Legal Question in Intellectual Property in Louisiana
I recorded some "live video" with "audio" and also separately some "live Audio" ONLY during the Mardi Gras parades in New Orleans 2012. Sometime dance teams would pass by with music playing such as "Britney Spears" etc. Crowds are cheering etc along with all the other sound of crowds on the streets.
Most of the time, they pass by so fast as to only hear some of the song. but it is clearly the artist music.
Its clear that the purpose of the audio is to capture the essence of Mardi Gras crowds etc and not to resell copyrighted material of a artist.
I just started putting my stock video footage and audio online to see if I can make a few bucks. I have not put any with the dance teams playing national artist like "Britney Spears" etc.
Is it legal to sell live street sounds only with music in the background by a national artist? Same question for Video with the audio.
If I remember correctly, if a "Coke" sign or something like that is in view and is not the main focus of the shot, and you in no way disparage "Coke" etc, then its legal. I'm just not sure about my situation.
Thank you in advance for any legal advice.
2 Answer from Attorneys
You are selling video or audio of a parade, you should have no issues. However, if you use video of a person, you do have to get their release for use of their image.
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