Gail Moore wrote:
> ... where I live there are several papers
> that come in or are housed here (have offices)
> Sometimes when someone dies or is born all of these run the exact same
> notice.
> Now I must ask, who gave them permission in the first place.
> I mean the dead person did not but yet it is about them and contains
> personal information.  the Newborn did not as we all know they can't even
> speak yet.    ....[snipped]....


Dead people have no rights and their permission isn't required.  Only the living
have rights.  Most people don't write their own obituaries.  The copyright, if
one exists, would belong to either a living person or to an organization. 
Whoever wrote it would own the copyright, if one exists.  In the rare case where
it was written by the deceased, the copyright, if one exists, would probably be
part of the deceased person's estate.  

It isn't unusual that identical obituaries are published in various newspapers. 
The obituaries are usually sent to the newspapers by the funeral home.  Birth
announcements are probably sent by the hospital.  One copy is sent to all the
news media for publication.  Obituaries, birth notices, and other news releases
are usually handled that way.  One identical copy sent to all the media.  So, it
is not unexpected that the identical copy is printed in several newspapers. 
Sending the notices to the newspaper for publication grants the newspaper the
right to copy and publish it.  But, it doesn't necessarily grant others the
right to copy or distribute it.

As for the newborn not granting permission for publication.  I don't think a
newborn's permission is required and I don't think they have the right, or
ability, to give permission.  Until they are of age to grant such permissions,
their parents or guardians have the right to grant permission for them.  A
person isn't born with all the myriad rights they may have during their life. 
Many rights are attained or earned as a person matures.  And all of them are
lost with death.

Here are a few rights which newborns don't have but may attain with age.

The right to privacy.
The right to work.
The right to mate.
The right to marry.
The right to vote.
The right to drive a car.
The right to travel alone.
The right to make contracts.

Simple birth and death announcements which merely state basic facts probably are
not copyright protected.  There needs to be an element of original creativity to
generate a copyright.  For example, an obituary which contains an original poem
would be copyright protected.

IMHO

Steve Coker
[email protected]

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