Kanye West Can’t Get Sued for Recording Phone Call With Taylor Swift
Twitter was abuzz yesterday (July 18) after Kim Kardashian released a video showing that Taylor Swift did indeed sign off on at least some of Kanye West's "Famous " lyrics that reference her. Back in February there was a dispute over whether or not Kanye had run the lyric by Swift, with a statement released from Taylor's camp claiming that "Kanye did not call for approval." With the leaked video however, many are accusing Swift of lying, though it did raise the question of whether or not Kanye and Kim were within their legal rights in recording the phone conversation.
Depending on the state, the laws are different, but in a two-party consent state, which California is, both participants in any recorded conversation must be notified of the recording. Based on Swift's reaction to the leaked video, which included her writing on Instagram, "That moment when Kanye West secretly records your phone call," it was largely believed that Kanye had not obtained Swift's consent or notified her of the recording, leaving him in legal jeopardy. There is, however, a caveat to that law that TMZ is reporting will absolve West of any wrongdoing and it is dependent on the fact that Swift was put on speaker for the conversation.
There is a difference, in other words, between a "confidential communication" and one that can be overheard. Rick Rubin speaks during the phone call, which TMZ says took place in Cali, as do members of Kanye's filming crew, and so the expectation of a closed circuit communication can't reasonably be had. This is all to say the L that Swift is taking in this won't come with any legal consolation. Her gripe that Kanye never previewed the "made that bitch famous" line may be valid, but that hasn't stopped Twitter users from piling on with the hashtag #KimExposedTaylorParty. Check some of the best tweets using it below.
Twitter Throws #KimExposedTaylorParty After Kim Kardashian Posts Kanye West’s Phone Call With Taylor Swift Approving "Famous"