Braden Perry Discusses the Legality of Live Streaming in Classrooms with

Braden Perry Discusses the Legality of Live Streaming in Classrooms with

On, Perry is highlighted discussing the legality of teachers using a live-stream feature in their classrooms. One particular mom discovered her child’s classroom was being live-streamed via a Facebook page, where over 100,000 followers were watching. Many teachers have been using live footage on Facebook, and other forms of social media to market and sell created materials to other teachers. Is what this teacher doing illegal?

“Standard social media releases are often very broad,” explains Braden Perry, regulatory and government investigations partner with the Kansas City-based law firm Kennyhertz Perry, LLC. They can cover rights to record children’s images, voices, artwork and written work on video, photographs, digital media, or any other form of electronic or print medium, and the right to edit those recordings.

“While ‘technically’ covered, the releasees (the parents) likely did not think commercial endeavors with vast audiences would be at issue,” he says. Because of this, the parents were unable to give informed consent when signing their media releases.”

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About Kennyhertz Perry Privacy, Cybersecurity and Breach Management Practice Group

Kennyhertz Perry assists clients with data security needs, blending traditional legal experience in the corporate and litigation arenas with technical acumen. We assist clients in prevention, developing robust information security programs, including administering internal compliance and risk assessments, which include the development and implementation of corporate policies and procedures required for compliance with state and federal privacy and security laws, and information security best practices; information security policies; records retention and management policies.

In addition to prevention, Kennyhertz Perry can prepare security incidence response procedures, identify, assess, contain, and mitigate privacy and security breaches, and work with law enforcement to assist in the investigation of the incident. Businesses that are the victims of cyberattacks also must determine when and how to cooperate with government agencies during investigation of an attack, and how best to do so. The lawyers in our privacy and cybersecurity practice, as well as members of our Government Enforcement practice group have deep experience, from both government and private practice, in this area, and help companies navigate the often complicated interactions with government agencies, and can provide both counseling and representation where the threat of prosecution may arise.

Kennyhertz Perry also assists with IT resiliency understanding and engaging at the top management and board level. Traditionally, IT has been misunderstood, and management would not understand the role and responsibility of IT departments. Kennyhertz Perry bridges this gap at all level. At the Board level, directors not only need to be sophisticated with business issues, they also need to be versed in today’s cyber and IT. Translating an understanding of the importance of a proactive IT security policy, and feeling like the company is “on board” with IT security efforts. Many companies have very robust policies and procedures for their business processes, which sophisticated Board members can understand. IT is different. It’s a different language for a business person, and unfortunately most Board members will ignore or defer on issues they don’t understand. So when an IT department presents a robust plan for proactive IT security, it may go ignored or disregarded. This can lead to a reactive plan only that focuses on the “when” as opposed to prevention. IT is a different language. We serve as Board IT/cybersecurity liaison to be the “go between” and translate the IT language into business and vice versa.

About Kennyhertz Perry, LLC

Kennyhertz Perry, LLC is a business and litigation law firm representing clients in highly regulated industries. The firm was founded by two veteran Kansas City attorneys, John Kennyhertz and Braden Perry. To learn more about the firm, visit

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