>I suspect that if you look at the program from any performance of the
Philadelphia Orchestra, 
>there will be a statement to the effect that all recording and
photography rights are 
>reserved -- just as they are when you go to nearly any concert, I don't
care whether it's the 
>Rolling Stones or Raffi.  The fact that the concert was free and in a
public place doesn't 
>override their right to control publication of photographs of the
orchestra - and posting of 
>photographs on a web site does constitute publication.
 
>Frankly, I'm quite surprised that people find this so surprising!
 
I'm not a lawyer, but I'll cite this USA today guide on the legal rights
of photographers found here
(http://www.usatoday.com/tech/columnist/andrewkantor/2006-08-11-photogra
phy-rights_x.htm) oft cited by the National Press Photographers
Associtation -- some highlights of which are:

The bottom line
Except in special circumstances (e.g., certain government facilities),
there are no laws prohibiting the taking of photographs on public or
private property. If you can be there, you can take pictures there:
streets, malls, parking lots, office buildings. You do not need
permission to do so, even on private property. [...] Subject to specific
limits, photographers can publish any photos they take, provided those
photos do not violate the privacy of the subject. This includes photos
taken while trespassing or otherwise being someplace they shouldn't be.
Taking photos and publishing photos are two separate issues.

[...] 

Whether we can take a photograph is determined by whether the subject
has a reasonable expectation of privacy
or seclusion. If not - if he's visible to the public (even on private
property) - photography is legal.
The logic is simple: If you can see it, you can photograph it. If it
requires extraordinary means to see (e.g., using a
telephoto lens, or trespassing on property not open to the public such
as a private office), then you may not be
able to photograph it legally.

[...]

Photographs taken in public places generally are not actionable. Photos
of crimes, arrests and accidents
usually are considered newsworthy and immune from privacy claims."

[....]

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