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

Under Recent Policy, Cook County Begins Donating Unclaimed Bodies after 2 Weeks
Cadavers that are left in morgue are given to medical research
Becky Schlikerman, William Lee and Ronnie Reese, Chicago Tribune (October 04, 2011)

Medical Examiner: Families Who Object to Body Donation Can Opt for Burial
Becky Schlikerman, Chicago Tribune (October 05, 2011)

There was a bit of a dead body tug-of-war this week in Chicago. According to an October 4 article in the Chicago Tribune, any dead body left unclaimed for two weeks in the Medical Examiner’s office will be handed over to the Illinois Anatomical Gift Association.

But wait, that’s not totally true.

According to an October 5 article in the Chicago Tribune, the Medical Examiner’s office will not donate any unclaimed body to the Anatomical Gift Association when the ME’s office knows that the next-of-kin cannot afford to have the dead body claimed and the next-of-kin want a burial.

Here is the bigger issue in this story: the overall costs for retrieving a body from a Medical Examiner’s office have become too expensive for many families.

We started covering this situation in 2009, when the Death Reference Desk launched. You can look over all those previous posts in the Death + the Economy section.

More and more county morgues across America are dealing with not only unclaimed dead bodies, but unclaimed dead bodies and families who know exactly where said dead body is located but can’t afford to do anything about it.

As a result, the Cook County story is hardly surprising.

Given the economic difficulties more and more American families face, this story represents not an anomaly but the future.

For more on Medical Examiners and their work, watch the fantastic Frontline documentary Post Mortem: Death Investigation in America

Yes, He Sold Fakes. They Are Supposed to Be Fake.
Jeffrey E. Singer and Corey Kilgannon, The New York Times (August 24, 2011)
Paper imitations of luxury items are traditional at Chinese funerals as gifts for the dead, but a seller of cardboard handbags was arrested on copyright-infringement charges on Tuesday.

Ok ok. So the the Fook On Sing Funeral Supplies store on Mulberry Street wasn’t raided, per se, but one of its workers (Wing Su Mak) was arrested by the New York police for offering to sell cardboard reproductions of high-end consumer goods.

Here is the crux of what happened, as explained in the New York Times article:

A police spokesman on Wednesday would only offer information from the arrest report, including that the worker who was arrested on Tuesday, Wing Sun Mak, was observed offering to sell three handbags “that bore a counterfeit trademark Burberry” and one handbag that bore a fake Louis Vuitton insignia. He was also observed offering for sale four pairs of shoes and two outfits.

Mr. Mak said that a man in street clothes entered the store and seemed particularly interested in the handbags and loafers, obviously cardboard, that have print designs that vaguely resemble Louis Vuitton’s and Gucci’s.

“He asked me, ‘How much is this?’ ” recalled Mr. Mak, pointing to a handbag on display. “I said $20, and he pulled out his badge and said, ‘Are you selling this to me?’ And then he arrested me.”

Fook On Sing Funeral Supplies Laptop. photo by John Troyer in his office

He was held overnight in a local precinct house and then arraigned Wednesday afternoon in Criminal Court at 100 Centre Street, several blocks from the store, before being released.

He was charged with two counts of copyright infringement in the third degree. Jonathan L. Stonbely, a lawyer from Legal Aid assigned to Mr. Mak, said that he was prepared to defend his client against the charges and that he had rejected an offer from prosecutors to allow Mr. Mak to plead guilty to disorderly conduct and pay a $100 fine.

Two things.

1.) The use of cardboard replicas in Chinese funerals, which go in the casket with the deceased and then are incinerated during cremation, is a long-standing funereal custom. And since this is a long-time tradition it means that the objects people want in the casket also change with the times. Ergo, the cardboard Louis Vuitton merchandise.

2.) I have been in the Fook On Sing Funeral Supplies store on Mulberry street and purchased cardboard replicas of items which I proudly display in my office. One of my favorite purchases was the cardboard laptop computer with the Apple computer apple on it.

Please see the above photo.

Come and get me Coppers!!!

The people at Fook On Sing are also really nice and when I visited the store in April 2011, Wing Su Mak took time to explain why people wanted the newer kinds of objects.

So here is what will hopefully happen in the coming days: The NYPD will say sorry for making a mistake and all charges will be dropped. I can only hope that this entire situation becomes the proverbial ‘teachable moment.’

If not, then look out NYPD. You’re going to have the world of Death Studies Scholars leaping to Fook On Sing Funeral Supplies’ legal defense.

And that, my friends, will be no joke.

Death and Budgets
David Brooks, New York Times (July 15, 2011)
Much of the budget mess may stem from a deep cultural antipathy toward recognizing our own mortality.

The Quagmire: How American Medicine is Destroying Itself
Daniel Callahan and Sherwin B. Nuland, The New Republic (July 15, 2011)

Since the American political system (read: mostly the Republican party) seems hell bent on watching the federal government go into default I though that I would revisit a recent column by David Brooks in the New York Times. Earlier in July, Brooks wrote about spending on End-of-Life care and Medicare. For those who don’t understand the idiosyncrasies of the American health care system, Medicare is the medical insurance all US citizens receive at age 65. It’s a good program. Both my parents use it.

One of the financial issues that Medicare faces is that more and more people are living to be older than before. Well into their 80s. The extension of age, by itself, isn’t an issue. Where the problems begin are with medical costs soaring in the last few months of life.

The second article at the top, by Daniel Callahan and Sherwin B. Nuland (which Brooks references), explains the costs this way:

In a 2006 article, Harvard economist David Cutler and colleagues wrote, “Analyses focused on spending and on the increase in life expectancy beginning at 65 years of age showed that the incremental cost of an additional year of life rose from $46,800 in the 1970s to $145,000 in the 1990s. … If this trend continues in the elderly, the cost-effectiveness of medical care will continue to decrease at older ages.” Emory professor Kenneth Thorpe and colleagues, summing up some Medicare data, note that “more than half of beneficiaries are treated for five or more chronic conditions each year.” Among the elderly, the struggle against disease has begun to look like the trench warfare of World War I: little real progress in taking enemy territory but enormous economic and human cost in trying to do so.

One of the most important ways to address these cost issues is by talking about death and dying. The crux of David Brooks article is that:

…we think the budget mess is a squabble between partisans in Washington. But in large measure it’s about our inability to face death and our willingness as a nation to spend whatever it takes to push it just slightly over the horizon.

I agree. Callahan and Nuland also make a similar argument. Indeed, the Death Reference Desk ran a piece in August 2009 on exactly this issue: America and End-of-Life Care: Death, Dying, and Mortality.

In fact, most of the death with dignity posts on Death Ref deal with the question of death acceptance in one way or another.

So, what’s to be done. Until the US budget issues are sorted, not much. The first step, which isn’t easy by any means, is telling people that death is ok. Especially at the end of life, when compassionate care will go a long ways towards extending quality of life instead of fixating on the quantity of days.

Callahan and Nulland make a quick reference to the “…war against death” in their essay.

They are absolutely correct. A war is being fought against death, particularly in America.

And we modern humans will lose that war. Every single time.

Arlington Cemetery’s Mishandling of Remains Prompts FBI Criminal Probe
Jerry Markon and Christian Davenport, The Washington Post (June 29, 2011)
The Justice Department is investigating the mishandling of remains at Arlington National Cemetery in a broad criminal inquiry that is also seeking evidence of possible contracting fraud and falsification of records, people familiar with the investigation said Tuesday

I have no idea who is going to make the documentary film about the rise and fall of Arlington National Cemetery but it is going to be a long and complicated movie. Twists and turns will emerge from nowhere and then suddenly it will turn out that the FBI was investigating the whole situation.

At this point, nothing which emerges from the ongoing and unstoppable Arlington cemetery train wreck surprises me. Nothing. The Washington Post has been singlehandedly leading the charge on this case and today’s story is a doozy:

The Justice Department is investigating the mishandling of remains at Arlington National Cemetery in a broad criminal inquiry that is also seeking evidence of possible contracting fraud and falsification of records, people familiar with the investigation said Tuesday.

A federal grand jury in Alexandria has been subpoenaing witnesses and records relating to the scandal at the nation’s most venerated military burial ground, sources said. The investigation, conducted by the FBI and the Army’s Criminal Investigation Command, has been underway for at least six months, according to sources who spoke on the condition of anonymity because they were not authorized to speak publicly.

The Justice Department’s investigation significantly escalates the level of scrutiny faced by the cemetery, and the probe joins several ongoing inquiries by Congress, which last year passed a law mandating that the cemetery verify that remains are properly accounted for at every one of its 330,000 graves. The law also requires the Government Accountability Office to look into the cemetery’s contract management procedures, and whether the Army run cemetery should be turned over to the Department of Veterans Affairs, which oversees 131 national cemeteries.

So now we have FBI Agents, a federal grand jury handing out subpoenas, and increasingly obvious cases of multi-million dollar fraud.

Here’s the rub: it’s only going to get worse. That’s my guess after following this case since day one.

You can read all the previous Arlington Cemetery posts here.

The Death Reference Desk will of course follow this case until the end.

Terry Pratchett: Choosing to Die
BBC iPlayer (only available until 9:59PM Monday, June 20, 2011)

Terry Pratchett’s BBC Documentary Reopens Debate on Assisted Dying
Fantasy writer’s film shows final moments of a man with motor neurone disease at Dignitas clinic in Switzerland
Esther Addley, The Guardian (June 07, 2011)

Terry Pratchett Defends Choosing to Die Documentary from Critics
Critics round on writer and BBC for promoting assisted dying in film that included footage of man’s death at Dignitas clinic
Haroon Siddique, The Guardian (June 14, 2011)

TV Review: Terry Pratchett: Choosing to Die
When life is finally squeezed of all its juice, Terry Pratchett finds there’s tea on tap
Sam Wollaston, The Guardian (June 13, 2011)

I cried and cried towards the end of Terry Pratchett’s documentary on Assisted Dying. My tears arrived not at the end of the documentary, where Pratchett watches UK citizen Peter Smedley die in Switzerland at the Dignitas Clinic. Rather, I began to cry when the various individuals involved in this documentary started traveling to Switzerland. I can only explain my emotional response as tears of respect for Peter Smedley and his wife as he chose death over a physical life increasingly controlled by motor neurone disease.

The documentary, Terry Pratchett: Choosing to Die, was shown on BBC 2 Monday night and it created a week’s worth of commentary. Most of it predictably either for or against everything in the documentary.

I do not know what to say any longer about the UK’s debate on Assisted Dying. Indeed, the Death Reference Desk has a number of pieces on Assisted Dying debates in both the UK and the United States. You can review all of those previous posts here. It’s worth noting, I think, that when Death Ref started in July 2009 some of the first posts were on the UK’s Assisted Dying debates.

Some pieces of that debate have changed but not significantly. The only anti-Assisted Dying argument that I will flag up as incorrect is the assertion that the deaths which people choose somehow diminish the value of hospice care. That is not true. Many many people choose hospice care at the End-of-Life and I wholeheartedly support that choice. But hospice care and End-of-Life care are different than choosing an Assisted Death. These things are related but they are not co-terminus. Advocates for both hospice care and assisted death often find themselves in televised debates but these same individuals are involved in entirely different kinds of conversations.

Most importantly, neither ‘side’ will ever agree. They just won’t. The best that anyone can work towards, I think, is a well regulated, extremely stringent law which both increases funding for hospice care and allows Assisted Dying. The model law is Oregon’s Death with Dignity Act.

Every year, the state of Oregon publishes an array of statistics which explain how the law was used the previous year. Here is the 2010 statistic that I think most people would benefit from knowing:

Most (96.9%) patients died at home; and most (92.6%) were enrolled in hospice care at time of death.

In fact, you can read all of the 2010 statistics here.

If you are in the UK, then you can still watch the documentary until Monday night for free on the BBC iPlayer.

If you are in the United States then I would suggest that you watch the Frontline documentary The Suicide Tourist. I discussed that documentary earlier this year and it is extremely good. It also follows a person to Dignitas who chooses to die.

Barring either of these options, I have embedded a short clip from Terry Pratchett’s documentary.

Rest assured, these conversations about Assisted Dying in the UK will continue.

Life After Kevorkian
He fought for the right to assisted suicide. Now what should we do with it?
William Saletan, Slate (June 3, 2011)

I am a member of the Kevorkian generation. Those of us in our mid-to-late thirties and onwards into our forties are usually called Generation X (for those who still remember the 1990s…) but I really think that we are Kevorkian’s kids.

Jack Kevorkian, who died last week, began assisting suicides in 1990. As soon as he started this work, debates began about the legality and ethics of assisted dying. I have distinct memories of these debates, which started during my high school years and carried on into college.

I and my peers came of age and entered adulthood surrounded by End-of-Life debates. Most people have mixed feelings about what Kevorkian did but at least he made people talk about death and dying. And those conversations have had an impact over the years.

So say what you will about Jack Kevorkian but he really contributed to a debate that informed an entire generation’s future. And as we all begin looking towards the End-of-Life for our own parents, I know that Jack Kevorkian’s influence will be felt.

The Slate article by William Saletan at the top is the best essay/article that I found after Kevorkian died.

Here is how Saletan concluded his piece and I wholeheartedly agreed with him point by point:

Kevorkian didn’t have the answers. But he raised the right questions. We can’t criticize his flaws, temper his ideas, and praise the hospice movement without acknowledging what he did. He forced an open conversation about the right to take your own life. Under what conditions, and within what limits, should that right be exercised? Even if it’s legal, is it moral? What do you do when a loved one wants to die? Kevorkian didn’t take those questions with him. He has left them to us.

The obituaries in both the Washington Post and the New York Times were also good.

What struck me most about Kevorkian’s death was how he died in the middle of a debate that he, alone, significantly pushed along.

This is also a debate that will most assuredly continue without him.

In mid-May, for example, large majorities of voters in Switzerland re-affirmed the right of individuals to choose an assisted death. The Swiss voters also (and more significantly) voted against proposals to ban citizens from other nations from using the Dignitas clinic, for example, to die.

Just this past week, the Personal Health columnist for the New York Times, Jane Brody, wrote a compelling column about New York Doctors who are not comfortable discussing End-of-Life decisions with their patients. Doctors in the state of New York are now required by law to discuss End-of-Life planning and some MD’s do not want to do it. The copy title for Brody’s column sums up the situation: Law on End-of-Life Care Rankles Doctors

And then last weekend, WNYC’s radio program On the Media ran a story on how the ‘Death Panels’ allegation used by opponents to President Obama’s health care law received press coverage which seemed to validate the absurdity of that claim.

I could go on and on with the examples. Indeed, a version of each of these stories has been previously covered by Meg, Kim, and myself since the Death Reference Desk began in 2009.

Here, then, is my point: Jack Kevorkian got an entire generation of young people, now in their mid-to-late thirties and soon to be in their late forties, thinking about dying, and in such a way that I can only hope it helps End-of-Life conversations with aging parents and elderly grandparents.

Jack Kevorkian didn’t inspire my generation, per se, but he played a much bigger role in our development than most people realize.

I will wrap everything up with a video obituary by the NewsHour on Public Television.

PBS NewsHour: Jack Kevorkian, Doctor who Brought Assisted Suicide to National Spotlight, Dies

Watch the full episode. See more PBS NewsHour.

Watery Grave, Murky Law
Leor Halevi, New York Times (May 08, 2011)
Osama bin Laden’s burial at sea and the history of Shariah.

Bin Laden Exits the Scene
On the Media, WNYC and National Public Radio (May 06, 2011)

It has been one week since President Obama announced that Osama Bin Laden was dead. I happened to be in New York City when the announcement was made so I immediately began taking stock of the entire situation. Within the annals of infamous dead bodies (Eva Peron, Hitler, Che Guevara, Mao, Lenin, etc.) Bin Laden’s corpse is an important specter for twenty-first century human history. I began collecting news articles on what exactly happened to Bin Laden’s dead body since I knew that controversy was sure to follow.

My first inkling that something was askew came on Monday morning when National Public Radio reported that Bin Laden received a sea burial with full Muslim funeral rites. I’m not a Muslim burial rites specialist but at no time have I ever read about a Muslim burial at sea. The Death Reference Desk has certainly covered contemporary (mostly American) Muslim burial practices and you can read that information here. But even the most contemporary, American Muslim traditions still hew to much older Islamic funeral traditions.

Over the course of last week much back and forth ensued over what exactly happened to Bin Laden’s dead body and how, if at all, it conformed to Islamic funeral practices. Slate.com’s Explainer column posted one of the first good pieces on the entire concept: Bin Laden Sleeps With the Fishes. Central to what occurred was a choice by US Government Officials (I can only assume that this starts with President Obama) that burying Bin Laden anywhere would be problematic. This is a point that many people discussed so I won’t belabor it.

There is one place, however, that I imagine could be used for a “proper” burial and that is Guantanamo Bay. But even mentioning that scenario would create global havoc. That said, I bet money that Gitmo got mentioned by someone and then quickly passed over.

As a result, Osama Bin Laden’s dead body got put in the ocean because the United States wanted to get rid of it. I don’t think that the narrative is much more complicated than that. The use of Muslim funeral rites are nice but what happened to Bin Laden’s body was not a particularly Muslim burial.

Here’s the rub: that might not be a problem. In Sunday’s New York Times, Vanderbilt University history professor Leor Halevi wrote an a particularly good op/ed piece on this very topic. The link is at the top of the page. Halevi’s article is the best that I have come across to date.

Since not everyone can use the Times anymore, here is the most interesting section:

….Bin Laden’s religious status is a matter of contention among Muslims. On one end of the spectrum are Muslims who consider him an outsider to Islam: if not quite an apostate, a terrorist whose right to an official Muslim prayer is debatable at best. (In 2005 the Islamic Commission of Spain essentially excommunicated Bin Laden, arguing that he should not be treated as a Muslim.) They must find it as perplexing as I do that the United States government granted the man it identified not as a Muslim, but as a “mass murderer of Muslims,” the dubious honor of a quasi-Islamic funeral.

On the other end are Muslims who believe that Bin Laden is now enjoying the blessings of martyrdom. From a theological perspective, it matters little to them how Americans on the aircraft carrier Carl Vinson disposed of the corpse.

Which is all to say that Bin Laden’s burial was doctrinally irrelevant to some Muslims, and confusing to others. Most of the rest feel uneasy. Perhaps the United States could not have avoided that. But a deeper understanding of the history of Islam’s sacred law could have prevented us from seeming so at sea.

Here is what I know for sure: by the middle of this coming week everyone in America will be talking about something else and that over time conversations will come and go, mostly amongst academics, on whether or not Osama Bin Laden got a proper funeral.

The more immediate political question focuses on whether or not the photo(s) of Bin Laden’s dead body should be released. This question, too, will go away by the middle of the week. The photos were not released now but they will surface in the future. How soon is an open question but we will eventually see the images.

The On The Media program at the top has several good radio segments on Bin Laden, his dead body, and the future of his memory.

I have a hunch that Meg, Kim, and I will be discussing Osama Bin Laden’s dead body again in the near future since America has a long history of dealing with the infamous dead and in ways that keep those infamous dead bodies very much alive.