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  4. Photographer is sued $1.22 million over topless photo on top of Empire State Building

Photographer is sued $1.22 million over topless photo on top of Empire State Building


10 years 2 months ago #347269 by KENT MELTON
So the photographer says this photo was spontaneous, and was taken with cell phone.  I don't get how the owners of the Empire State building came up with the $1.22 million figure to sue.  Seems like one of those cases that will get tossed out.  But still interesting, we need to think about where we are shooting our models now too!

www.abc.net.au/news/2014-01-14/photograp...allen-henson/5199664  

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10 years 2 months ago #347303 by icepics
There are kids standing right there, and even if there weren't, people aren't allowed to go up to the observation tower and start taking their clothes off, it's a shared space for visitors and tourists and the general public. If he wanted to shoot a partly nude subject he'd need permission and would need to schedule to use the space when it's not being used by the public.

Seems like he's used the photo to promote himself all over the internet so I don't know if that will be considered using it for his business or not.
Sharon
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10 years 2 months ago #347327 by Josh Jofoto
Hmmm seems like a wishy washy waste of the courts time if you ask me
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10 years 2 months ago #347333 by StephanieW
Seems pretty pricey for the crime to me. I understand there are laws (and whether or not I agree that this is something that should be criminal isn't the point), but that price tag does not match the crime. Maybe a couple of hundred dollars at most.
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10 years 2 months ago #347343 by Hassner
The creative quality of the photograph is a crime. To break the law for a crappy image like that...
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10 years 2 months ago #347397 by StephanieW

Hassner wrote: The creative quality of the photograph is a crime. To break the law for a crappy image like that...


lol well when phrased like that maybe I can see how the price tag fits.  The judge was making a statement on art.  :P
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10 years 2 months ago #347441 by Yasmine Rossi
The photographer shouldn't have done that, but is that worth $1.22 million suit?  NO.
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10 years 2 months ago #347479 by TCooper
Doesn't the Empire State Building make enough from tourist as it is?
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10 years 2 months ago #347499 by Stealthy Ninja
Ah America. :patriot:
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www.aevansphoto.com
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10 years 2 months ago #347515 by garyrhook

TCooper wrote: Doesn't the Empire State Building make enough from tourist as it is?


Not at all sure how that's relevant.

What makes no sense is that it was private property. So, if someone comes into my yard without my permission, and takes a picture of some breasts, I can sue them for an outrageous sum of money?

Dumb people. Dumb, dumb, dumb.
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10 years 2 months ago #347721 by Eliffman
:agree: I going to agree with Gary on this one, this is absurd waste of legal resources
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10 years 2 months ago #347961 by icepics
I don't think he was charged with a crime. I found a couple of other articles about this and apparently he discovered that there isn't a law specific to this; he wasn't just taking one impromptu photo - I saw more than one (see the Village Voice blog), and he apparently has done this same type thing elsewhere with the same model.

He seems to have been posting these photos a lot of places online which to me seems as if that could have been purposeful in being attempts to gain public attention; not sure whether that would show that he was doing this with an intent to promote and benefit his business or not.

I think the amount was based on him being a professional fashion photographer who does commercial work; even if he didn't license usage of these photos directly he seems to have used their private property to shoot photos that may have been used to help promote his business.

This is why it's beneficial for a photographer to get a property release signed. You can't assume you can use someone else's property to conduct your business or make money.
Sharon
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10 years 2 months ago #347989 by Sawyer
So are you saying if this was just a normal Joe who took the photo and posted on his Facebook page, that hey wouldn't have been pursued? 
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10 years 2 months ago #348007 by Stealthy Ninja
Just looked the guy up and icepics is right, he likes to shoot models (topless or in their underwear) in public places.

IMHO he's crossed the line to voyeuristic/exhibitionist porn.
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www.aevansphoto.com
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10 years 2 months ago #348039 by KCook

garyrhook wrote:

TCooper wrote: Doesn't the Empire State Building make enough from tourist as it is?


Not at all sure how that's relevant.

What makes no sense is that it was private property. So, if someone comes into my yard without my permission, and takes a picture of some breasts, I can sue them for an outrageous sum of money?

Dumb people. Dumb, dumb, dumb.


Yup, in fact you CAN sue them.  However, no particular result is guaranteed.  Funny thing, civil court.

Kelly
Canon 50D, Olympus PL2
kellycook.zenfolio.com/
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