INTERESTING CASE! Photos taken in Residential Apt

[buzz_meade]

Hey everyone: I got one for you.

 

I do photography in my apt - lights, backdrops and what not. My landlord lives

below me and today one of the neighbors threatened to call the cops on me.

They said I had to have a "photography license" and that she could get in

trouble.

 

My landlord is an 80 year old, christian woman so she of course is freakin out.

 

1st, I think this is insane, because A. all my shoots are TFP (Time for

Prints), B. Its my own home so who cares what I do and C. What would the cops

arrest me for? All my stuff is glamour, swim suit or fashion.

 

I'm pretty sure if I get evicted I have strong legal ground, but just wanted

to through it out there if someone knows something I dont.

 

Thanks!

 

Buzz

[dougbrill]

Not a lawyer so this comes with no real knowledge (isn't it the best kind of advice?). I think it depends on if you sell your images or not. If it is just a hobby, you can do whatever you want as long as you do not disturb the neighbors with noise at late hours.

 

If you do sell your images, they may have a case. Running a business can be done only in commercially zoned areas and you do need a license.

[matt_mccarthy3]

If photography is your business, and you are paid for it, then you do need a business license.

If it's strictly non-profit, then you do not. Legal requirements vary from state to state about

where you can conduct your business ( whether it is a commercial zone or residential ). You

can run a business from someone else's home ( technically it's not your own home, it's your

landlord's ). Why did the neighbors call the cops on you?

[buzz_meade]

They're threatened my landlord that they would. They said I have to have a photography license. My guess is they saw some shadows from the bikini shoot last night and this is a REALLLL christian community, so they dont like whatever is going on. Again, everything is TFP portfolio stuff.

[buzz_meade]

Right on. Again, I dont make any money at this - TFP Portfolio stuff. If I made money, I wouldnt live in this apt!

[pico]

So, you don't have shades over your windows to keep your work private. Sucks to be so silly,

eh? DO THAT and you won't be attracting the bloodsuckers.

[buzz_meade]

Ya. I have shades but theyre see thru. I'll probabaly have to do that, if I dont get evicted first. :)

[rickvandenberg]

Assure her that there is nothing untoward happening. Ask her to come up for a photo session. Do some portraits for free, so she can understand the idea of TFP.

 

And get some blackout curtains!

 

<sense of humour on>

And for the neighbours, don't you have some constitutionally-guaranteed right to privacy or something along those lines. Use George Bush's tactics -- "Impinging on my right to privacy is against the constitution. As such, you are acting in an UN-American fashion. Are you UN-American? Do you support the terrorists? Perhaps the FBI would like to know of your activities around here!"

 

Good luck! :)

[david_strom]

I'm not an attorney, but I have business experience in property management... First, read your lease. It may prohibit business use of the apartment, thus settling the issue. Secondly, the local zoning might prohibit business use, but it might pay to check - in my town multi-family and commercial zones have many of the same permitted uses. If permitted, you probably need a general business license. I have never heard of a "photography license".

 

Based on your post, I doubt if the landlord could be in any legal jeopardy, and I doubt if anyone would be arrested for a zoning violation. The worst case would be some sort of cease and desist action by the city, or a default notice on your lease from the landlord, easily cured in either case by stopping your work. My non-legal opinion would be that you are running a business, trading time for prints.

[sam_thompson2]

You or your neighbor might be cited for zoning violations. Even though it's not a business. It might be considered commercial use because you are exchanging goods for their services.

 

You can also be evicted for nuisance.

http://en.wikipedia.org/wiki/Nuisance

 

That being said. You should go get that "photography license".

 

I am willing to sell you mine for a low low price. Just send a western union money order to my off shore account in the Caymans.

[buzz_meade]

Well, I'd buy yours, but I'll just ask the Easter Bunny for one, April being around the corner.

 

That or buy some Cracker Jacks...;)

[sknowles]

I don't understand, are you folks saying with a business license you can't run a business

from your home? How many people do that without problems? How many do that and

deduct home expenses as business expenses? If someone runs a real-estate, stock

trading, financial management business, or some type of unobvious business from his

home, you're saying that's illegal?

 

If the apartment isn't in violation of the lease or is displaying outward signs of the

business (ie, looking like the apartment, no ads in windows or on doors), I don't see any

problems. What if it isn't a business, are you saying he can't have photo shoots or studio

setup in his apartment, as long as he doesn't change anything defined in the lease (ie,

ceiling, walls, etc.)?

 

I don't see the problem except the business license you should have if you don't already

have one. I routinely setup my studio in my dining room with backdrops, lights and all,

and I've never had complaints or problems, and the neighbors and management knows I

working on my personal photography business.

 

I would check the lease and then have a quiet talk with the landlord. Worst case scenarios

is offering them a (feee?) photo shoot. Take their concern away by showing them it's

normal and legal. Just my thoughts.

[gaius1]

There is no such thing as a photography licence. However there is such a thing as wasting police time.

[buzz_meade]

My lease is little more then one paragrapgh saying I can't sublease. I live in a REAL old fashioned community in the midwest, where things are still done with handshakes and everything is closed on Sundays.

 

The problem is the neighbors don't know what's going on and have assumed I'm making money shooting porn. Like my landlord said "She knows that "crazy" things happen in the world and sees it on TV" - i.e. They fear anything different, especially done by people they dont know.

 

Ya, from all I've read it sounds like I could be evicted for being a nuisance, and asked to stop by the police if they deem it a "business". But then it would be a legal issue as to what a "business" is.

 

Honestly, I dont think the exchange of prints for someones time is a business. If it is, its a non for profit!

[luminous world]

Act proactively. The advice to allay the nosey neighbor is a good one. Also, find out the appropriate ordinances. But you doing the research may not be enough for a nervous landlord. Once you've established that you're on solid ground, contact someone with the city, get them to confirm that you're okay, and then see if they'd be kind enough to contact your landlord to assuage her concerns.

 

By the way, if all you have as a lease is one paragraph, unless you're city has enacted a renters bill of rights, it's possible your lease may be terminated at any time for any reason by either party. You have nothing on paper constraining your behavior but neither does your landlord.

[stephen hazelton]

Sounds like the problem is not Christians per se, is not old people per se, but is People Without Enough To Do. There are a lot of petty issues that a normal person never gives much thought to. But if you've got time on your hands and are absolutely bored out of your skull, then the most trivial issue can occupy your mind all day and keep you up at night. There's probably not a real good solution.

 

If everything is absolutely on the up-and-up, it might help to do some portraits for the neighbor, for the landlord, etc. It might help to show them some of the work you're doing. Or have them hold reflectors or something while you shoot. Obviously, it would help in either case if you weren't doing just swimsuit type work.

 

It might seem odd, but ask either party to serve as a chaperone sometime. That gives them an excuse to see what's going on, without feeling nosy or getting too much in the way. Especially if a model is reluctant, that might work in your favor on two fronts.

 

As far as the photography license goes, call the local police, say "Hey, a neighbor says I need a photography license. Where do I get one?" And get the name of the person you talked to. They'll either tell you where to get one (unlikely) or tell you there is no such thing. Then, if a cop every comes calling, you can say "I called and talked to so-and-so and they said I didn't need one." And hopefully the cop will know the person you talked to, especially in a smaller town. (Some places do require permits for movie-type stuff, but that's usually public places in large cities.)

[joe tarrant]

Could you put a warning on future messages? I nearly fell off my chair laughing at this one. You poor guy. Move to a more civilised country. Failing that, a state nearer the sea.

[matt_mccarthy3]

While there is no such thing as a "photography license," there may be a general business

license with a subcategory for photography. That's what I have here in Florida. If there is

some kind of "photography license" requirement in your area, then I'd recommend you get it.

That way you'll have legal cover when you tell your Christian neighbors to shove their moral

nosiness up their collective keister.

[phule]

Just print something official looking (include at least one nice scripty font) and hand it to your silly neighbor. Put the phrase "Official Photography License" on the top.

 

:)

[Jerry_]

"I don't understand, are you folks saying with a business license you can't run a business from your home? How many people do that without problems? How many do that and deduct home expenses as business expenses? If someone runs a real-estate, stock trading, financial management business, or some type of unobvious business from his home, you're saying that's illegal?"

 

 

 

 

There are 50 states, plus a couple of territories in the U.S.A. And countless number of counties within the states. No one answer exists for each place one can reside.

 

 

 

 

In parts of Florida, a 'business' can be run out of your home __ if you allow the county to sign off that you are not operating a hazard to the community and pay a one-time fee for "paperwork." That done, a state sales tax number and a occupational license gets you "in business" from your home address. If you are renting or leasing a place to live, it would be up to what is allowed in the lease....

[craig_gillette]

You may need local legal advice. You've got no idea how sound your lease is. You don't know if there are permit or license issues for your business (barter that dances around tax revenues isn't always popular with city treasurers), you don't seem to be confident in the legality of your subject matter, and you seem to have annoyed your neighbors and/or your landlord.

 

There are probably local legal society resources which can get you settled about the lease issues. A few phone calls to city hall will get you the info you need on home-based businesses. Get better shades. Tell your visitors to be quieter. Make friends with your neighbors - they can be a personal "neighborhood watch." The cops probably know the cranks and the busybodies already, if they like that nice boy that takes pictures, you'll be in fat city. If they think you are that wierdo that takes dirty pictures....

[victor_ho2]

I really enjoyed reading this thread. I would go the other way and seek an arrest. Think of the publicity and the boost in visibility. I could see this as the end story on the evening news, USA today and on and on. Do you want fame and fortune? You'd be national news. You could get a byline for your photo of your poor little old landlady's surprised look as she was led away by the photo police. Oh the possibilities are endless. The ACLU could make you a poster child. LOL :)

[mackey]

Replace your sheer curtains with ones that block light. That will solve the problem right there. Show your landlord some of the most "innocent" photos so she can see what you're really doing. Assure her you're still developing your skill and you're not yet a professional. Invite the landlord and neighbor up for some nice portraits that they can give to their family members. No matter what, keep a good attitude and keep smiling...if you get defensive, it will add to their suspicions.

[szrimaging]

As towards running a business from your home, as a few have been questioning, it is really really dependent on local laws. For instance, in the state of Michigan, in rural areas, this is determined by your townships planning and zoning commissions. In my township, for instance, you can have a home based business if you employ less than...ermm...think it was 2 employees.

 

Oh yeah, and quit bashing the Midwest! Just cause we know how to be polite, and you can't see past your own noses, gives you no reason to bash us....wait....I just bashed you guys....hmmm....

 

And IMHO, TFP is hardly a business. You are just practicing a hobby, and to practice that hobby you need models, etc. And if it were, basically every photo student would need a business license.

[sfdgs]

I live in a townhouse with a lake out back. For several months I had customers come over and would take pictures by the lake and in the woods. I was given a ticket and fine for allowing customers to come to my residence. I had to get a business license stating that I was only allowed to do computer work in the home and that customers were not allowed on my premises. Now I have to meet them at coffee shops and Burger King. I had a sign on my suv and i was told that i had to get a permit for that also. it is frustrating having to jump through all these hoops just to do something fun that isn't hurting anyone.