Forums > Photography Talk > Model Age dilemma

Photographer

Vito

Posts: 4581

Brooklyn, New York, US

Weldphoto wrote:

Are you speaking as a qualified lawyer on this subject? Or are you just spouting your learned opinion?

You missed the point of what I wrote. My point was its not a moral issue, its an issure of protecting children. And that is not a religious or political issue.

Nope, that's the "law". There is no law specifying any age limit as to who can pose nude. It's the context and "interpetation" that will get you in trouble.

Jan 24 06 12:39 pm Link

Photographer

Vito

Posts: 4581

Brooklyn, New York, US

40

Jan 24 06 12:42 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

Weldphoto wrote:
Are you speaking as a qualified lawyer on this subject? Or are you just spouting your learned opinion?

I am not a lawyer and do not offer legal advice.  I am recounting what many many many lawyers have said both on this site and off this site...  This is not opinion it is fact that I'm "spouting"...knowing the facts has little to do with requiring a law degree.

Weldphoto wrote:
You missed the point of what I wrote. My point was its not a moral issue, its an issure of protecting children. And that is not a religious or political issue.

No, I responded to that point in the first words of my reply.  It *is* a "moral" issue.  There is an outright public group that states as it's cause bringing a stronger influence from the church to public politics.  It has called itself "The moral majority"...maybe you've heard of them?

It is not about "protecting children" it is about a cultural backlash to the increasing free expression of minority opinions and fringe beliefs in our daily lives...  (by minority I don't mean racial)

Saying it is a battle of "protecting the children" means you've been hoodwinked by the moral majority and you are buying in hook line and sinker in to what they're selling...

Limiting the rights of artists is not going to "protect the children" in any way.

Jan 24 06 12:42 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

C R Photography wrote:
Yea, definitely keep her clothes on and you should be in the clear.

Of course if you can get her cousin…. I mean husband Cletus to sign for her that'd be more better wink

*dies*
You beat me to it

"Squeal!  Squeaaaaaaaaaal like a pig!"

Jan 24 06 12:47 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

raveneyes wrote:
Oh and don't take any photographs including her chest either...even if it's completely covered and behind a lead lined apron.

Oh and not her neck either...some people consider that the ultimate erogenous zone...definitely having her neck in a photo, exposed or not, could lead to people thinking it's pornography

Oh and forget about her lips...JEEZE you could go to JAIL man!

Oh and not her legs either...everyone knows where all legs lead, that's right!!! Not the FLOOR!

Oh and not her feet because that's just perverted!!!

Don't laugh.  One of the laws passed under Clinton after the "Republican Revolution" lead by Gingrich & his co-horts stated that a photograph focusing overly much (How much is too much?  By whose standards?) would be considered child pornography even if the child was clothed.  The courts thankfully struck the law down as overly vague & unenforceable, but those sort of rational judges are the ones now being attacked as "activist" and being replaced with lockstep Facists like Alito.
There ARE people who still believe in this sort of thing, and they're currently running the government.

Jan 24 06 12:51 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Weldphoto wrote:
I really think blaming this on religion and morality is going in the wrong direction. We live in a nation in which one out of four girls are abused before the age of 18 every year. One out of six for boys. The laws are not based on religion or morals but on a well meaning hope of protecting kids - like yours. It not a right or left wing issue, its about the protection of minors. Until someone can come up with a better way of doing so, then I suspect we will see these laws enforced more and more.
Sadly its about the rotten apples spoiling the whole bunch. We all pay for the crimes of others. That's why we have a pocket full of keys...

Strict religion & morality laws tend to increase & further child abuse & molestation.  You can find any number of studies that show anywhere fundamentalist ideology (and I mean any sort, I am not singling out Christianity) is in the fore, these sort of things increase.  This is not ionly obviously true in much of the Islamic world, but has also been shown in several demographic studies in the US.  Areas in the south & midwest with higher concentrations of fundamentalist churches have higher rates of all forms of child abuse.
Education and openess, not repression, are the keys to lessening these problems.
P.S., it's ENTIRELY possible to have morality without religion, in fact it's religion (and I am distinguishing religion from FAITH, the former is some guy telling you what God wants, the latter is an actual personal relationship with God) that often corrupts morality.

Jan 24 06 12:55 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

raveneyes wrote:
THESE ARE NOT LAWS...THERE ARE NO LAWS PROHIBITING OR LIMITING THE SHOOTING OF PEOPLE OF ANY AGE IN ANY STATE OF CLOTHING!!!

As I noted, yes, there ARE such laws, both various state & federal statues.  The courts have just kept them from being ENFORCED.

Jan 24 06 12:56 pm Link

Photographer

qphotonyc

Posts: 15650

New York, New York, US

Nikia B wrote:
I think once a minor has been married, they're automatically considered emancipated.  So there is no "guardian"...

i was an emaciated minor at one point

Jan 24 06 12:57 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

T R Willmitch wrote:
Hi,

I strongly disagree as to the heart of the matter.  Yes, there is abuse but by whom and to what degree.  Mark Twain wrote that, “There are liars, damn liars, and statistics.â€?  I firmly believe that is the case here.

My graduate minor was in mathematics and I know statistical trash when I see it.  I see it in the numbers here and in the news.  It is a weapon being used in this country against those who do not subscribe to a narrow moral doctrine.  And the techniques that are being used ironically come straight from the pages of Noam Chomsky and works like “Manufacturing Consentâ€?.

Discussions like this fundamentally reflect ripples on the edge of a holy war waged against intellectuals and artists in this country

Take care,
Tom

Exactly.  It's a war of attrition, using the slippery slope method of taking on easy to attack, hard to defend emotional issues in order to chip away at our rights.
Alito spelled this out in the papers he wrote for Reagan on assaulting Roe V. Wade.  As I am frequently pointing out these days, it's NOT about abortion for those people, it's about eliminating the idea & precedent that we have a right to privacy and to be let ALONE in our own homes & bodies.

Jan 24 06 01:00 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Weldphoto wrote:
You missed the point of what I wrote. My point was its not a moral issue, its an issure of protecting children. And that is not a religious or political issue.

Given that, at 16, this girl has already had a child & is living with a man, I am not sure what exactly we're protecting her FROM, except maybe herself.

Jan 24 06 01:02 pm Link

Photographer

nick latino

Posts: 291

Tucson, Arizona, US

I didn't get to every posting in this topic so excuse me if it has been covered.  An emancipated minor can enter into contract such as a lease agreement or working contract.  It does not mean that any state laws that deal with an age issue are no longer in effect. 

So if a emancipated minor is involved in a relationship with another person over the legal age in that state can be charged with "contributing to" or other age restriction charges.

Now I am not a lawyer, so before accepting this as fact you may want to check with your local police department for any clarification.

Jan 24 06 01:12 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Weldphoto wrote:
I would encourage you to go to www.darkness2light.org/  .com and learn more about child abuse in this country. Statistics are not always trash and I think you will find many intellectuals and artists in this country who do not share your fears of creeping holy wars.

Funny.  I looked that page up then started doing some referencing.  The page is assosciated with at least 2 Christian ministries, and there's one fundie ministry that share the same name tho there are no overt links.  It's also affiliated with several other "children's advocacy groups" all from southern states that're heavily right-wing Republican and made up of members that support neo-con (as opposed to true conservative) political principles.
Not to mention it's listed on several websites as a great example of network marketing, since the people who run it took it from the original community activist plan it ran on & turned it in to a business selling books, DVD's, "kids" bracelets, etc.
I'd wonder not only where the money was going, but about the veracity of information coming from people whose livelihood depends on you believing the problem exists to the extent they say it does & offer to sell you solutions.

Jan 24 06 01:15 pm Link

Photographer

Megs Corner Photography

Posts: 152

Baltimore, Maryland, US

I didn't finish reading the posts so I don't know if someone already said this or not but i'll say it anyways.

My brother was married at 16 which he had to be emanciated (sp) first by my parents.  Once he was married his wife became his legal guardian until he turned 18. 

If her husband were to sign the release for her than he is legally her legal guardian.

Jan 24 06 01:18 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Vito wrote:
You missed the point of what I wrote. My point was its not a moral issue, its an issure of protecting children. And that is not a religious or political issue.

Nope, that's the "law". There is no law specifying any age limit as to who can pose nude. It's the context and "interpetation" that will get you in trouble.

Way too many laws are like that.  In Florida, the state concealed wepaons statue reads that it shall be illegal to carry any weapon "excepting a common pocket knife" concealed without a permit.  But "common pocket knife" is never defined.  Basically it's left to each ADA and DA to decide if he wants to prosecute if a cop stops you & finds any sort of a blade on you, and then you have to defend yourself & take your chances wtih a jury.
Shooting minors works about the same way.
Thing is, if someone decides to make an issue of it with you, you may be right morally & legally, but by the time they get done prosecuting you, you'll be bankrupt & have your reputation smeared even if you win.
I don't feel it's worth the risk.

Jan 24 06 01:18 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

qphotonyc wrote:
i was an emaciated minor at one point

And then you found food?

Jan 24 06 01:20 pm Link

Photographer

KEKnight

Posts: 1876

Cumming, Georgia, US

My advise is that if it is your "policy" not to shoot anyone under the age of 16, then don't.   It's been my policy also and i've never even considered an exception.  Too many legalities involved to make it worth my time.

Jan 24 06 01:22 pm Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Megs Corner Photography wrote:
I didn't finish reading the posts so I don't know if someone already said this or not but i'll say it anyways.

My brother was married at 16 which he had to be emanciated (sp) first by my parents.  Once he was married his wife became his legal guardian until he turned 18. 

If her husband were to sign the release for her than he is legally her legal guardian.

Depending on the state you're in, that still may not matter.
As a for instance, here in Fl a teen can go in the grocery store with her parents & the parents can buy beer.  But if she is with her husband and she's under 21 (even 18-20) they will not sell to him.
In Texas, on the other hand, she could go in a bar with him at 16, tho not drink, and it used to be that she could drink with him at 18, tho I believe that's been changed.
(I am a state licensed salesperson for alcohol in Fla, I have to know all the laws here & I know some in other states, they're a mess)

Jan 24 06 01:23 pm Link

Photographer

Megs Corner Photography

Posts: 152

Baltimore, Maryland, US

If it was me and I was contacted with this problem I wouldn't do it just to cover my butt.  Who knows what laws are out there that we know nothing about.  If it was a normal portrait shot of her with her family than i'd have no problem doing a paid portrait shoot with her, but a tfcd/tfp where she will be doing specific modeling poses i'd be to nervous.

Jan 24 06 01:26 pm Link

Photographer

Weldphoto

Posts: 845

Charleston, South Carolina, US

SLE Photography wrote:

Funny.  I looked that page up then started doing some referencing.  The page is assosciated with at least 2 Christian ministries, and there's one fundie ministry that share the same name tho there are no overt links.  It's also affiliated with several other "children's advocacy groups" all from southern states that're heavily right-wing Republican and made up of members that support neo-con (as opposed to true conservative) political principles.
Not to mention it's listed on several websites as a great example of network marketing, since the people who run it took it from the original community activist plan it ran on & turned it in to a business selling books, DVD's, "kids" bracelets, etc.
I'd wonder not only where the money was going, but about the veracity of information coming from people whose livelihood depends on you believing the problem exists to the extent they say it does & offer to sell you solutions.

You really don't know what you are talking about at all. I am very well aquanted with this organization and know many of its board members. Were you to say to them that they are right wing neo-cons they would laugh in your face. In fact I'll enjoy telling one tomorrow.

That there are religious groups supporting it does not mean its under its wings. Many religious groups support the Red Cross as well. Your logic is faulty.

The books sold are on ways to recognize and prevent child abuse. The cost covers the printing mostl. Are you against people learning the accepted signs of child abuse and ways to avoid it?

And are you further suggesting that because its located in the South its therefore Republican? Your prejudice is amazing and your knowledge of the South is tainted by it.

You are tilting at the wrong windmill with this organization.

What are you doing to prevent child abuse that is working better than a national organization offering information and training programs for prevention?

Jan 24 06 05:10 pm Link

Photographer

Jwill266

Posts: 449

Louisville, Kentucky, US

SLE Photography wrote:
Strict religion & morality laws tend to increase & further child abuse & molestation.  You can find any number of studies that show anywhere fundamentalist ideology (and I mean any sort, I am not singling out Christianity) is in the fore, these sort of things increase.  This is not ionly obviously true in much of the Islamic world, but has also been shown in several demographic studies in the US.  Areas in the south & midwest with higher concentrations of fundamentalist churches have higher rates of all forms of child abuse.
Education and openess, not repression, are the keys to lessening these problems.
P.S., it's ENTIRELY possible to have morality without religion, in fact it's religion (and I am distinguishing religion from FAITH, the former is some guy telling you what God wants, the latter is an actual personal relationship with God) that often corrupts morality.

In addition 75% of all porn in the U.S. is consumed in the so called bible belt states.

Jan 27 06 04:21 am Link

Photographer

UCPhotog

Posts: 998

Hartford, Connecticut, US

Blah, blah blah, blah blah blah, model is 16 years old, blah blah blah....

If she can't bring a parent with her to sign for her - move on. Why take any risks with a predominantly Republican government?

No matter what she shoots, it's likely you'll need legal counsel to advise you if you can use it / if she has legal right to sign the release. Do you have a lawyer on retainer? No - then it's likely to cost you a minimum $150 to find out. Is she paying you? Be careful of that as well - if her minor status says she can't enter into a contract, well, that purchase is a contract.

The big one to remember is this - I don't think there is one lawyer here at MM. If you don't shoot with her, it's likely that you won't require one, either.

Marc Stevenson
UCPhotog

EDIT - read more of the posts - agree - there are no laws stating you can shoot nudes, etc. of any age. It WILL, however, fall into community standards and all in all - why risk arrest, imprisonment, trial, etc.? I don't want to get into arguments - I whole heartedly agree that what the law IMPLIES is one thing, but it's application / interpretation is another.

EDIT - Again, people noting that, "well, if you're not shooting nudes, etc." Again, I agree there should be no issues, but again we are talking about what the law states versus how it is applied. Should you find yourself in a GW (that's not Guy With, btw, but George W) area with a district attorney going for the votes to get elected to governor, well.............

Jan 27 06 04:40 am Link

Photographer

ProShotPhoto

Posts: 486

Bellingham, Massachusetts, US

stick to your policy - if she proves she is an adult then shoot with herer.

Jan 27 06 05:13 am Link

Photographer

Jwill266

Posts: 449

Louisville, Kentucky, US

I am sticking to my policy. She has been told no parent no shoot. Unless she can produce a court document that says she is an adult in the eyes of the law. If I don't have it, then my time is wasted. I am mostly trying to help her with her portfolio, but would still like the option to use the images myself. I just want to CMOA. It seems most of the time if I have a bad experience its after I have done a favor. The girl has a great look, deserves a break, and a shot at it, but does not have the money to pay. LOL Oh well, I'm not going to stop helping people because of few bad apples, but I am sticking to my policy. Thanks everyone for your posts. It has been a big help.

Jan 27 06 08:48 am Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

UCPhotog wrote:
The big one to remember is this - I don't think there is one lawyer here at MM.

There are several lawyers on MM...and some have replied to this thread.

Jan 27 06 08:52 am Link