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Nude and legal photography question


10 years 1 month ago #365015 by Andrew AG
I have a client that has offered me 4.5x my normal rate plus and travel expenses to take photographs of her nude on Ellis Island and other rather visible trademarks around NYC.  Her and her husband are coming up on their 10 year anniversary and she wants to surprise him with a calendar with 12 different photos of her standing nude in front of (Statue of Liberty), on top of (bridge, buildings, etc.), in the middle of (Time Square, Financial District, Central Park, Walking across street, etc.).  My original answer was no, but then she offered 4.5x my rate, plus travel expenses covered.  So I'm thinking about it.  She stated she would be in a trench coat, and when the time was perfect, drop the coat and I would snap the photo.  Then she would put the coat back on.  

So my question is, what legal issues could I face?  Fines?  I don't suppose there is special permission that could be gotten for this (in case this is highly advised to avoid).  

What would you do?  

Thank you for your help.  I appreciate it! 
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10 years 1 month ago #365083 by effron
You should let your mind run wild, just not too wild. America is stupidly paranoid these days. I'd pass, myself.....especially seeing she's married. 
Why so serious?
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10 years 1 month ago #365089 by Hassner
My concern would be not to be paid in the end. Two reasons for a present like that: 
1. They are a "fun" loving couple and that is the sort of thing they do.
2. Things are not that rosy and this is a desperate last attempt.

New Yorkers will have to tel you about the response to public nudity.
My city (Cape Town)is quiet on a Sunday and here it will be possible
to pull it off if one plans it well and can jump out and into the car within one minute.
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10 years 1 month ago #365109 by James L
Wasn't there a photographer who is legal problems for photographing a woman topless on top of Empire State building?  I would tread very carefully on this one. 
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10 years 1 month ago #365125 by garyrhook

James L wrote: Wasn't there a photographer who is legal problems for photographing a woman topless on top of Empire State building?  I would tread very carefully on this one. 


Yes, because he was on private property and taking the photographs without permission.  The folks that own the Empire State Building are suing him, but it hardly seems successful.

As for you, as a photographer, on public property, you might get an associated "public nuisance" citation or similar, should you get caught. My guess is, however, that most folks/observers will roll their eyes and ignore you, or whip out their phones to take a picture or video.

If you like risk, working during off-peak hours seems a good idea, and you could probably get away with it. I'd get enough money up front to cover expenses, and a rock solid release form.
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10 years 1 month ago #365199 by Photo Junky
:agree: sounds like a legal issue if you ask me.
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10 years 1 month ago #365309 by icepics
Probably offering to pay so much because likely having a hard time finding anybody willing to do this. Do you have liability insurance to cover anything that might happen?

I think you'd have to look up these places and find out what agency administers each one and what the policies are for each place; aren't Ellis Island, Central Park etc. part of a state or other park district maybe??

The issue with the photographer taking photos of a model on top of the Empire State building (besides the model's partial nudity in view of other people at that location) was doing that for what may have been commercial/retail use. If he took the photos for his own personal use (printed to hang on his wall at home) that would be different than using the photos to promote/market himself as a photographer. Using the property for commercial/retail work there I think I read has to be scheduled and there may be a cost involved.

Most places limit or restrict conducting business on their property which is what you're doing if you're being paid to take photos. And of course there's the issue of whether or not public nudity is allowed or what may happen if you're observed/photographed doing this if it isn't legal at that location.
Sharon
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10 years 1 month ago #365321 by Jessa Layton
I wouldn't do it
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10 years 1 month ago #365541 by No Show
Andrew, this sounds like a legal landslide 
D300| Nikkor 24-70mm 2.8 | Nikkor 70-200mm VR 2.8 | Nikkor 50mm 1.8 | Nikon 2x Teleconverter | Sigma 105mm 2.8 | Tokina 12-24
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10 years 1 month ago - 10 years 1 month ago #365559 by JeremyS
I wouldn't touch it with a 10 foot pole. There could be long term ramifications on your professional career as well as legal issues. 
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10 years 1 month ago #365617 by Gammill

Takennnn wrote: I wouldn't touch it with a 10 foot pole. There could be long term ramifications on your professional career as well as legal issues. 




:agree: under statement!
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10 years 1 month ago #365623 by Vespista
If you really want to do it, my humble advice is;
1. Consult your lawyer.
2. Get your lawyer to draw up a contract.
3. Get your client to sign it
4. Get 50% of your fee in advance.

be careful!
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10 years 1 month ago #365699 by Andrew AG

Vespista wrote: If you really want to do it, my humble advice is;
1. Consult your lawyer.
2. Get your lawyer to draw up a contract.
3. Get your client to sign it
4. Get 50% of your fee in advance.

be careful!



I think I'll take your advice.  It's a lot of green to pass up.  Perhaps with everything covered and doing this at early times of the day or super late, might give me that window to pull this off without getting in a sticky position.   


Thanks for all the input everyone, I do appreciate it.  
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10 years 1 month ago #365753 by Number 7
Money would have to be crazy, still I'm on the fence.  Perhaps 2am in the morning when know one is around.  
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10 years 1 month ago #365825 by No Show

Number 7 wrote: Money would have to be crazy, still I'm on the fence.  Perhaps 2am in the morning when know one is around.  



Indecent exposure is still indecent exposure at 2am in the morning. 
D300| Nikkor 24-70mm 2.8 | Nikkor 70-200mm VR 2.8 | Nikkor 50mm 1.8 | Nikon 2x Teleconverter | Sigma 105mm 2.8 | Tokina 12-24
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