I am doing a nature documentary that will be distributed to public access stations. This is a free thing I am doing as part of giving back to the landtrusts that maintain the lands for all to use.
I was in need of video of a tadpole with gills still attached and am having trouble getting this footage. I found a photo online that was posted in a forum 4 years ago and can't contact that forum user as I don't believe he is up to date on the forum as of present time.
The photo is shown for about 5 seconds in the video showing the larval stage of an amphibian.
I also plan of capturing the footage at some point and replacing the photo with actual video footage.
My video is on a website where other public access stations can download the video to show nationwide at no cost.
It's a small world out there and you never know when someone will spot their photo being used.
What are my liabilities here and what monetary damages could the owner claim given I don't plan on making a cent on the video. I have tried to PM him for the last 4 months and have no reply. But he's got the perfect photo.
Could the owner just tell me to remove his photo from the video which I would do or could he claim monetary damages ?