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Thread: Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

  1. #1

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    Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

    I'm about to start a large format project on cemetery headstones. The project will compare 18th century engravings carved into the stone with 21st century laser printed images of the deceased.

    While I'm confident that I can make photos of the 18th century headstones without any legal restrictions, I'm wondering about 21st century privacy issues when it comes to photographing a modern headstone that contains a person's likeness embedded in the stone. I'm also wondering if I'm possibly violating a copyright by reproducing a likeness without express written permission from the family of the deceased.

    Any thoughts or legal opinions?

  2. #2
    Tin Can's Avatar
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    Re: Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

    I thought all cemeteries ban photography

    However I used to eat bag lunch at https://www.gracelandcemetery.org/ for years and seldom saw anybody alive

    I used a tripod and took pictures, often

    I shot Karl Marx at https://highgatecemetery.org/

    I stop at every cemetery I can and read headstones for the history, find them on backroads

    My Will specifies cremation, no urn, no burial

    Spread me to the wind asap
    Tin Can

  3. #3
    Joe O'Hara's Avatar
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    Re: Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

    My guess (and it is only that) is that it depends on the policy of whatever organization--church, etc.--owns the property, as it would with photography on any other private property. As a general rule you can photograph anything that you can see from public property, unless a clear invasion of privacy or specific law against it is involved. The usual I-am-not-a-lawyer disclaimer applies.
    Where are we going?
    And why are we in this handbasket?


    www.josephoharaphotography.com

  4. #4
    jp's Avatar
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    Re: Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

    I'd do it and ask for forgiveness if necessary.

    The likenesses carved in stone were probably appropriated from scanning mass-market "professional" portraits like people had done at sears, jcpenney, schools, etc... which are out of business anyways.

    If you stay away from making a business of photographs of headstones, I don't forsee any legal trouble. If you were doing it for profit, it's probably not worth pursuing the releases, etc...

    Most cemeteries are terribly undocumented and I'd think they'd welcome whatever order you can create with a camera.

    I've photographed LF in cemeteries in the daytime, and digital at night. Never a problem.

  5. #5
    Eric Woodbury
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    Re: Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

    There is an online app where you can lookup headstones. And there is a picture of each.

  6. #6
    Drew Wiley
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    Re: Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

    Depends on the specific cemetery. If they're fenced in, there's often a sign on the gate giving the rules, whether the place is accessible to the public or not.
    And if on private property, of course you need permission, although a couple years ago one of my nephews actually argued and won an arcane US Supreme Court case involving access of relatives or descendants to ancestral grave plots on what later became private property; but that species of access, now affirmed nationally, does not apply to the general public.

    I recently transferred my ownership of a little family pioneer cemetery, the oldest cemetery in Oregon, to the next generation. Looters were the problem there. But now it's maintained by the State as a registered historical site, with visitors and photographers officially welcome. Unfortunately, it's not so photogenic anymore - there's a big commercialized pot farming warehouse across the fence these days.

    But I've never even heard of a cemetery that outright banned photography. Sure, if it's one still in active commercial operation, mortuary n' all, I'd ask in advance. But those are rarely photogenic. I'm not a cemetery hunter by any means, but have certainly photographed my share of headstones and graveyard scenery. Never an issue, not even once.

  7. #7
    Foamer
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    Re: Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

    I do it often, and even with wet plate. But, I live in a very rural area where things are pretty laid back.


    Kent in SD
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  8. #8
    (Shrek)
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    Re: Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

    Human rights, including privacy rights, generally do not outlive the person.

  9. #9
    Tin Can's Avatar
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    Re: Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

    Corporations are forever people

    Mickey Mouse wins!
    Tin Can

  10. #10
    Drew Wiley
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    Re: Is it Legally Permissible to Photograph Modern Headstones in a Cemetery?

    There's no shortage of grave markers. One more generation away, and there will be a few billion more added to the planet.

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