Kathleen, in America we have the right to take photos of pretty much
whatever we want without permission--people, pets, small children,
orchestras, bridges, shopping malls, houses, art museums, public property,
private property, government buildings, etc. *Very* few photographs are
actually "illegal" to take.  Similarly, we have a right to publish most
photos without permission.  There are exceptions to these rules:  We can't
invade somebody's right to privacy (which is seldom an issue in a public
park).  We can't portray them in a false light.  And we can't use
photographs of people to sell a product, etc. without their permission and
usually some form of payment.  (although we can sell the photos themselves
without permission in most cases).

The Philadelphia Orchestra cannot simply declare that they constitute an
exception to the law and that we aren't allowed to take or display photos of
them on websites.   Not only would I be allowed to publish a photo taken of
them in a public park, I would most likely be within my legal rights to
publish a photo i'd taken of them inside the Academy of Music.  What
frightens me is the number of people that believe otherwise, in this case
simply because some woman in a yellow t-shirt told them so.


dave


On 7/23/07, Turner,Kathleen <[EMAIL PROTECTED]> wrote:

 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!

Kathleen


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