And even if it's a documentary, I wouldn't be able to use it--the bigger film festivals, HBO, PBS, etc. all wanted signed releases from every person with screen time in a documentary--and you have to provide the same paper trail for pictures and footage used.
Sit-down interviews, that is. If I go up to him with a camer and he walks away and I follow him, I'm in the clear as long as I don't set foot on private property.
About the HBO thing--you now have to provide documentation you have the right even to use music in the background, so if you're making a film on, say, wikipedia, and Jimmy's wife turns on the radio and the viewer can make out even the slightest bit of Metallica, you have to pay the record company to use that footage. Which means that, more often than not, you'll be cutting that footage from the film.
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