Who Owns You Image After You Die?
On the Media (January 13, 2012)
Really interesting radio story by WNYC’s On the Media programme on what happens to an individual’s ‘image’ after he or she dies.
Here is the set-up:
A Chinese toy maker is set to release a Steve Jobs action figure next month, but Apple is hoping to halt the sales of the doll by threatening legal action against the manufacturer. Apple successfully stopped a similar doll from being sold back in 2010, but the rules this time around might be different. Brooke speaks to paidcontent.org legal writer Jeff Roberts, who says the rules protecting personality rights don’t carry on after death in most places.
Add these concerns to the long list of postmortem digital media ownership rights. It also turns out that each state across America has different laws for handling these situations. The main interviewee for the story, Jeff Roberts, does a good job explaining how the state-by-state laws work.
Keep an eye on this story. As more and more of everything shifts to a digital format then the very idea of an ‘owned image’ will be challenged.
Indeed, it’s a situation Steve Jobs helped create.
Texas Prisoner Burials Are a Gentle Touch in a Punitive System
Manny Fernandez, New York Times (January 05, 2012)
At a cemetery in Texas, murderers and other convicts whose bodies are unclaimed can be interred and, for a few moments, remembered.
A really interesting article on the cemetery used by Texas prison officials for unclaimed bodies. These are the unclaimed dead bodies of convicted prisoners.
I found this section towards the end of the article most compelling.
The state’s prison agency, the Texas Department of Criminal Justice, has been the steward of the cemetery since the first inmates were buried there in the mid-1800s, maintaining and operating it in recent decades as carefully and respectfully as any religious institution might.
An inmate crew from the nearby Walls Unit prison cleans the grounds, mows the grass and trims trees four days per week. The inmates dig the graves with a backhoe and shovels, serve as pallbearers and chisel the names on the headstones by hand using metal stencils and black paint. The cemetery was named for an assistant warden at the Walls Unit who helped clean and restore the graveyard in the 1960s, and even today, the warden or one of his deputies attends every burial.
“It’s important, because they’re people still,” said the warden, James Jones. “Of course they committed a crime and they have to do their time, and unfortunately they end up dying while they’re in prison, but they’re still human beings.”
In a state known for being tough on criminals, where officials recently eliminated last-meal requests on death row, the Byrd cemetery has been a little-known counterpoint to the mythology of the Texas penal system. One mile from the Walls Unit, which houses the state’s execution chamber, about 100 inmates are buried each year in ceremonies for which the state spends considerable time and money. Each burial costs Texas about $2,000. Often, as in Mr. Davis’s case, none of the deceased’s relatives attend, and the only people present are prison officials and the inmate workers.
Though all of those buried here were unclaimed by relatives, many family members fail to claim the bodies because they cannot afford burial expenses and want the prison agency to pay the costs instead. The same relatives who declined to claim the body will then travel to Huntsville to attend the state-paid services at the cemetery.
Time and time again, the Death Reference Desk has come across the cost issue. You can see all of those posts in the Death + the Economy section.
The Texas prisoner cemetery also reminds me of the post on Hart Island, where New York’s unclaimed dead bodies are buried.
I’d like to create an entire map of all unclaimed dead body cemeteries/repositories around the world. Welcome to 2012′s big project.
Free Funerals for Drunk Drivers
Jerry Carnes, 11Alive (December 29, 2009)
Note from the Death Reference Desk: This is one of our favorite past NYE posts. Unfortunately, the McGuire, Jennings and Miller Funeral Home in Rome, GA is no longer offering this deal. Too bad, really. Happy New Year to one and all!
A public awareness campaign for drunk driving meets cheeky morbidity in Rome, Georgia. Here citizens can sign a contract at McGuire, Jennings and Miller Funeral Home stating they intend to drive after drinking or doing drugs on New Year’s Eve. Those who die will receive a free funeral, including a casket, grave site, body preparation and limousine (and perhaps a pre-revelry visit from the police?).
Unfortunately the offer is not extended to those killed by impaired drivers — nor has anyone taken them up on the offer. We guess it’s the thought (and publicity) that counts.
Have a happy and safe New Year’s, everybody!
<3 Death Ref
In Tough Times, a Boom in Cremations as a Way to Save Money
Kevin Sack, The New York Times (December 09, 2011)
If current American trends hold, in 2017, more bodies will be cremated than buried, and funeral directors say the cost is a major factor in the decision.
When the Death Reference Desk started in July 2009, we immediately began discussing death, dying, the dead body and the economy. You can read all of those posts in the Death + the Economy section. I mention these pieces on the postmortem economy (for lack of a better term) since most of the articles tell, and then eventually re-tell, the same story. The New York Times, as one example, has repeatedly run articles with the same basic lead: overall funeral costs have gotten so high that many Americans are choosing cremation instead of burial to save money.
Here is a key section from the above article:
All but taboo in the United States 50 years ago, cremation is now chosen over burial in 41 percent of American deaths, up from 15 percent in 1985, according to the Cremation Association of North America. Economics is clearly one of the factors driving that change.
The percentage of bodies that are cremated has risen steadily for years, for reasons ranging from spiritual to environmental. But a recent study shows that the increase has accelerated during the downturn, and many funeral home directors say they believe the economy is leading people to look for less expensive options.
The disposition of Ms. Kelly’s remains cost about $1,600, and that total included a death notice, a death certificate and an urn bought online. It was a fraction of the $10,000 to $16,000 that is typically spent on a traditional funeral and burial.
The wider socio-economic picture is more complicated but on the whole this analysis is correct. What makes this particular New York Times article slightly different than its progenitors is the focus on how different communities make funeral choices based on costs. The article discusses how African-Americans in parts of Virginia historically resisted cremation since it suggested poverty. There are some significant religious reasons involved too, i.e., a long tradition of the Black Church funeral complete with a burial.
The shift towards cremation for American funerals will not change. Indeed, it appears that more Americans than not will be choosing cremation in the very near future.