In my media law class yesterday I learned that there is an FCC law that prohibits recording conversations and then broadcasting them without permission. Many states have laws about recording conversations (in California you need to let someone know if you are recording, in NY you don’t), but this is a Federal law.
In other words, nobody is allowed to record a conversation with the intent to broadcast it on radio or TV without getting consent. (Internet broadcasting is not regulated by the FCC).
This brought up an interesting tid-bit of pondering. What about the Jerky Boys (from the mid-90’s) or Crank Yankers. Well, the Jerky Boys CD was alright, it wasn’t broadcast so much as reproduced. I can’t remember if they had a radio show or not. If they did, they would be in the same quandary as Crank Yankers, which claims to have real conversations with people and then broadcasts them — hillarity ensues.
Crank Yankers relies on those conversations being real for their credibility. I won’t put that past them. But I think what we are listening to are readings of past phone conversations. It’s okay to dramatize the phone conversations with a different voice, but it’s against federal law to broadcast them. I don’t think any TV show could survive while breaking federal law so blatantly.
Again, this is just ponderings. Anyone want to chime in (I’m looking at my editorial assistant Oliver, who always has something to input).
Hey chief,
I can’t say that I’ve ever actually sat through an episode, but I have wondered if the idea is even legal. Although googling “crank yankers bullshit” didn’t turn anything up, I did eventually find a few articles that shed some light.
Apparently some states require only one caller to give consent to record a conversation. Exec. Producer Daniel Kellison claims that Nevada is one of these states (http://www.theage.com.au/articles/2003/07/24/1058853184719.html). So they record the calls, presumably with the prank caller’s consent, then follow up later to get permission from the person called. (You’re going to be a star!)
The only problem, says the Las Vegas Weekly, is that NV isn’t a one-party consent state (http://www.theage.com.au/articles/2003/07/24/1058853184719.html). So it appears that CY’s legality is dubious, or at least murky. Fucking puppets.
I don’t think the problem is with the recording. That changes from state-to-state. The problem is in the FCC regulation which is federal. You cannot record a conversation and then broadcast it without consent. It’s one thing to record without consent (you can do that in New York), but even in NY it’s against federal law to broadcast the conversation later.
We will have to look into this…. you are my ace….ace.
They do get consent though. After the first call is recorded, they call back and get permission to broadcast it. From the LV Weekly article (which I didn’t link to correctly in my first post):
“Crank Yankers staffers follow up on every call, to let the person in on the joke and ask their permission to broadcast it.”
http://www.lasvegasweekly.com/2003/10/30/feature2.html
Way to go Ace.
I guess it makes sense. Who wouldn’t go along with the joke. I personally have always wanted to be a puppet.
I know I’m late, but jerkey boys was in NY and their calls were in NY. And like other people said, all you need is permission for them to be able to put the content out… It’s real.