Folks, please stop the amateur lawyering. If someone wants to get a real attorney's opinion, that's fine. But this is just making us look dumb.
Fair use is fair use. You can buy books full of photographs that don't have explicit licenses from every holder of every copyright in the image. What we are doing is no different.
Film production courses teach low-budget, amateur filmmakers to get releases for every recognizable person, location, and trademark in a film. I was watching the extra features on the LOST IN TRANSLATION DVD -- a major release and best-screenplay Oscar winner -- and Sofia Coppola and her crew talk about how they'd sneak their camera equipment into the Tokyo subway or out onto the sidewalk because they didn't have shooting permits. At one point, the entire crew went up to a second-floor Starbucks and ordered coffee, non-chalantly putting a camera on a tripod against the window to get shots of pedestrians crossing the intersection below. No releases from the city or the hundreds of (clearly visible) pedestrians, obviously.
I guess that Sofia Coppola forgot to take a film production course.
All the best,
David
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