To use the footage or not...that is the question!

Soooo...I show up to an event last weekend, to shoot a car show. The show was open to the public and FREE to the public. The event was held in a outdoor public place however the people that put the show on had to pay around $20,000 to reserve the space, hire security, yada, yada, yada! So I am in there shooting for a good hour and half. I am in plain view and with my DVX100 sitting on my shoulder via my DVRig Pro and big ol' Matte Box on the front, you cannot miss me shooting the show!

Anyway, after an hour and a half of shooting I am confronted by the Event Marketing Manager of the Radio Station throwing the show. He asks me who am I shooting for and I said mysellf then he asks what am I going to do with the footage and I said I am going to put together a tape of some of the events I have been to and I am gonna sell it to the folks who enter their cars in such contests. Well at first he tried to take my tape and that wasnt going to happen! In a calm voice I totally explained my intentions and even told him that I left a message with someone at the Radio station just to give them a heads up I was coming out there...Its just a habit since I work in TV NEWS that I do that, and he then asked me to stop shooting the show but if I used the footage to make money of their show via a tape then they would come after me and sue me since they werent included in the deal. He was telling me that I would have to get contracts signed and they would have to get a cut of the money earned from tape sales. Now his show wouldnt be the only show on the tape so I knew I wasnt going to allow that to happen.

Heres the thing. There was NO sign at the entrance or anywhere inside the show saying no video cameras allowed, and NONE of the staff said nothing to me as I walked right into the show and nobody said nothing to me for all that time I was shooting in the begining.

There were tons of other people there with video cameras doing the same thing I was doing (their cameras were not high end MiniDV cameras but still they were video cameras!)

The guy told me that he cannot make them stop shooting and he cannot make them leave! So I told him If I have to stop shooting then they all have to stop too because they can just as easily go home and throw something together and be out on the street the next day selling copies!

Anyway I am working on getting an entertainment lawyer to consult with and see what he thinks before I actually use the footage. Just wanted to run this by you all to see what you thought.
 
I'm not a lawyer, but if the radio station footed the bill for the show, I think that commercial footage of the show would be under there control. I think you could claim "fair use" if you were to use the footage in a documentary about the city or car shows in general, but to put together an event video of their event and sell it sounds kinda dangerous to me. It sounds like that guy could be a royal prick and cause you some trouble (or at least some $$). I would chalk it up to learning and put any cool stuff from the shoot on your reel.
 
Rosestar said:
Dude was that a dig at yours truely?
Nah, I didn't even see your post until you posted this comment (look at times posted). I thought I was first reply. Actually pretty good advice to chalk it up to experience. But IANAA either.
 
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