Paul Hunt Photography wrote:
The model does not need any one to go with her but it is best to cover your back side by getting a release signed by her parents. I also like to give them a phone call just out of respect. Pm me if you need a copy of a release form for minors

Paul

I am curious.........what is the legal age of consent in Australia?  In the U S it's 18 or 19 depending on the state.

Mark

Paul Hunt Photography wrote:
In terms of photography it is 16 as long as there is parental consent. In my release form it allows the parent / guardian to sign on the models behalf.

thanks for all the inputs! hmmm so if shes over 16 then its just like a normal shoot, no adult supervision is required?

I will see if shes willing to get her parents to sign some consent form.

Paul Hunt Photography wrote:
no supervision is required but parental permission is. So getting a signed release is crucial.

There is a difference between covering ones self and the requirements of the law.

I have shot many under 18's my rules are:-

Mum on set always.
I'm never alone with the model.
I never get closer than 1m of the model
Use Mum to 'move that stray hair' etc.
Modest dress of course.
Mum to sign release.

Tim

Louie Neira wrote:
Times sure have changed. Twenty years ago, I used to shoot minors in bikini and glamour sessions and never had much of a problem, if any.

yeh it happens

TA Craft Photography wrote:

There is a difference between covering ones self and the requirements of the law.

I have shot many under 18's my rules are:-

Mum on set always.
I'm never alone with the model.
I never get closer than 1m of the model
Use Mum to 'move that stray hair' etc.
Modest dress of course.
Mum to sign release.

Tim

+100%

BODYSHOP  FEETURES wrote:
I shy away from shooting minors.......but when I do, I insist on certain things.  They are as follows:

The minor must be accompanied by a parent or guardian that will sign an agreement that spells out how the shoot will be conducted.

Here are some of the points I insist on.

1: Parent or guardian must be in the studio 100% of the time and at no time will I be left alone with the model.
2. Parent or guardian must approve all poses and wardrobe.
3. Parent or guardian must sign a release at the end of the session that stipulates that the entire photo shoot was conducted in a proper and professional manor and that all poses were approved by them (parent or guardian) and that there was no co-erosion on the part of the photographer.

CYA........cover your ass.

I shy away from shooting minors and price my sessions very high.......if they want to pay.......then I make sure I cover my ass.   

Ciao,
Mark

The above helps, but still leaves you open on a few issues.


If the parent wants to cause trouble, he/she can falsely accuse you of inappropriate behavior towards the model.   It's your word against the parent's.    If you want better protection, have a third party present (perhaps an MUA or an assistant). It's less likely that the third party would lie on behalf of the parent.  This is why many doctors will always have a nurse or an assitant in the room when they examine you.

If you are concerned about violating child pornography laws, the above is irrelevant.  If your images cross the line then you have broken the law.  If the parent approved, you have still broken the law, they are accesories.


To me, the most important part of the agreement is where the parent makes a legally binding commitment to pay for your services.

Paul Hunt Photography wrote:
The model does not need any one to go with her but it is best to cover your back side by getting a release signed by her parents. I also like to give them a phone call just out of respect. Pm me if you need a copy of a release form for minors

Paul

.......are you kidding me ?? 17 is a minor !!

Michael Fryd wrote:
If your images cross the line then you have broken the law.  If the parent approved, you have still broken the law, they are accesories.

Where is the line and what Australian laws apply?

Let There Be Light wrote:

Where is the line and what Australian laws apply?

I am not a lawyer, nor am I familiar with Australian law.

I assume that they have child pornography laws.  Someone familiar with Australian law should be able to provide guidance on what would violate those laws.

In the US, child pornography laws make it illegal to take, posses or distribute pornographic images of minors.   I suspect that if a US citizen took pornographic of a minor in Australia, the photographer could be prosecuted under US laws.  (He certainly would not be allowed to bring the images back to the states).

In the US nudity of a minor does not automatically violate the law, and an image can be pornographic without nudity.

Andrew Thomas Evans wrote:
OP - Why do you need a release?

thanks everyone.

I dont think my image would be classified as pornographic in nature in any way or form... but one never really knows!

I dont think i need a release form as shes a client and she will be keeping the images for her private use

After all the feedbacks i will definitely get her to bring someone (possibly parents) and explain the shoot to her parents too.

Let There Be Light wrote:
Where is the line and what Australian laws apply?

Take Bill Henson for example. His models and their parents consented but his photos were still removed. He didn't go to prison or get charged.

If there is a solid contract and both the model and parent have signed it and there is a witnesses' signature, you should be good to go.
If you are really worried about it, have the parent be there at the shoot.

Amy Nelson-Blain wrote:

Take Bill Henson for example. His models and their parents consented but his photos were still removed. He didn't go to prison or get charged.

If there is a solid contract and both the model and parent have signed it and there is a witnesses' signature, you should be good to go.
If you are really worried about it, have the parent be there at the shoot.

Sorry but it doesn't matter what the contract says, The only time a release is useful to the photographer is if the images are used commercially or if the client is paying you for a photo which will be used non commercially and you would like to use the images,

you can legally sell a photo "art prints" of another person with out having a release or compensating the person if you own the copyright (you were not paid or was commercial job). If the client is paying you to take a portrait they own the copy rights to the images unless it is to be used commercially, If the model/client is paying you, you will need a release to use the images and in the release you need to say everything you will use the images for. If it is an unpaid shoot or you are paying the model no release is needed, unless you will use it commercially I.e use it in an advertisement.

all that matters is the images aren't sexual (poses, clothing), Bill Henson got away with it because there was no sexual nature to the image the young girl was only standing naked.

A contract that goes against any other australian law is worthless in court. e.g a parent signature on a contract that says they child can do sexual poses Is not a legal contract and The photographer if caught would still go to jail,

Street photographers legally sell thousands of prints a year with out having a release of people of any age because they are selling prints not advertising.


sorry its confusing I know..