Can a cemetery prohibit photos of grave sites due to privacy laws?

Full question:

I take photos of grave sites for others and one cemetery has prohibited photos being taken and says there are privacy laws regarding grave sites and will not allow photos w/o written permission from family members. Is there such a law prohibiting this? The cemetery is open to the public and not gated. I am involved in creating memorials for KIA's from Vietnam and the cemetery office prohibits these photos from being taken. Can they legally do this?

  • Category: Civil Rights
  • Subcategory: Privacy
  • Date:
  • State: North Carolina

Answer:

I couldn't find a state law in North Carolina that prohibits taking photographs in cemeteries. However, local ordinances may apply, so it's a good idea to contact the city hall where the cemetery is located.

Invasion of privacy generally refers to intruding into someone's personal life without justification. This can lead to legal action for damages. Privacy rights cover various aspects, including:

  • Intrusion into one's solitude or private affairs
  • Public disclosure of embarrassing private information
  • Presenting someone in a false light
  • Commercial exploitation of a person's name or likeness

The right of publicity allows individuals to control and benefit from the use of their name or image. Exceptions exist for newsworthy events or with consent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, taking pictures of headstones in public cemeteries is allowed, as they are part of the public domain. However, some cemeteries may have specific rules or policies regarding photography. It's best to check with the cemetery management for any restrictions they may have.