Can I post videos that has people in background, or crowd scenes?

[teisco]

I have some tapes I want to upload to the net and some contain crowds from events and people in background. What is the legality of this?

[adam]

Here's the rule regarding crowd scenes... if anyone is featured enough, or in such a way, as to make them a "subject" of the work then they are entitled to partial ownership in that work and you cannot do anything with it without their permission. If the people are just filler in the background than its ok. If you were filming a documentary on concert participants than you'd need releases from anybody who's face was shown in a recognizable way.

If you are doing anything commercial with this work such as selling it then you need to censor out any trademarks such as logos on t-shirts.

[zoobie]

...or you could use it anyway if you're not making a profit.

If someone got upset, they would contact you and ask to have it removed.
If sued, the first question from the court would be "How much money directly or indirectly did you make from using this video?"
If you answered "a bundle", the case would proceed.
If you answered "nothing", the prosecution would try to prove you made money and are lying about the profits. If they can't, the case would stop right there and be dismisssed.

There have been cases of major movies briefly showing people walking down, for example, Madison Avenue in NYC. The people say to the studio "Hey...You used a recognizable shot of me without my permission. I want money for that."

I'm not sure how their high-powered lawyers handle that but my guess is that they tell them to "Get Ferked!"

That's my take on the whole mess...

[smitbret]

A lot of it depends on the venue and situation. If the people are easily visible from a public place using normal photographic means, then they have no recourse, regardless of whether you make a profit or not. If you had to get a stepladder, pay a ticket for admission or use a high-powered telephoto lens, then those are extraordinary meaures and subject to scrutiny. For instance if a band is doing a show at the band shell at a public park and it is free to the public, then shoot away, no one is protected. If it is a concert that charges admission, you could photograph people entering the venue, but once they are inside, it is off limits.
-Brett

[oldandinthe way]

Anyone can sue you for copyright infringement for anything you publish.

Whether they are likely to prevail at trial is subject to dispute, and as our copyright laws are "improved" the outcome is less predictable, not more.

Whether they have a reasonable case or not, you can wind up with substantial legal fees to defend yourself.

Whenever you publish anything, you need to decide if you are willing to shoulder the risks.