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 am unable to find a state statute prohibiting taking photographs in cemeteries in North Carolina. It is possible it is a matter of local ordinances, so I suggest calling the city hall where the cemetery is located.
Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. It encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information. A non-public individual has a right to privacy from: a) intrusion on one's solitude or into one's private affairs; b) public disclosure of embarrassing private information; c) publicity which puts him/her in a false light to the public; d) appropriation of one's name or picture for personal or commercial advantage.
The tort of appropriation involves the appropriation of a person's name or likeness for the defendant's economic benefit. This branch of invasion of privacy law recognizes an individual's right to privacy from commercial exploitation. It emphasizes a person's property right to exploit his or her own name or image for his or her own economic benefit. This type of privacy right is often described as an interference with the "right of publicity." The right of publicity recognizes the individual's right to regulate and obtain the benefits from the commercial exploitation of his name, likeness, identifying characteristics, and performances. Exceptions, among others, include when the information is disseminated as part of newsworthy events or matters of public interest, or consent to publicity.
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.
