I would say that this is law that is still somewhat in its infancy.  I tried to find some articles about it and this is the best one that I've seen so far.  It's from Utah Valley University.  There are a lot of ifs here and most of them surround the expectation of privacy.  There would also be a question of how the video was used.  I can think of a whole number of issues that could give rise to legal action.  The teacher needs to address her concerns with the administration.  It may be time to adopt policies.  I don't like reactionary legislation/policy making, but technology is bringing such changes so rapidly that I'm sure we'll see more and more policies/laws enacted.

http://www.uvu.edu/wrs/trainingmaterials/recording.html

Mamie

Mamie Anthoine Ney
Consultant
Southern Maine Library District 
Portland Public Library, 3rd Flr.
5 Monument Square
Portland, ME 04101
207-871-1765/800-649-7696 
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-----Original Message-----
From: Maine Libraries Discussion List [mailto:[log in to unmask]] On Behalf Of Alison Skoczenski
Sent: Wednesday, January 23, 2013 8:14 AM
To: [log in to unmask]
Subject: Re: [MELIBS-L] MELIBS-L Digest - 21 Jan 2013 to 23 Jan 2013 (#2013-20)

This has probably happened in many schools (including my own) so I am very interested in the responses. In another scenario, a student videotapes a teacher without her knowledge and goes to the administration with it, not Facebook. Is that legal?


>
> Date:    Tue, 22 Jan 2013 16:33:02 +0000
> From:    Trish Brasslow <[log in to unmask]>
> Subject: video taping question for schools
>
> I find, at times, that certain aspects of the world wide web are like 
> the wild west in that it is uncharted territory.  With that said, I 
> have a question.  A student videotapes a teacher and uploads it to 
> Facebook.  The teacher didn't know she was being taped until a student told her about it.
>  Is it legal to place the video on FB without the teacher knowing?  
> Has your school ever dealt with this and if so what were the consequences?
>
> Thanks in advance for your responses.
>
>
> Trish Brasslow
> Library Media Specialist
> Westbrook Middle School
> 471 Stroudwater St.
> Westbrook, ME 04071
> 207.854.0830 X3021
> http://media-in-the-middle.wikispaces.com/
>
>
> "What a school thinks about its library is a measure of what it feels 
> about education." ¯ Harold Howe.
>
> ------------------------------
>
>