Seems to me that if the notice wasn't explicit, then permission wasn't given. It is one thing to say that it is being recorded (for posterity, as an example), and quite another if one indicates it is being recorded for use in a future CD, in which case one would get a disclaimer signed. Another wrinkle is that they may have known that it was being recorded for one use (say as a fundraiser for a local organization) when it is now being used as a for sale item to create a profit for an individual.

It just seems that the honorable thing to do is fairly obvious. No one is going to get rich off this project, but there are protocols that should be followed. "Shoe on the other foot" is a good bone to chew on this one. What would you want done if you were in the other position.

All the best,

Mick