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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).