Rap Sheet

This is awesome.  On a host of levels:

First, she’s pretty good. Second, the gestures are phenomenal. Third, her reaction to being recorded is priceless. But finally, and most importantly, here’s what her husband commented when he posted the clip:

My wife is THE most beautiful human being I know and I absolutely adore the moments I get to watch her being herself. Don’t be shy people, say you love your loved ones, treasure the little moments and don’t worry if people are judging you!

Amen to that. 

But, of course, the lawyer in me can’t leave it on that sentimental note. And the media lawyer in me wonders, what if this couple had a less friendly relationship. Would the rapping wife have a legal claim against her husband? Well, here comes the answer that makes clients everywhere cringe. It depends. In 12 states, a party to a conversation can record it only if the recorded party consents. These states are called, unsurprisingly, “all party consent” states. So, if the couple resides in one of those states, the wife may have a claim.

But 38 states, D.C.  and under the U.S. Code, a party to a conversation is allowed to tape it without telling the other party.  These states are called “single party consent” states.  So, if the couple reside in one of those states, the wife may not have a claim.  The only issue, I suppose, is whether her rap song would be deemed a “conversation” and whether the husband was a party to it in any event. 

If any of my media law friends are reading, I’d love your input!