Forums > Photography Talk > Minor model photography - advise request

Photographer

StrawberryImages

Posts: 7

San Francisco, California, US

I have scheduled to meet two 16 year old models. They cannot sign model release and their parents are not going to be at the shoot.

They asked me for an outdoor, casual shoot. Can I go ahead and shoot them outdoors, in fact, at the State Park.

I have read that it is better to avoid photographing minors but what is the law if I am not posting the images on my portfolio and it is all casual.

Seek advise from the photography community.

Kahn

Jun 29 10 12:26 am Link

Photographer

Kevin Connery

Posts: 17824

El Segundo, California, US

Threads about Minor Models

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Model Colloquy > Legalities, Being a Minor, and General Ignorance
Photography Talk > Shooting an Underage model - Rules and Regulation (Casual/Old Navy)
Photography Talk > Ever feel baited by a minor?
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Photography Talk > underage models
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Photography Talk > One Minor Model Thread To Rule Them All...
Photography Talk > Models underage... (who works with them?)
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Photography Talk > Do you limit yourself from working with minors? (Including ‘senior photography’)
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Photography Talk > Models age question (Cars and bikinis)

State Laws regarding Child Pornography or Nudity (USA)
State Child Pornography Statutes (PDF document)

Federal Laws regarding Child Pornography (USA)
All are part of Title 18 Part 1 Chapter 110 (Index)

Note that nudity is not automatically included, and that clothed images can be included.

2251. Sexual exploitation of children
§ 2252. Certain activities relating to material involving the sexual exploitation of minors
§ 2252A. Certain activities relating to material constituting or containing child pornography
§ 2256. Definitions for chapter
§ 2257. Record keeping requirements


Release Issues for Minors

Photography Talk > Of Minors and Releases

The short answer is:

Most kinds of photography of minors are lawful--some clothed, and some unclothed. In the second category, it may be legal, but it's almost certainly unwise.

Some kinds of photography of minors are unlawful--some clothed, and some unclothed. This whole area is both unlawful and unwise.

Jun 29 10 12:43 am Link

Photographer

Kings Media Photos

Posts: 1939

Victorville, California, US

shoot 'em......
I think laws vary state to state....

Theres no reason not to shoot em....
They do it at malls ALL the time...

Jun 29 10 12:44 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

StrawberryImages wrote:
I have scheduled to meet two 16 year old models. They cannot sign model release and their parents are not going to be at the shoot.

They asked me for an outdoor, casual shoot. Can I go ahead and shoot them outdoors, in fact, at the State Park.

I have read that it is better to avoid photographing minors but what is the law if I am not posting the images on my portfolio and it is all casual.

Seek advise from the photography community.

Kahn

Well it is like this.  How are you benefiting from shooting them  or what is the upside?  What is the possible downside.  Without knowing your age I believe the downside out weighs the upside.  Their parents can make your life a living hell or the young girls could if they want.  You are asking for trouble.

Jun 29 10 12:49 am Link

Photographer

Fotographic Aspirations

Posts: 1966

Long Beach, California, US

You need an escort / friend !  What if "they claim" you asked then to do " XYZ ", false or not the burden would be on you and if your alone in a state park who knows what could happen ?

I would do an open air local public park with plenty of folks around maybe.

Not worth the problems even if chances are small these days.

If one so much as says he brushed up against my breast to a parent, it could be some time / money before its sorted out.   

My 2 cents.

Jun 29 10 12:52 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

Man,  If the parents saw your portfolio you would be in deep shit.  Two nudes.

Jun 29 10 12:56 am Link

Photographer

Angel Afterlife

Posts: 317

Hobart, Tasmania, Australia

StrawberryImages wrote:
They cannot sign model release

Model release required, no shoot.

Jun 29 10 12:57 am Link

Photographer

alessandro2009

Posts: 8091

Florence, Toscana, Italy

At least one parents present on the shoot i think is almost always better.

Sure the minor doing a lot of snapshoot from themself but given the great hypocrisy present on this world (especially on some countries) on this subject better avoid situations that may even rise to future problems.

For the rest shoot them and have fun during the shoot, they have often great enthusiasm even if they don't known how pose so you teach them.

JWB wrote:
Man,  If the parents saw your portfolio you would be in deep shit.  Two nudes.

Yes better build another port for nude shoot given some parents are paranoid.
On the contrary they could think that you want shoot their child nude despite isn' true.

Jun 29 10 12:59 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

OP  How old are you?

Jun 29 10 01:06 am Link

Photographer

Paolo D Photography

Posts: 11502

San Francisco, California, US

StrawberryImages wrote:
I have scheduled to meet two 16 year old models. They cannot sign model release and their parents are not going to be at the shoot.

They asked me for an outdoor, casual shoot. Can I go ahead and shoot them outdoors, in fact, at the State Park.

I have read that it is better to avoid photographing minors but what is the law if I am not posting the images on my portfolio and it is all casual.

Seek advise from the photography community.

Kahn

the only thing i would strongly suggest is to make sure the parents know youre going to be shooting the kids.

maybe even send a copy of a minor model release form through email, and outline what kind of photos you'll be taking.

communication is key.

i shoot minors all the time, no big deal.
however, typically a parent is present or in the odd case where a parent is not, its usually not the first time i've shot with the minor, and i've always talked with or met a parent before.

if you have suspicions that someone might make a false claim against you its best to avoid the shoot entirely, regardless of the persons age.

take special precautions, but dont let it deter you from the job.
as long as you talk to the parents first it should be ok.

if youre in a state park be prepared for some ranger to come up and ask for your permit. :p

i'm local to SF so if you need anything else let me know.

Jun 29 10 01:06 am Link

Photographer

DW DALLAM PHOTOGRAPHY

Posts: 1385

Arcata, California, US

Have a female friend of yours present. Or, have them get the release signed by their parents. In any event, if you photograph them in a state park with people around, you're 100% safe and lawful, unless they try to lie about something. That's why I say have a friend with you.

Jun 29 10 01:09 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

I don't get it.  99 percent are saying go for it but take precautions.  Why is it so important to shoot 16 year olds when he can't use their pictures in his portfolio.  Gee isn't there any 18 year olds that model anywhere.

Jun 29 10 01:16 am Link

Photographer

Escalante

Posts: 5367

Chicago, Illinois, US

JWB wrote:
I don't get it.  99 percent are saying go for it but take precautions.  Why is it so important to shoot 16 year olds when he can't use their pictures in his portfolio.  Gee isn't there any 18 year olds that model anywhere.

EXACTLY I DONT GET YOUR LOGIC IT EITHER !
PLENTY OF ADULTS YES , but The minors aren't ASKING for SEXUAL IMAGES,
why wouldn't you shoot minors? what is wrong ? why so against it ? it isn't as if they were the Plague .
I shoot them all the time.
The only people who have issues are the ones who cant comprehend that Females CAN be Photographed with out it have to have any type of Sexual nature involved .

And what does his Age have anything to do with it?
  Man you are typing as if he is about to commit a freakin Crime against Humanity sheesh dude Lighten up !


People shoot kids them all the time MM is the ONLY frakin PLACE I KNOW OF WHERE PEOPLE FREAK OUT ABOUT THIS !

Jun 29 10 01:20 am Link

Photographer

alessandro2009

Posts: 8091

Florence, Toscana, Italy

JWB you can use minor shoot on your port (see how many shoot of minor are present).
They are model, only need avoid some shoot (as for example nude), isn't a big issue.

Jun 29 10 01:23 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

ESCALANTE wrote:
EXACTLY I DONT GET YOUR LOGIC IT EITHER !
PLENTY OF ADULTS YES , but The minors aren't ASKING for SEXUAL IMAGES,
why wouldn't you shoot minors? what is wrong ? why so against it ? it isn't as if they were the Plague .
I shoot them all the time.
The only people who have issues are the ones who cant comprehend that Females CAN be Photographed with out it have to have any type of Sexual nature involved .

And what does his Age have anything to do with it?
  Man you are typing as if he is about to commit a freakin Crime against Humanity sheesh dude Lighten up !


People shoot kids them all the time MM is the ONLY frakin PLACE I KNOW OF WHERE PEOPLE FREAK OUT ABOUT THIS !

Maybe my last comment was off base. The facts are why risk getting into trouble when you do not have to.  You live in a different world than most photographers on this site.  You have a reputation that has been earned.  We don't.  I do not understand why someone would shoot someone with any benefit to himself. 

Morally I do not think there is a thing wrong with it.  It is just the fact that we have to deal with people who will sue you or have you arrested at the drop of a hat.  You are right age has nothing to do with it.  I was wrong to ask but I needed a frame of reference.  Shoot he may be 15 year old  and that would make a big difference.

Jun 29 10 01:31 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

alessandro2009 wrote:
JWB you can use minor shoot on your port (see how many shoot of minor are present).
They are model, only need avoid some shoot (as for example nude), isn't a big issue.

He said he was not going to use them on his portfolio.

Jun 29 10 01:33 am Link

Photographer

Escalante

Posts: 5367

Chicago, Illinois, US

JWB wrote:

Maybe my last comment was off base the the facts are why risk getting into trouble when you do not have to.  You live in a different world than most photographers on this site.  You have a reputation that has been earned.  We don't I do not understand why someone would shoot someone with any benefit to himself. 

Morally I do not think their is a thing wrong with it.  It is just the fact that we have to deal with people who will sue you or have you arrested at the drop of a hat.  You are right age has nothing to do with it.  I was wrong to ask but I needed a frame of reference.  Shoot he may be 15 year old  and that would make a big difference.

Dude it is called BEING CAREFUL . WHY DOES ANYONE DO ANYTHING ?
You are coming across as if it was some dreaded act that would RUIN him.
How do You think I earned My rep ? 
BEING PROFESSIONAL AT ALL TIMES WHEN SHOOOTING ,
BE IT MONORS OR ADULTS.

Jun 29 10 01:35 am Link

Photographer

Escalante

Posts: 5367

Chicago, Illinois, US

JWB wrote:

He said he was not going to use them on his portfolio.

BIG DEAL !!!
OMG SEE THIS IS WHAT I MEAN !

lol wow chill out ! I have TONS OF SHIT I HAVE SHOT THAT ISNT IN MY BOOK !
I shot it because I WANTED TO ... It is part of being a photographer ...

Jun 29 10 01:36 am Link

Photographer

alessandro2009

Posts: 8091

Florence, Toscana, Italy

JWB wrote:
He said he was not going to use them on his portfolio.

Well is a free choice, i don't think that everyone post all the own shoot here on MM.

Jun 29 10 01:38 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

ESCALANTE wrote:
BIG DEAL !!!
OMG SEE THIS IS WHAT I MEAN !

lol wow chill out ! I have TONS OF SHIT I HAVE SHOT THAT ISNT IN MY BOOK !
I shot it because I WANTED TO ... It is part of being a photographer ...

I just made something clear to the other poster.  I am chilled out.  Please don't shoot me.  wink  He said it not me.

Jun 29 10 01:42 am Link

Photographer

Paolo D Photography

Posts: 11502

San Francisco, California, US

haha the situation really isnt that complicated.

1. have some sort of communication with the parents.

2. remember to keep interactions with the models professional and age appropriate.

3. provided you follow 1. and 2. you are at no more risk for false claims of he said/she said BS than with adult models.

Jun 29 10 01:43 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

ESCALANTE wrote:

Dude it is called BEING CAREFUL . WHY DOES ANYONE DO ANYTHING ?
You are coming across as if it was some dreaded act that would RUIN him.
How do You think I earned My rep ? 
BEING PROFESSIONAL AT ALL TIMES WHEN SHOOOTING ,
BE IT MONORS OR ADULTS.

Okay I agree with what you are saying.  What if they did not tell mom and dad where they were going or who they were going to be with.   Dad is a preacher or a red neck or something.  It is his only daughter.  They don't answer their cell phones and get gets late.  I still say avoid it.

Jun 29 10 01:47 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

Paolo Diavolo wrote:
haha the situation really isnt that complicated.

1. have some sort of communication with the parents.

2. remember to keep interactions with the models professional and age appropriate.

3. provided you follow 1. and 2. you are at no more risk for false claims of he said/she said BS than with adult models.

The key is communication.  I am just speculating because the OP has said nothing.  Shit it may be the daughter of his bowling buddy.

Jun 29 10 01:48 am Link

Photographer

Escalante

Posts: 5367

Chicago, Illinois, US

JWB wrote:
Okay I agree with what you are saying.  What if they did not tell mom and dad where they were going or who they were going to be with.   Dad is a preacher or a red neck or something.  It is his only daughter.  They don't answer their cell phones and get gets late.  I still say avoid it.

What if the Sky Falls ?
What IF The Hubble Falls on You ?
What if  .....?

a lil paranoid ?

DUDE IT IS CALLED TAKING PRECAUTIONS ,  ARE you NOT seeing what people are TYPING OUT
?

He is ASKING for Advice in this Regard , he is getting it . You are freaking out about WHAT IF 's 
ANYTHING can happen IT IS CALLED LIFE !

lol
I am out of here , like talking to a brick wall lol !

Jun 29 10 01:50 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

ESCALANTE wrote:

What if the Sky Falls ?
What IF The Hubble Falls on You ?
What if  .....?

a lil paranoid ?

DUDE IT IS CALLED TAKING PRECAUTIONS ,  ARE you NOT seeing what people are TYPING OUT
?

He is ASKING for Advice in this Regard , he is getting it . You are freaking out about WHAT IF 's 
ANYTHING can happen IT IS CALLED LIFE !

lol
I am out of here , like talking to a brick wall lol !

To find the truth there must be an opposing thought and the truth will lay in the middle.

Jun 29 10 01:56 am Link

Model

Danish delight

Posts: 691

Marina del Rey, California, US

so the parents have seen your port right ?

are the girls paying you ?

Why arent the parents going with them ?

what do you expect to get from the shoot if you wont use the pictures in your port ?

Jun 29 10 02:06 am Link

Photographer

alessandro2009

Posts: 8091

Florence, Toscana, Italy

Sara Lund wrote:
what do you expect to get from the shoot if you wont use the pictures in your port ?

Sara MM is a big forum but is only a very small port of the world lol
The OP ask simply advice, nothing more nothing less, isn't a matter to post on MM or not. wink

Jun 29 10 02:11 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

alessandro2009 wrote:

Sara MM is a big forum but is only a very small port of the world lol
The OP ask simply advice, nothing more nothing less, isn't a matter to post on MM or not. wink

If you think these questions are to much you should hear what my wife would ask if our daughter was going to get pictures taken.

Jun 29 10 02:20 am Link

Photographer

Kings Media Photos

Posts: 1939

Victorville, California, US

JWB wrote:
Man,  If the parents saw your portfolio you would be in deep shit.  Two nudes.

I thought this after I commented above...

Jun 29 10 02:20 am Link

Photographer

Razor Sharp Photography

Posts: 220

Aztec, New Mexico, US

OP..  "Scheduled to meet.." Odds of it actually happening..Not good. A-they are 16...can't drive..no parents envolved. B-ever dealt with a 16yr old..Jeesh! (I have kids that age) C-16yr olds have the attention span of a house fly and prob forgot they even talked to the photogrpher..

Jun 29 10 02:28 am Link

Photographer

alessandro2009

Posts: 8091

Florence, Toscana, Italy

JWB wrote:
If you think these questions are to much you should hear what my wife would ask if our daughter was going to get pictures taken.

Unfortunately i hear a lot more of what i like hear.
There are a lot of fantastic minor with a lot of potential don't expressed thanks to apprehensive parents.
There is a lot paranoia. hmm
See the ton of snapshoot present everywhere on the web.
It's a pity. hmm

Jun 29 10 02:32 am Link

Photographer

Patrick Walberg

Posts: 45198

San Juan Bautista, California, US

I'd be more concerned about photographing on the State Park land and getting fined for not having a permit to shoot than I would about the models being 16 years old.  If you get caught looking like you are a pro ... it's not good!   Dress and act like a tourist if you are going to have the Golden Gate in the background!

By the way, I've photographed many minor aged models with no problems ... with and without parents present.  No laws were broken.  Again, it's the thought of a park ranger thinking you are a pro shooting without a license that concerns me.  Shoot and run.  dress like a tourist.  Carry a light amount of gear.  Don't stay in one place for long!  I've shot around the park and GG bridge and know!

Jun 29 10 02:37 am Link

Photographer

JWB2

Posts: 5965

Evansville, Indiana, US

alessandro2009 wrote:

Unfortunately i hear a lot more of what i like hear.
There are a lot of fantastic minor with a lot of potential don't expressed thanks to apprehensive parents.
There is a lot paranoia. hmm
See the ton of snapshoot present everywhere on the web.
It's a pity. hmm

I agree.  With the parent behind the child the young models have great potential.  From what I understand Europeans are not as uptight as americans about these matters.

Jun 29 10 02:39 am Link

Photographer

barepixels

Posts: 3195

San Diego, California, US

Ask for parent permission. Don't try to be sneaky about it.

Jun 29 10 02:44 am Link

Photographer

alessandro2009

Posts: 8091

Florence, Toscana, Italy

JWB wrote:
From what I understand Europeans are not as uptight as americans about these matters.

A little less but don't think that here is the heaven.

Jun 29 10 02:45 am Link

Photographer

Orca Bay Images

Posts: 33877

Arcata, California, US

OP,

I've shot with minors with no parent (or anyone else) present, but only after trust has been well established in both directions.

You might not have any problems with these two 16yo's, but you're quite vulnerable to any claims they decide to make later. The fact that you're shooting them with no intention of using the pictures yourself could make you more vulnerable.

I'd suggest waiting until a parent can be in attendance or you can bring a hair or makeup specialist.

Jun 29 10 02:48 am Link

Photographer

Orca Bay Images

Posts: 33877

Arcata, California, US

ESCALANTE wrote:

What if the Sky Falls ?
What IF The Hubble Falls on You ?
What if  .....?

a lil paranoid ?

DUDE IT IS CALLED TAKING PRECAUTIONS ,  ARE you NOT seeing what people are TYPING OUT
?

He is ASKING for Advice in this Regard , he is getting it . You are freaking out about WHAT IF 's 
ANYTHING can happen IT IS CALLED LIFE !

lol
I am out of here , like talking to a brick wall lol !

Wow. It's pretty obvious that somebody here needs to chill out.

Jun 29 10 02:50 am Link

Photographer

alessandro2009

Posts: 8091

Florence, Toscana, Italy

I understand why ESCALANTE before was so upset, some days ago i open a topic about minor and someone reply on a very offensive way, so I think better avoid to quote sentences a little harsh.
So will be possible to avoid that the tempers heat up Ok?
Be friend everyone. smile
We are between adults.

Jun 29 10 02:57 am Link

Photographer

Strange Babes

Posts: 436

Los Angeles, California, US

StrawberryImages wrote:
I have scheduled to meet two 16 year old models. They cannot sign model release and their parents are not going to be at the shoot.

They asked me for an outdoor, casual shoot. Can I go ahead and shoot them outdoors, in fact, at the State Park.

I have read that it is better to avoid photographing minors but what is the law if I am not posting the images on my portfolio and it is all casual.

Seek advise from the photography community.

Kahn

I would just pass on it myself

Jun 29 10 04:51 am Link

Photographer

Wildman Photo

Posts: 219

Dixon, Illinois, US

Since when does a lawsuit require real charges?  I NEVER shoot someone underage without parental involvement.  All it takes is an angry parent and a lawyer with too much time on his hands.

Jun 29 10 04:59 am Link