Forums > Model Colloquy > Underage models. How sexy is too sexy?

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

ug.....
this topic never dies.

Look, If you subscribe to the puritanical beliefs of american society, then it is inappropiate. If you believe in the more liberal beliefs of virtually the rest of world, then it is appropiate.

In no way is it illegal anywhere (or if it is no way it will stand up in court)

In no way does it reflect upon you, the photographer, because for the most part, no one will ever know the age of the model in question anyway.

I have seen 13 year old girls that could pass for 22, and 22 year olds that could pass for 13.

It is one of those things that people have a hang up about because they need a hang up about something.


Ask yourself this.
Do you aspire to be a professional photographer with clientele beyond stock photos?

Yes?

Would you turn down a paid assignment from a national advertising company, that was 100% legal, Simply because a person may not think the image appropiate?

No?

Do you truly think that you could shoot a model the likes of which you never dealt with before, perfectly, on your first attempt? (consider it a model from India or Mars if you like)

No?

Then how the hell are you supposed to get experience shooting teens in provocative and or semi-revealing poses, Which has become the norm for most Magazines and Ad companies, not to mention runways?

That is the hypocracy that I see on these forums all the time.

"You are not a professional established photographer like Jock Sturges, therefore you should not be doing it."
I suppose Jock decided one day to change style and viola everything he did was instantly a hit, no practice what so ever....

They are not illegal, If you want to shoot them, Shoot them, If you don't, then don't.

However, if you expect to get commercial accounts for companies like Vogue or Gap or a slew of others, then I would suggest you change your outlook on the subject....

Just my 2.5 cents worth (freaking inflation!)

Sep 16 05 11:57 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

Jim Warren,
Let me get this straight, You have the Parents sign a release that says your shoot was conducted in an appropiate manner before you do a shoot?

Or do they sign it after?

And if After, Then what happens if they simply refuse to the terms after?

That makes no sensse to me.

A "RELEASE" is an agreement on usage of the photos. It "RELEASES" you the photographer for any liability for how you use the photos or what you do with them.

Hence the term RELEASE.

Also, Please note, You do not have to have a release from a minor unless you are going to use the photos for commercial work (see other discussion on RoP laws, Usage Laws, and the Legal definition of Commercial, as in Commercial Speech, which is what matters in usage)
I can walk right down to Sandy Hook, Go to the Nudist Colony, Shoot 10,000 images of all the nude people Adult, teen, child, whatever (dog) I want, Publish them in a book, And not need a thing from the subjects.

People do it all the time and make a killing.
Heck there is a thriving web business and video business as well.

Sep 16 05 12:04 pm Link

Photographer

Vegas Alien

Posts: 1747

Armington, Illinois, US

Ty Simone wrote:
Jim Warren,
Let me get this straight, You have the Parents sign a release that says your shoot was conducted in an appropiate manner before you do a shoot?

Or do they sign it after?

And if After, Then what happens if they simply refuse to the terms after?

That makes no sensse to me.

A "RELEASE" is an agreement on usage of the photos. It "RELEASES" you the photographer for any liability for how you use the photos or what you do with them.

Hence the term RELEASE.

Also, Please note, You do not have to have a release from a minor unless you are going to use the photos for commercial work (see other discussion on RoP laws, Usage Laws, and the Legal definition of Commercial, as in Commercial Speech, which is what matters in usage)
I can walk right down to Sandy Hook, Go to the Nudist Colony, Shoot 10,000 images of all the nude people Adult, teen, child, whatever (dog) I want, Publish them in a book, And not need a thing from the subjects.

People do it all the time and make a killing.
Heck there is a thriving web business and video business as well.

They sign the release afterwards, but I go over it with them before. No one has ever declined to sign it, ever. If someone did have issue and we couldn't work it out, no images would be processed.

It's my understanding that if you publish photos of anyone online or in print, a release is required.  Are you an attorney??? Wow, that's all new to me! Go ahead and continue taking images of others without releases.  I'll bet you're in the minority there. And publishing images without releases in a book that is for profit?

Wait...are you the guy who shoots the Girls Gone Wild stuff?

I don't think it's so cut and dry.  Here's a good link on releases:
http://www.danheller.com/model-release.html#7.5

Sep 16 05 12:15 pm Link

Photographer

Benjamen McGuire

Posts: 3991

Portland, Oregon, US

Jim, while I would agree it's not typically needed, I rather like the idea. How is it worded? A signed statement about my conduct is seeming like a good thing for me to have right about now.

Sep 16 05 12:42 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

Jim Warren wrote:
Wait...are you the guy who shoots the Girls Gone Wild stuff?

You are very much on target here with your "Girl's Gone Wild" comment.

The reason why the judge found there was no violation of the right to privacy was that these girls were not merely being photographed in a public place, they did so voluntarily and with full knowledge there was a camera running. 

The long and the short of it was the judge found an implied consent for the images to be used.

That is not the case when someone is merely sitting on a beach minding their own business.  It is no difference than any other public places and a person's rights to control the commericial exploitation of their likeness.

You hit it on the head, this is a complicated issue.  The best protection is to get a release then you don't have to be at the whim of a judge's interpretation of the law.

Sep 16 05 12:44 pm Link

Photographer

Vito

Posts: 4581

Brooklyn, New York, US

Ty Simone wrote:
I can walk right down to Sandy Hook, Go to the Nudist Colony, Shoot 10,000 images of all the nude people Adult, teen, child, whatever (dog) I want, Publish them in a book, And not need a thing from the subjects.

People do it all the time and make a killing.
Heck there is a thriving web business and video business as well.

Woah! You can't publish anything (especially that will make you money) without a release. Just because they are out in public does not give you the right to publish their likenesses without a release. For editorial content, yes, but not for profit (Editorial meaning a newspaper/mag report or the like).

Sep 16 05 01:33 pm Link

Photographer

Glamour Boulevard

Posts: 8628

Sacramento, California, US

ShariLynn wrote:
i have 3 shoots to get up i have not get gotten a chance and my mother has seen what i have a  has no problem with any of the photos  she thinks its a little weird   than again the  " make them take a second look" is why its a little weird  but i love them and my mom does not see a problem with them  my mother and father both WORK you know the four letter word  and had not  had the chance so send kegan who lives with us and has been dating me for the past  5 or more months  they had asked him to go  and they have no problem with and will sign anything needed
you know sometimes parents send" spys" for them and if you want i can have  kegan inform you  that the shoot was done in a perfessional  manner

he would not let me do anything "stupid"
sorry about the punctuation i am tring to  talk to my brother who is in washing  and i wish to hurry and write what i have to say and get off this topic  and back to my family  you know what matters

I have worked with many underage models whose parents work. They have at least one off day a week.No photographer, with ethics and knowing laws, would shoot you without a parent or legal guardian present.

Sep 18 05 04:06 am Link

Photographer

Glamour Boulevard

Posts: 8628

Sacramento, California, US

ThePoser wrote:
I was actually wondering the same thing. I am not going to point fingers or name names but there are quite a few underage models HERE that have very suggestive pics on their profiles that had me screaming at the monitor the other night. Not cool ladies.......

Kaire

weird thing is, even the association against child pornography on the internet (I forget the actual association name/initials)plainy admits there is nothing illegal about them posing provocatively even under 18. I brought the subject up to them not long ago and got that reply from them.

Sep 18 05 04:10 am Link

Photographer

Shutterbug5269

Posts: 16084

Herkimer, New York, US

Cspine wrote:
So, most young models i work with assume they can pose any way the want, as scantily clad (or unclad) as they wish provided thier nips, vag area, etc don't show in the photos. I know what the laws are but they seem vauge. I'd never shoot with a minor bottomless so don't mind all that but i'm wondering about implied topless and sexy poses for 16/17 year olds. Not just whats leagal, but what's generally acceptable in the industry. For the sake of argument lets assume a 16 y/o female with proper id and model release signed by a verified guardian. she wants to do topless shots with her hands covering her boobs while posing. also assume the shots are tfcd for her portfolio and the phots will never be marketed. Input? Opinions?

I have worked with teen models often myself.  I have also worked with teenagers in the past in other fields.  It is my opinion that anything more suggestive than swimwear with underage models is pushing the boundaries of what is considered age appropriate.  (and some swimwear is probably out too)  Laws on this subject are, in most states and in most cases, INTENTIONALLY vague on what is or is not appropriate in this area. 

I would advise you to avaoid doing topless (or even implied topless) with any model under 18 altogether, and avoid possible trouble later on.  The model may want to do it, but in the eyes of the law on this matter their wanting to do it is irrelevant as they do not have the legal right to give consent to such things.  All it will take is for her parents to see these images and they can have you arrested.

Sep 18 05 01:08 pm Link

Photographer

Hugh Jorgen

Posts: 2850

Ashland, Oregon, US

YIKES!!!!

Sep 18 05 01:30 pm Link

Photographer

GWC

Posts: 1407

Baltimore, Maryland, US

area291 wrote:
I'm going to be blunt...you have GWC issues.

Don't we all?

GWC!

Sep 18 05 01:33 pm Link

Photographer

- null -

Posts: 4576

I'll give the same answer I gave the last time someone started this thread.

How sexy is too sexy for an underage model? Simple ...

If you know you are not a pervert, but looking at a photo of an underage girl makes you feel like one; too sexy.

Sep 18 05 03:04 pm Link

Photographer

RCphotos

Posts: 28

Cincinnati, Ohio, US

Here is a version close of a Release that contains elements of protection for the model and photographer.

Model hereby releases and agrees to hold harmless Photographer and those acting under his permission, from any liability by virtue of blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the pictures, or in any processing tending toward the completion of the finished product, unless it can be clearly shown that the foregoing was maliciously caused, and produced, and published solely for the purpose of subjecting Model to conspicuous ridicule, scandal, reproach, scorn, and indignity.

Model hereby affirms that all poses, positions and situations enacted in the Photos covered in this release were entered into without force, coercion, or threat whatsoever, and were posed freely by Model with Model's full consent. Model further agrees to hold blameless and free of all accusation of such force or coercion Photographer, his legal representatives, assigns, and those acting under his permission.

Model hereby affirms that his/her date of birth is ________________________________ and that Model is fully able to contract in his/her own name without breach of any prior agreement or applicable law, including but not limited to prior agreements with modeling and talent agencies.

Sep 18 05 07:59 pm Link

Model

dpretty

Posts: 8108

Ashland, Alabama, US

PDXImaging wrote:
There is no place for suggestive under 18 images.  If they are not 18 and over, that discussion should never come up...

I agree...

Sep 18 05 08:03 pm Link