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It seems like this would apply to anyone who happened to be on the street at any time anyone shot any video, in the background, on a public street or in a public place. Does the fact that it is "commercial" determine this?
For example, I have the option for any video to not "monetize" it, meaning I'm posting it on YouTube for free and do not receive any payment for it. For this video in question, if I did not "monetize" it, then would that eliminate the ability for someone to successfully sue for the "extra" fee.
I would probably extend this beyond the extent of this question to ask more, so I'm perfectly willing to open a new question regarding things like "libel" and "slander". So far we've been concentrating on the commercial use, and that's fine, so let me finish up with that and then I'll ask a separate question about libel/slander/privacy.
I would just like to clarify: To be clear, if I do not make any commercial use of the video (meaning I opt out of sharing any ad revenue), then that would basically "eliminate" the ability for anyone, including Kim Kardashian from successfully suing me for an appearance fee. So, aside from libel and slander sorts of things, with regards XXXXX XXXXX liability for performance fees only, I'm pretty safe if I'm not getting any monetary gain from the video? I realize nothing's absolute.
I'll get into libel/slander/privacy issues in a separate question.
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