This appeared on the Oregon Co, MO history site. I thought it might be of interest on this list also. Catherine > As an effort to catch up on some things, I found the cemetery photo > message board [yes, there is such a thing.]. Apparently a researcher > had asked someone at a cemetery about taking pictures, and was bawled > out by the person telling them that it was a violation of copyrights > if the picture taker was not a family member. As you know, many many > many cemeteries, tombstones pics, etc., are online and are a big help > to those of us who live far away. There is quite a discussion on that > message board [one answer was that "only the recently departed could > sue"... I had a good laugh on that one... Anyway, here is the final > answer that was posted, should you ever come across someplace who > tries to use copyright law as the reason why you can't take a pic of a > tombstone:' Nolo is a really good consumer law website) > > "Thank you for contacting Nolo. There should not be any violation of > the law to photograph and reproduce a typical head stone. Arguably, > an ornate head stone may be copyrightable but the copyright would > likely be owned by the gravestone maker, not the family or caretakers > of the graveyard. Chances are you won't have to worry about this issue. > > The text on the stones is also not copyrightable since copyright does > not protect short phrases. Finally, it doesn't appear to be a > violation of the right to privacy since dead people don't have such a > right. You probably can't use the photos in an advertisement or > similar commercial purpose as that may trigger right of publicity > issues (but the site does not appear to be that type of use). > > The only law I can think of that you might be violating is trespass if > you walk on private property without permission to take the photos. > Otherwise, the lady at the graveyard was wrong. > > > Sincerely, > > Nolo Customer Service/kdj > 1-800-728-3555 (M-F 7am - 7pm PDT) > cs@nolo.com > Website: http://www.nolo.com > > > > > > > >