Prosecution Unlikely For Kim And Kanye Over Recording

| by David Bonner
Kanye West Kanye West

For those who keep up with Kim Kardashian West, Kanye West and Taylor Swift, the details surrounding Kanye's song "Famous" are well-known.

In the song, he raps that he “might still have sex” with Swift, and brags that he is responsible for her success, courtesy of his poetic line, “I made that b---- famous,” which The New York Times saw fit to print in full.

In the accompanying video for the song, several celebrity lookalikes, including one who looks like Swift, appear topless in bed with the Wests. The New York Times describes it as “an eyebrow-raising jolt of beatific pop-art erotica.”

The latest news about the controversial song involves whether or not Swift gave permission for Kanye to use the lyrics in question.

Kanye had sought her permission through a telephone call, which was secretly video-recorded by him and later posted on Snapchat by Kim.

Because the recording was allegedly made without Swift’s permission, Swift’s attorney threatened the Wests with criminal prosecution, according to TMZ.

The law varies by state, and in California, it’s illegal to record someone if they don’t know they are being recorded, unless it’s reasonable for them to assume the conversation is being overheard.

In this case, Swift was apparently aware that she was on speakerphone and so knew she could be overheard. “There's no doubt listening to the full tape, Taylor knew she was being overheard," reports TMZ. "As a result, it's pretty clear ... Kanye didn't violate the law by recording.”

So the couple will likely not face criminal prosecution, because Swift had no expectation of privacy.

Sources: TMZ, The New York Times / Photo credit: Wikimedia Commons

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