Is it illegal?

[ImageArray]

I was just surfing the net and came across a few sites / posts of people saying it's illegal to shoot in a cemetery. Is this true? I was planning on going to my local cemetery tomorrow as they have some BEAUTIFUL tree lines and with it being fall, all the colors are changing on the trees. I dont care about the tombstones. I just want to shoot their tree lines lol. But from what I've read, some people were getting in trouble for being in the cemetery with a camera. I dont want to get in trouble for taking pictures of some trees. Can anyone shed any light on this?

 

[icassell]

I would imagine that it is local ordinance that would restrict this. I've shot in cemeteries frequently.


http://www.thephotoforum.com/forum/photo-themes/4035-graveyards-graves.html

 

[Overread]

cemeteries are (as far as I know) almost all private property of the church in question - so whilst they might have public access they are still private land. This gets to be a sticky area with photography and the general "rule" is that most places won't care if your taking snaps with a point and shoot - but as soon as you "look pro" they might object or ask that you seek special permissions first.

If you want to shoot hassle free best thing you can do is contact the church and ask them direct if you can or cannot come to take photos.

ps you'd be amazed of the illegal places photographers get to - just look at the abandoned building lot and a great many will be without permission (mostly because no one who owns a building that is abandoned and slowly falling down will give entrance permission because of the chance of an accident and being sued right after)

 

[Phranquey]

Well, in the case of private property, you can shoot there until the owner tells you to stop.... of course you may still get hit with trespassing charges. Though I doubt it. Worst that would likely happen is they ask you to leave.

A lot of cemeteries are on public property as well. My wife & I do some occasional geocaching, and it's a great way to find obscure, out of the way cemeteries to shoot.

EDIT:

Here are some photos from geocaching finds....

This was just a single stone out in the middle of a field. "Man found dead in 1880"

Old family cemetery from the early 1880's

Following two are from an old prison cemetery. All of these stones are only marked with #'s and "1918".... the Influenza Pandemic.

 

[ImageArray]

Well, in the case of private property, you can shoot there until the owner tells you to stop.... of course you may still get hit with trespassing charges.

A lot of cemeteries are on public property as well. My wife & I do some occasional geocaching, and it's a great way to find obscure, out of the way cemeteries to shoot.

Well I live in a very very small town of about 2,000 people. My town is only about 10 blocks long and we are in the middle of no where. Within those 10 blocks we have 2 cemeteries and (I kid you not) at least 8 churches. There is like 1 church for every street lol.

I think maybe I'll take my chances with the trespassing charges lol. If there is a funeral taking place then I won't enter the cemetery - but if not - I'll see it as fair game. :lmao::lmao:

A good friend of mine does Geocaching. He loves it. Is it really that fun?? I guess it's doubles as a great opportunity for some cool shots (ie. Man found dead 1880). I've often wondered about it, my friend talks about it, even tried to get my oldest son involved.

Around here I don't think anyone would complain... I'll let you know tomorrow if I have a court hearing or not lol.

 

[Derrel]

The internet is great source to find and to spread B.S. rumors...it might be the single largest source of uninformed legal experts in the world...

 

[icassell]

The internet is great source to find and to spread B.S. rumors...it might be the single largest source of uninformed legal experts in the world...

:thumbup:

... as well as uninformed experts in everything else.

 

[ImageArray]

The internet is great source to find and to spread B.S. rumors...it might be the single largest source of uninformed legal experts in the world...

:thumbup: I hear that!!! Just wanted to see if there was any truth to it. You never can tell these days!

 

[Phranquey]

The internet is great source to find and to spread B.S. rumors...it might be the single largest source of uninformed legal experts in the world...

But, but, but...... it's the internet.... it MUST be true. :mrgreen:

 

[manaheim]

I don't know if it's illegal, but if it is, I'm SCREEEEEEEEWWWWWWWWWEDDDD since I pretty much lurk around cemeteries with cameras constantly.

I'm not a lawyer nor do I play one on TV, but given the hundreds of hours I've spent doing this, I'd say you're fairly safe... if someone authoritative asks you to leave, do... but generally I rarely even see anyone... let alone anyone talking to me.

 

[rmpbklyn]

I don't know of any laws, but then again I'm in NY.
I did shoot in a cemetery, however, it's considered a historical landmark - Green-wood . so I advise check with the individual cemetry, give a the office a call.

However, I would literally tread lightly and quietly in the area. and not step on anywhere other than the path or road. Take a zoom len.

I did not take picture of the tombs with names, out of respect people don't want their loves names about..... I also would not advise to say.... wear articles of clothing that would be offensive to those visiting their families .

I focused on the sculptures and the natural area like their pond.

Do not go off hours, it maybe considered trespassing.

 

[crimbfighter]

The internet is great source to find and to spread B.S. rumors...it might be the single largest source of uninformed legal experts in the world...

+1 :thumbup:

I can't speak for Canada, but I'm guessing it's pretty close to the US. Most places in the US, in order to get charged or cited with trespassing, you usually have to be warned first. Either by a posted sign, written warning or verbally by the property owner or the police. I would suggest attempting to contact the owner (either the church or if it's a privately owned cemetery the who ever owns it). If you can't find the owners, then at least take the time to walk around first and make sure there are no signs posted indicating no trespassing. If there are no signs, then at that point, you should be fine. It goes a long way for you if you can show that you made all those efforts first, before just shooting away.

Just keep in mind if you are asked to stop, stop right away. And, if you took any photos while standing on their property, and they ask you not to use them for anything, respect their wishes or they could try to hold you civilly liable. Any photos you took of the cemetery while standing on public property, though, are yours to keep no matter what. But, the more respectful you are, the more likely you are to preserve a relationship that allows you to come back.

 

[ann]

i shoot in cemetaries all the time, all over the world, and have been asked to leave once, and that had to do with using a tripod. I could take anything and everything but only with a hand held camera.

tripods =commerical work for many people , which means profit * or so it seems in the minds of many people*

never heard of or read a law like this.

I do believe it is important to be respectful and don't walk on the graves themselves or leave behind trash, that sort of thing.

 

[manaheim]

Yeesh.

Just grab a camera and go. Be respectful. Don't urinate on any gravestones. If someone authoritative asks you to leave... leave. You'll be fine.

I have probably been in over 200 cemteries over the past three years. The most exciting thing that ever happened was some woman walking the cemetery look at me with my umbrella stand and camera and such as if to say "what the HELL are you doing?". I thought pretty much the same of her walking the cemetery at 6:15 AM with giant pink fuzzy slippers, a bright purple bathrobe and curlers in her hair.