In my opinion:
@Joseph, neither the words promotion or commercial was used by Graham. Neither were whether this was a paid for job or a freebie.
@Noah, I am suspecting that neither you or me have watched the video in question? So before making assumptions about “someone” and what they know or don’t know, how about you doing your homework first…?
@Graham, ultimately it is about who pays for and clears the PRS (Public Rights). If Beatles, Elvis or Michael Jackson or anyone else was playing in the background of you filming in a public place, then this is always going to be difficult to cut out, also known as Incidental inclusion:
“This is where part of a work is unintentionally included. A typical examples of this would be a case where holiday movie inadvertently captured part of a copyright work, such as some background music, or a poster that just happened to on a wall in the background.”
(https://www.copyrightservice.co.uk/copyright/p09_fair_use)
Do watch out for who pays your bills for the video and how you are crediting the contributors. Ultimately remember that it is normally not in the artists interest not to get heard and/or seen. Neither is not getting paid for it.
My 5p
All the Best
Mads
London, UK
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