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| Version 1 | Version 2 |
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| Topless photos atop Empire State Building spark lawsuit | Topless photos atop Empire State Building spark lawsuit |
| (about 1 hour later) | |
| The owners of New York's Empire State Building have sued a fashion photographer who shot images of a topless woman atop the skyscraper. | The owners of New York's Empire State Building have sued a fashion photographer who shot images of a topless woman atop the skyscraper. |
| They say Allen Henson's actions in August were "inappropriate" at a family tourist attraction and that he lacked permission to hold a photo shoot there. | They say Allen Henson's actions in August were "inappropriate" at a family tourist attraction and that he lacked permission to hold a photo shoot there. |
| The owners seek $1.1m (£668,455) in damages. | The owners seek $1.1m (£668,455) in damages. |
| Henson says the photos were taken of a friend on his personal cell phone and have "zero commercial value". | Henson says the photos were taken of a friend on his personal cell phone and have "zero commercial value". |
| The New York-based photographer and Iraq war veteran told the BBC he first learned of the lawsuit through the news media on Monday and had not yet retained a lawyer. | The New York-based photographer and Iraq war veteran told the BBC he first learned of the lawsuit through the news media on Monday and had not yet retained a lawyer. |
| 'A great view' | 'A great view' |
| "It wasn't a photo shoot", he said, adding the images were taken of a good friend, Texas-based model Shelby Carter, on the 86th storey observation deck. | "It wasn't a photo shoot", he said, adding the images were taken of a good friend, Texas-based model Shelby Carter, on the 86th storey observation deck. |
| "We thought it would just be wonderful, a great view… no harm no foul", he added. "Nobody was injured, no children were around." | "We thought it would just be wonderful, a great view… no harm no foul", he added. "Nobody was injured, no children were around." |
| In a lawsuit filed in New York State Supreme Court, the companies that own the building and operate the observation deck argue the incident threatened their ability to ensure a "safe, secure and appropriate place for families and tourists". | In a lawsuit filed in New York State Supreme Court, the companies that own the building and operate the observation deck argue the incident threatened their ability to ensure a "safe, secure and appropriate place for families and tourists". |
| ESRT Observatory and ESRT Empire State Building also claim Henson lacked the required permission to use the trademarked image of the popular tourist spot, which attracts four million visitors annually. | ESRT Observatory and ESRT Empire State Building also claim Henson lacked the required permission to use the trademarked image of the popular tourist spot, which attracts four million visitors annually. |
| The photographer told the BBC the photos were not intended for commercial distribution and he had not made any money from them since they were taken. | |
| He also added that many of the tourists around him on 9 August were also taking photos and video on their personal cell phones without securing prior permission. | He also added that many of the tourists around him on 9 August were also taking photos and video on their personal cell phones without securing prior permission. |
| "It's not logical," he said of the lawsuit. "They've made a mistake here." | "It's not logical," he said of the lawsuit. "They've made a mistake here." |