Do you need permission to take photos?

Started by Justin Swanstrom (taking a break) on Thursday, October 25, 2012


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10/25/2012 at 9:50 PM

Do you need permission to take photos in a cemetery?

Here's an interesting article from The Legal Genealogist

Short answer: "The answer to this question is really basic, but it’s one that just about every genealogist — including The Legal Genealogist — tends to forget. It’s the law of property rights."

10/25/2012 at 10:56 PM

Thank you, Justin. This is important to know.

Private User
10/26/2012 at 2:16 AM

FRED BERGMAN, do you happen to know about the jurisdiction about this topic in the Netherlands?

10/26/2012 at 2:40 AM

In the Netherlands it is free to take photographs on Cemeteries and to publish these. There are a lot of websites with this images, free for everyone, specially for genealogists

Private User
10/26/2012 at 3:24 AM

Maybe it's nice to give some examples of this practice in our country?

* - also to be translated in English by goo..etc.

Private User
10/26/2012 at 3:26 AM

sorry, the last URL is from Belgium, not following the jurisdiction of the Netherlands, for that is another European countries with it's own laws and rules, ofcourse. Maybe Wouter De Boeck knows more about how they manage this issue in his country?

Private User
10/26/2012 at 3:56 AM

If a cemetery is a public place, and I doubt that anyone can stop you from taking photos.
What you usually cannot do is to use photos taken by others even if they are published on a website.

Private User
10/26/2012 at 4:19 AM

Here it's also said that even if some-one make a picture of you in public, he/she is not automatically autorized to publsh it in a officially published document of on a internet-site. It's juridically spoken: portret-recht.
Not only royal families do need this approach, also people in court are protected against paperazzi and only someone who makes 'sketches' by hand is autorized to do so at the place where the judge and the advocates and OM -don't know the word in english- have there conversations about the case.

10/26/2012 at 7:52 AM

No problem in Belgium. You can take pictures and publish them. There are several projects which are even supported by the goverment.
Example: or

Private User
10/26/2012 at 8:08 AM

-jMu- taking pictures of people and publishing them are of course more restricted.

Private User
10/26/2012 at 8:43 AM

yes, but I was curious to know more about the rules in other countries too. As a publisher I am rather aware of this kind of responsabilities...

10/29/2012 at 1:32 PM

The website http://FindAGrave also has a lot of discussion and FAQ's about this topic.

5/10/2016 at 7:25 AM

For more on legal aspects of copying FindAGrave photos, this may be helpful:

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