zlacker

Commercial value may be for filmmakers who would no longer have to worry about getting waivers from people in the background of live shots. (Not a lawyer.)

>>jb1533+(OP)
Also not a lawyer, and US-based in case it varies by country.

Do you know if a waiver is needed in this case? My understanding is that I can walk down a sidewalk, around Disneyland, around a resort, and film anyone / anything in plain sight. (I don't do that, by the way...) In other words, assuming you're not climbing over railings etc., if you can see it with your eyes, you can film it or photograph it.

Wonder if anyone here (plenty of legal eagles I'm sure) can confirm this or correct this. We don't need to get bogged down in corner cases & rare exceptions... for example, I think I heard that in some states, if the police ask (demand?) that you stop recording, you have to, otherwise you're in violation of the law... but even as I type that, as an American, it just sounds wrong... but I don't know.

>>thr0w_+Hw
Also not a lawyer, but I think it mostly has to do with commercial use. Filming people at Disney for your Instagram followers is different from making a feature film and turning everyone standing around on a busy street into uncredited extras.

This particular site is with respect to Canada, but I'm pretty sure the same basic idea applies everywhere:

"When publishing photos for commercial purposes: You need the permission of every identifiable model in the photo, even if the photo was taken in a public space. For example, if a photo has 10 identifiable models in the photo, you would require a model release for each of them."

https://www.lawdepot.ca/law-library/faq/model-and-entertainm...