Nudity Clause
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A nudity clause/nudity waiver is a paragraph or a section in a performer's legal contract that stipulates which parts, if any, of a performer's body are to be exposed during a theatrical, television, cinematic, or other type of production. The clause may stipulate that a performer will not be required to perform in the
nude Nudity is the state of being in which a human is without clothing. While estimates vary, for the first 90,000 years of pre-history, anatomically modern humans were naked, having lost their body hair, living in hospitable climates, and no ...
, or it may specify that a performer is not allowed to perform in the nude. Nevertheless, a character they play may appear to be nude by the use of a "
body double In filmmaking, a double is a person who substitutes for another actor such that the person's face is not shown. There are various terms associated with a double based on the specific body part or ability they serve as a double for, such as stunt ...
" in place of the performer during a
nude scene In film, nudity may be either graphic or suggestive, such as when a person appears to be naked but is covered by a sheet. Since the birth of film, depictions of any form of sexuality have been controversial, and in the case of most nude scenes, ...
or the use of a flesh-colored
bodystocking A bodystocking or body stocking is a one-piece skin-tight garment that covers the torso, legs and sometimes the arms of the wearer. It is a foundation garment or an article of lingerie usually made from a sheer fabric similar to that used for s ...
or a pubic area-covering
merkin __NOTOC__ A merkin is a pubic wig. Merkins were worn by prostitutes after shaving their mons pubis, and are used as decorative items or erotic devices by both men and women. History and etymology The '' Oxford Companion to the Body'' dates ...
. Sometimes a performer will refuse to accept a role which involves nudity. Most performing contracts stipulate which body parts may be used in the final product. This may, for example, be the back above the waist, include the hands, neck, profile, etc. They may also specify which parts cannot be shown—such as buttocks, breasts, pubic hair, etc. There are strict union guidelines around on-set nudity, which requires actors to be told of any nude scenes well in advance and nudity waivers require directors to itemize exactly what will be shown and how. At times, exposure of each body part is given a commercial value and open to negotiation. In 2001,
Halle Berry Halle Maria Berry ( ; born Maria Halle Berry; August 14, 1966) is an American actress. She began her career as a model and entered several beauty contests, finishing as the first runner-up in the Miss USA pageant of 1986 and also placing six ...
appeared in the film ''
Swordfish The swordfish (''Xiphias gladius''), also known as the broadbill in some countries, are large, highly migratory predatory fish characterized by a long, flat, pointed bill. They are the sole member of the Family (biology), family Xiphiidae. They ...
'', which featured her first nude scene.Ian Hyland (September 2, 2001)
"The Diary: Halle's bold glory"
''Sunday Mirror''. Accessed 2009-07-05
Archived copy
at the Portuguese Web Archive (October 1, 2009).
At first, she refused to be filmed topless in a sunbathing scene, but she changed her mind when Warner Bros. raised her fee substantially. The brief flash of her breasts reportedly added $500,000 to her fee. Berry, however, denied this, explaining that after turning down numerous roles that required nudity, she decided to make ''Swordfish'' because her husband,
Eric Benét Eric Benét Jordan (born October 15, 1966) is an American R&B singer-songwriter and musician. He has been nominated for four Grammy Awards. Early life and education Benét was born on October 15, 1966, in Mobile, Alabama. He was raised in Mi ...
, supported her and encouraged her to take risks."Halle's big year". (November 2002) ''
Ebony Ebony is a dense black/brown hardwood, coming from several species in the genus '' Diospyros'', which also includes the persimmon tree. A few ''Diospyros'' species, such as macassar and mun ebony, are dense enough to sink in water. Ebony is fin ...
''.


Purpose

Especially when they are launching their careers, many female performers refuse roles that require them to perform nude, either for personal or professional reasons; companies such as Disney often go to great lengths to protect their performers' 'family friendly' image. 'No-nudity' clauses are relatively rare, in that an actress that is approached to perform such a role is usually at a stage in their career where a polite refusal is acceptable, and in most cases, body doubles, bodystockings or other alternatives are available.


Studio imposition

Sometimes it is the studios or production companies that insist that their actresses do not take part in nude scenes or other appearances. For example, to preserve her wholesome image,
Annette Funicello Annette Joanne Funicello (October 22, 1942 – April 8, 2013) was an American actress and singer. She began her professional career at age 12, becoming one of the most popular Mouseketeers on the original ''The Mickey Mouse Club, Mickey Mouse Cl ...
, who was under contract with
Walt Disney Walter Elias Disney ( ; December 5, 1901December 15, 1966) was an American animator, film producer, voice actor, and entrepreneur. A pioneer of the Golden age of American animation, American animation industry, he introduced several develop ...
, was not allowed to be seen in a two-piece bathing suit or show her navel in the beach party films of the 1960s for
American International Pictures American International Pictures, LLC (AIP or American International Productions) is an American film production company owned by Amazon MGM Studios. In its original operating period, AIP was an independent film production and distribution c ...
, though the prohibition was not always followed.


For cartoon characters

No-nudity clauses have also forbidden cartoon characters from appearing nude.
Pamela Anderson Pamela Denise Anderson (born July 1, 1967) is a Canadian-American actress, model and media personality. She rose to prominence after being selected as the February 1990 ''Playboy'' Playmate of the Month. She went on to make regular appearan ...
, for example, who appeared nude many times in print and in films, informed
Reuters Reuters ( ) is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages. Reuters is one of the largest news agencies in the world. The agency ...
that she insisted on a no-nudity clause for her cartoon alter ego in '' Stripperella'', the adult animated series created by
Stan Lee Stan Lee (born Stanley Martin Lieber ; December 28, 1922 – November 12, 2018) was an American comic book author, writer, editor, publisher, and producer. He rose through the ranks of a family-run business called Timely Comics which later bec ...
.


See also

*
Morals clause A morality clause (also known as a morals clause, bad boy clause or bad girl clause) is a provision within instruments of a contract which curtail, or restrain, or proscribe certain behavior of individuals or party(s) to the contract. A moral clau ...
* Intimacy coordinator


References

{{Nudity Nudity in film