Quick question - legal?

[misspinky]

My friend want some "gothic-y" pin up photos doing for her portfolio (and mine) and she was thinking in a graveyard near me - is this allowed? I know it's legal to take general photos in graveyards and such, but I dunno about a fashion shoot...

Any ideas? Thanks x

[Tito87]

Originally Posted by misspinky

My friend want some "gothic-y" pin up photos doing for her portfolio (and mine) and she was thinking in a graveyard near me - is this allowed? I know it's legal to take general photos in graveyards and such, but I dunno about a fashion shoot...

Any ideas? Thanks x

I think if you ask for permission, it will be allowed.

[jdepould]

Originally Posted by misspinky

My friend want some "gothic-y" pin up photos doing for her portfolio (and mine) and she was thinking in a graveyard near me - is this allowed? I know it's legal to take general photos in graveyards and such, but I dunno about a fashion shoot...

Any ideas? Thanks x

Generally speaking, publicly accessible areas (including graveyards) are fair game as long as they don't have signs restricting photography. A commercial shoot generally requires permits and/or owner permission, depending on the location.

A simple portrait shoot isn't a commercial shoot, but given the "pin-up" nature of the images, the property owners will probably take issue with your doing it in their graveyard. If there are no signs, and nobody stops you, then you haven't done anything wrong. I wouldn't be surprised if someone stopped you though.

[mshockley]

I'd try to ask permission, and would not recommend a location with a church on the grounds Given the desire for a "gothic pin-up type of photo" this will surely not go over well.

Obviously change the shoot in the event there is a funeral or other people visiting a deceased loved one's burial site.....

We have some graveyards that honestly are little things out in the middle of nowhere on country gravel roads! That's the one you need to find......

It sounds like if you can work this out you've potential for some great images.

[sk66]

Originally Posted by mshockley

I'd try to ask permission, and would not recommend a location with a church on the grounds Given the desire for a "gothic pin-up type of photo" this will surely not go over well.

Obviously change the shoot in the event there is a funeral or other people visiting a deceased loved one's burial site.....

We have some graveyards that honestly are little things out in the middle of nowhere on country gravel roads! That's the one you need to find......

It sounds like if you can work this out you've potential for some great images.

Actually, most graveyards are private property. Depending on what you were going to do with the pictures a "property release" (similar to a model release) could be required.

I think it could be easy enough to arrange, and in your best interest to do so.

[Doug Sundseth]

The real answer is that if you want legal advice, talk to a lawyer (solicitor in the UK, I believe) that is licensed to practice in your area. All most of us can do is give a lay understanding of the local laws, which vary greatly.

In the US (generally, at least), it is my lay understanding that if the area is publicly accessible and the landowner hasn't specified any use restrictions, you can shoot what you want (so long as you're not breaking any laws) and use the photos as you choose. (There can be exceptions for commercial uses that would imply the endorsement of the property owner.)

Note that the owner or his agent can withdraw permission at any time just by telling you to stop. Continuing after that would be trespassing but photos already taken would be unencumbered.

[misspinky]

Thanks guys

It's kind of a weird place, there is what I can only describe as a church on site but it's all boarded up so I'm preeetty sure it never gets used... I know there are some new graves put in every so often but I have no idea when so I'll look into all you have said.

[sk66]

I just found out that if you are photographing a model at a national park it requires a permit.(USA)
Wow!

[gturner]

Originally Posted by sk66

I just found out that if you are photographing a model at a national park it requires a permit.(USA)
Wow!

That is pretty bog standard around the world for commercial gigs

[UlpilotSC]

Depends on state law too... In my state you can only go to graveyards as part of a "solumn service" or to visit a grave. Sort of limiting, but it does prevent those church nazi protesters. I think the problems come when you make a spectacle of yourself. If you were to go to an old abandoned graveyard in the middle of nowhere it would probably not raise any issues. There are a few around me that haven't been used since the cival war.
There were some geocachers a few years ago posting photos online of them sitting caches and other things on graves. The lawmakers in my state wanted to make laws against caches in graveyards. Turns out a law was on the books already.