininig order hearing, to verify if images have been altered and or manufactured, not in criminal proceedings as yet, another courtroom for that. So, question, insofar as the defendant has, in fact, violated my right to privacy twice, that I know of, regarding sensitive homeowner association information (he is reluntantly a board member, not for long I supose) I am fearful thta he might distribute, publish or maybe alter images of neighbors coming and going in front of the camera, which is in the common area of the building (checked with police, cleared toput a hidden camera in my front door peep hole) and i wanted to protect them from what he might do to send it to them to harass them or what. Want him to sign an agreement not to use, distribute, copy images by him, his attorney and or expert, they are delaying. So, do I have an automatic copyright on images now or need to apply for one to protect images from such actions by him? Is an agreement not to copy, download, distribute or publish necessary? Appreciate anyones input. Kevin