Permissions with B roll footage when people in frame?

When you are shooting B roll footage, and you record someone walking across a sidewalk for example.  Can you use the footage with out permission of the person you recorded?  

I'm leaning towards no, if the person isn't the main focus point.  

This may be the answer you are after -  www.reddit.com/r/Filmmakers/comments/23s...ge_of_people_filmed/

I don't see why this would be different from photography.  If you have someone who is main focus point, you'll need to get their permission if for commercial in purpose. 

Researching this topic further, I found a pretty good comment on Reddit and pertains to YouTube.  However still get's the answer I believe:

"It's more complicated than that. Any bystander can complain to YouTube and request your video should not show your face. It's written in YouTube's policy that you need a model release for any face in your video. It's only enforced in a reactionary process. Of course, you have to be really out of luck for some stranger to find your video, and they go through the process to complain to youtube. Rarely happens but h3h3 productions even had a video removed which they had to re-upload with some stranger walking through one of his shots. You can see in their reupload that it's just some random guy walking on the side. I guess it's a combination of becoming popular on YouTube and having content that not everyone wants to be associated with. I'm sure if someone was a bystander in Casey's video, they'd likely be delighted than appalled to a point where they feel like they don't want association with the video, even as a bystander/extra.Then there are things like (monetary) loss from being in commercial content. And when you monetize, it can now be argued that you are using that content for commercial use. Basically they can sue for the money they should have been paid because you used them in your video because you are going to make from it. If it ever made it to court, the judge can assess the damage/loss from your commercialization of it. Since lawyer feels would outweigh the pennies that YouTubers make, it will never happen, but I guess they can send threatening letters from a laywer's office demanding compensation...kinda like a patent troll.[font=Noto Sans, Verdana, Arial, sans-serif]Then there are country and state laws that actually make it illegal to be shooting video in public without permission. Or shooting video in private businesses or commercial venue. And YouTube will enforce it if any official party complains about your video. Even though they are based in California, USA, they will probably just delete your video because they don't have the resources to defend or even scrutinize your video from a legal standpoint. That's why you won't see many videos of sporting events or people shopping at BestBuy. Stuff like that."[/font]

[font=Noto Sans, Verdana, Arial, sans-serif] www.reddit.com/r/caseyneistat/comments/4...ssion_from_everyone/ [/font]

You'll find this interesting to read  itstillworks.com/need-subjects-permissio...o-youtube-18161.html

Thanks, will read that now!

Remember crimal law varies country to country. The UK is more lax than Spain for example. In the UK judges have ruled that if you opt to walk in public you have no right to object to being accidentally photographed or filmed. Since Britain is covered by millions of CCTV - both public and private - any other ruling would be impractical.

In practice criminal law is rarely invoked. If someone can prove to the standards required by a CIVIL Court (which is lower than required by a Criminal court) then they can opt to sue for defamation of character or financial loss or whatever. But it is up to them to sue you at their own expense and prove their case. The police have no involvement as it is a civil matter.

It comes down to the people showing your video i.e. YouTube or a broadcaster. Their lawyers may demand model releases regardless of the law. And what legal jurisdiction does YouTube operate under? It can't apply American law to a European for example. There would be riots!