This thread was locked on 2010-02-23 06:03:33
Forums > Photography Talk > 15 year old implied topless.. What would you do???

Photographer

Bill Mason Photography

Posts: 1856

Morristown, Vermont, US

My thought on this subject is that the people that say it's a bad idea are probably unable to create such a photo without it taking on a sexual tone. That's not a put down of their work. It only means that when it comes to nudes or implied nudity, they lack the ability to envision anything other than glamour, fetish or erotic images. The model's expression (her gaze, her mouth, etc.), her pose, even the location and lighting contribute to the outcome...does the model appear to be sexually inviting/suggestive or is it a natural candid portrait? Photographers have the responsibility to control the factors in such a shoot in order to create the desired result. Some photographers just can't do that. If they are honest with themselves, they will admit it (at least to themselves) and avoid photographing minors. Some photographers avoid shooting fully clothed fashion when minors are involved. It's all a personal choice based on ability or comfort levels. It's not illegal in the U.S. with parental permission. I agree that it can be controversial because there will always be people that believe nudity at any age is vulgar, dirty, sexual, etc.
It's an individual choice based on your confidence in your own ability to create images that don't violate child pornography laws no matter where you live.

Feb 22 10 10:19 am Link

Photographer

Brooklyn Bridge Images

Posts: 13200

Brooklyn, New York, US

Chieffie wrote:

Indeed. I'm so glad I live in The Netherlands smile

This is why I said the advice received here would be pretty useless to you.
Too colored by irrational fears and a US centric view of the universe.

Feb 22 10 10:21 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Accurate Photos wrote:
Why take a chance there are plenty of over 18 year old that you can use and keep your self safe.  It's stupid since your asking you know you shouldn't.

All the other issues here aside (it not being illegal in the US, the OP being in a totally foreign country, etc), the first sentence here VASTLY amuses me since it shows a TOTAL lack of reading comprehension.  These people have approached the PHOTOGRAPHER and asked for the image, he's not trying to "use" anyone for anything.

Out of all the lunacy & hysteria threads on this topic produce, responses like this always make me laugh the most.

Feb 22 10 10:25 am Link

Photographer

Digital DJ

Posts: 76

Tulsa, Oklahoma, US

DO NOT DO IT!

That is all.

Feb 22 10 10:25 am Link

Photographer

Greg Easton Photography

Posts: 1082

Providence, Rhode Island, US

Chieffie wrote:
I am assuming the mom agrees. What would YOU do? She's paying for it, but normally I wouldn't shoot a 15 year old this way...

Here's what you do.  Say no.  Walk away.  Remember that SOMEBODY is going to see it as child porn and you'll be tried by a jury of 12 people not smart enough to get out of jury duty.

Feb 22 10 10:26 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

James T Parsons wrote:
In most states, the law says no nudity with underage models, her parents are not given the permission to say the law will not apply with my given consent.. Stay away from this shoot, it is not worth the worry...   jp

I DARE you to cite just ONE of these laws.  Your cite MAY NOT include the words "lewd," "lascivious," ore "sexual."

If you can post ANY such US law making "simple nudity" (especially IMPLIED nudity) illegal I will PayPal you $25.

Feb 22 10 10:26 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Grace M wrote:
It's always a good policy to leave the little girls alone. Her mother sounds like she doesn't have good judgment, and the girl is too young to make that kind of decision. Just my opinion.

You'd better tell that to all the 14-17 yr old girls (& the parents thereof) who get signed with mainstream fashion agencies & do shots like this.

Feb 22 10 10:28 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Greg Easton Photography wrote:

Here's what you do.  Say no.  Walk away.  Remember that SOMEBODY is going to see it as child porn and you'll be tried by a jury of 12 people not smart enough to get out of jury duty.

So you're familiar enough with the legal system IN HOLLAND where the OP lives to say this?  Do you even know if they use 12 person juries there?  Or what the child porn laws are?

Feb 22 10 10:31 am Link

Photographer

S W I N S K E Y

Posts: 24376

Saint Petersburg, Florida, US

James T Parsons wrote:
In most states, the law says no nudity with underage models, her parents are not given the permission to say the law will not apply with my given consent.. Stay away from this shoot, it is not worth the worry...   jp

while you sound like you know what you are talking about, you couldn't be more wrong....there is no state that outlaws photographing minors in nude or implied nude images..

they all have laws where terms like: sexual contact or simulated contact, lascivious displays of genitalia...are used, but none for simple non-sexual nudity.

Feb 22 10 10:31 am Link

Photographer

glamourglenn

Posts: 865

Lancaster, Pennsylvania, US

Ken Marcus Studios wrote:
Get a good lawyer . . .
Are your really that nuts to even consider this for more than a half second ?

shhhhhh, don't ruin all the fun.

Feb 22 10 10:33 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Doug Swinskey wrote:

while you sound like you know what you are talking about, you couldn't be more wrong....there is no state that outlaws photographing minors in nude or implied nude images..

they all have laws where terms like: sexual contact or simulated contact, lascivious displays of genitalia...are used, but none for simple non-sexual nudity.

We have to stop agreeing with each other Doug.  This's 2 threads in one day.  People are going to start to talk.  lol

Feb 22 10 10:34 am Link

Photographer

Jose Luis

Posts: 2890

Dallas, Texas, US

Id shoot it- whats the big deal?  An implied topless shot is not necessarily illegal and it doesnt have to be sexual

Feb 22 10 10:35 am Link

Photographer

Swank Photography

Posts: 19020

Key West, Florida, US

Chieffie wrote:
So here's the deal:

My colleague's daughter, 15 years old, s paying me to shoot her. My colleague, her mother, is also present. Now she has mailed me she wants to do an implied topless, much like this one:
https://photos.modelmayhem.com/photos/100130/17/4b64e08d5935d.jpg

I am assuming the mom agrees. What would YOU do? She's paying for it, but normally I wouldn't shoot a 15 year old this way...

Oh heeeeeeeeeeeeeeeeeeeeeelllllllllllllllllllllllllllllllll NO!

I'm too damn cute to be in prison over that dumb shit!

lol Shiiiiiiiiiiiiiiiit...my cherry ass would get flipped and tripped six ways from Sunday in prison! lol

So my final answer (in case you didn't catch it the first time around?)

NO.

15 could get you 20!

Feb 22 10 10:36 am Link

Photographer

Swank Photography

Posts: 19020

Key West, Florida, US

Jose Luis wrote:
Id shoot it- whats the big deal?  An implied topless shot is not necessarily illegal and it doesnt have to be sexual

Please read your words here lol

Feb 22 10 10:38 am Link

Photographer

A-M-P

Posts: 18465

Orlando, Florida, US

I would shoot it.

Feb 22 10 10:38 am Link

Model

Jenn aka Miss Rayne

Posts: 286

Broadmoor, California, US

Id say NO. Shes underage, and someone could nail you with child pornography even though the mother said it was ok. Don't put yourself in that spot. Too dangerous.

Feb 22 10 10:42 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Jose Luis wrote:
Id shoot it- whats the big deal?  An implied topless shot is not necessarily illegal and it doesnt have to be sexual

Swank Photography wrote:
Please read your words here lol

Yep, they're wrong.  The correct wording is "not illegal at all in any way, shape, or form, although IN THE US they might bring you unwanted legal attention."

Since the op is NOT IN THE US, but rather in HOLLAND, and I doubt any of us know the law there, these types of statements are pretty meaningless.

Feb 22 10 10:42 am Link

Photographer

Tony Lawrence

Posts: 21526

Chicago, Illinois, US

SLE Photography wrote:

You'd better tell that to all the 14-17 yr old girls (& the parents thereof) who get signed with mainstream fashion agencies & do shots like this.

Thank you, SLE.  Underage fashion and beauty models do full nudes (gasp)
Its not illegal here or Holland.  Yes we all know that 'guy' that innocent mope
who's serving five life sentences for shooting a under age nude.  Expect nobody
knows his name.  The case or state it happened in.  Key here though isn't
the law its the way people tend to view things.

That's the problem.  Lets say someone complained to the media.  A friend
of the family or like what happened in the Wal-Mart case where a mom was
arrested for taking cute nudes of her kids.  Nothing sexual.  The charges were
dropped after a few days.  The damage to their family may never be repaired.
How would most of us been seen by the general public when fellow artists think its
bad. 

Some one mentioned Miley Cyrus and her semi-nudes: http://oddculture.com/2008/04/28/hannah … nity-fair/
She and her family took some heat for that.  Now just imagine your a everyday
shooter not one connected to a major magazine.  You do some shots like she
has.  People see them and wonder....   That's the problem.  Illegal, no.
Maybe ruin you, yes.

Of course odds are it would never come to that.  I don't shoot children so
its not a issue for me.

Feb 22 10 10:43 am Link

Photographer

Sarah Pictures

Posts: 9

Destin, Florida, US

You should not do your daughter or anyone's at the age.

This business should be reserved for matured peoples for the right reason.

I have not respect for those who misuse children or others.

Feb 22 10 10:46 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Tony Lawrence wrote:

Thank you, SLE.  Underage fashion and beauty models do full nudes (gasp)
Its not illegal here or Holland.  Yes we all know that 'guy' that innocent mope
who's serving five life sentences for shooting a under age nude.  Expect nobody
knows his name.  The case or state it happened in.  Key here though isn't
the law its the way people tend to view things.

That's the problem.  Lets say someone complained to the media.  A friend
of the family or like what happened in the Wal-Mart case where a mom was
arrested for taking cute nudes of her kids.  Nothing sexual.  The charges were
dropped after a few days.  The damage to their family may never be repaired.
How would most of us been seen by the general public when fellow artists think its
bad. 

Some one mentioned Miley Cyrus and her semi-nudes: http://oddculture.com/2008/04/28/hannah … nity-fair/
She and her family took some heat for that.  Now just imagine your a everyday
shooter not one connected to a major magazine.  You do some shots like she
has.  People see them and wonder....   That's the problem.  Illegal, no.
Maybe ruin you, yes.

Of course odds are it would never come to that.  I don't shoot children so
its not a issue for me.

Yep.  I've always said in these threads it's not ILLEGAL but may not be a GOOD IDEA because it might bring unwanted attention.

The hysteria in these threads is to laugh, tho, and given that the OP is in a foreign country with different laws & different public standards it's just bizarre to see the people who ALWAYS ('cause there're a few people who jump in every one of these threads) post bad information about the US try & do the same for a foreign country too.  Bad enough they don't understand the laws in their own country, but they want to try & apply those misunderstandings to foreign nations?

GTFO.

Feb 22 10 10:47 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Sarah Pictures wrote:
You should not do your daughter or anyone's at the age.

Oh great.  The "your daughter" line.  *yawn*

Sarah Pictures wrote:
This business should be reserved for matured peoples for the right reason.

So you know this girl AND her mom & are certain neither of them are mature or doing this for the right reason?  What about Miley Cyrus & her family?  Kate Moss & her family, since Kate did FULL NUDES at that age?  What about any number of working fashion girls who do it?  YOU know they're ALL too immature & doing it for the wrong reasons?

What, exactly, ARE those "wrong reasons"?  Are there any reasons which, in your considered judgment, would be "right"?

Sarah Pictures wrote:
I have not respect for those who misuse children or others.

And how is taking a contracted job creating an image someone requests "misusing" them?

Feb 22 10 10:50 am Link

Artist/Painter

David E Parvin Studio

Posts: 51

Denver, Colorado, US

Why do so many forget that "implied nude" includes the word "implied" which means the "appearance of" or the "implication of" nude. the best definition I have seen is on the MM site for PvtShoots #1513104,
    "I am not taking my clothes off,but I will allow you to take pictures which don't show any   clothing, implying that I am not wearing any."

If the model is actually not wearing any clothing during the shoot but no nipples or vulva are seen in the photo, that by definition is not "implied" but is a "hidden or covered nude" as in
    "I will allow you to take pictures of me not wearing any actual clothing, but with some sort of opaque drape or prop (possibly including my limbs) covering a given area including my naughty bits."

An actual "implied nude" should not be a problem at all of a 15 year old. I would just take at least one photo at a angle which clearly shows the otherwise hidden clothing.
Dave

Feb 22 10 10:51 am Link

Photographer

Robert Winn Photography

Posts: 2097

Virginia Beach, Virginia, US

It would not be illegal in the US. You say it is not illegal in your location. It is strictly up to your own personal prefrences. As long as the mom is aware of the shots and preferrably present, shoot it if you are comfortable with shooting it.

Feb 22 10 10:52 am Link

Retoucher

ZARIHS RETOUCHER

Posts: 3022

Zurich, Zurich, Switzerland

just say no these kind of deals always end up like this

http://www.google.com.pk/search?hl=en&s … =&aq=f&oq=

Feb 22 10 10:52 am Link

Photographer

David Westlake

Posts: 1539

Mansfield Center, Connecticut, US

Shizam1 wrote:
I would read all the previous threads on under-aged models smile

Personally, myself, I wouldn't even consider it unless this is highly paid.  Plenty of 18+ models who will do implied topless.

Chieffie wrote:
It's not even that I want the shot.. She wants it... I can get plenty models myself, but she's paying me for it... Not top-dollar though, just  35,00 big_smile

35 Euros is not worth the controversy.

Feb 22 10 10:52 am Link

Photographer

Brooklyn Bridge Images

Posts: 13200

Brooklyn, New York, US

OP you really have to state in HUGE BOLD letters that you are not based in US when posting here.
SLE the hysteria actually makes me sad
The glut of ignorance....doesn't bode well for the future.

Feb 22 10 10:52 am Link

Photographer

DVine Studio

Posts: 442

Westbrook, Connecticut, US

I would talk to the mother about why it's not such a great idea and steer her in a different direction that will please her so you can still do the shoot, just something more age appropriate.

Feb 22 10 10:54 am Link

Photographer

glamour pics

Posts: 6095

Los Angeles, California, US

The most important point is that the OP is in Holland. Dutch laws, mores, and especially attitudes about nudity are vastly different than they are in the USA.

In the USA, shots like this could easily get the photographer in trouble.

Feb 22 10 10:55 am Link

Photographer

Eclectic Vision

Posts: 8281

Toledo, Ohio, US

If
1 The mother was there and signed any necessary papers.
2 The model's nipple area was actually covered by tape or something.
Then sure, I would. But I am also a young female photographer and not subject to as much scrutiny.

Feb 22 10 10:55 am Link

Photographer

S W I N S K E Y

Posts: 24376

Saint Petersburg, Florida, US

Robert Winn Photography wrote:
It would not be illegal in the US.

it's clear you have no idea what you are talking about...

Feb 22 10 10:55 am Link

Photographer

5th Element Photography

Posts: 659

Manteca, California, US

I wouldnt do it. Just my Opinion. I wouldnt want to even risk the chance of seeing an under-age girl topless. Its ok if others would shoot, but Its not my thing

Feb 22 10 10:56 am Link

Photographer

Scott Harrill

Posts: 305

Forest City, North Carolina, US

Since the mother and daughter have requested this from you they obviously trust you not to be a creep about it (which seems like you are doing here). If it makes you uncomfortable then don't do it. They will find someone else to do it.

The question here is whether you have the experience and the ability to do the job. This is no different than any other job that comes along. Do you second guess yourself about other jobs as well? - if so you might want to consider another line of work.

There is nothing wrong with photographing a 15 year old model. Happens every day - maybe just not with you.

Sounds like you do not trust yourself to do the job properly - so let someone else do it. No big deal.

Feb 22 10 10:56 am Link

Photographer

Robert Winn Photography

Posts: 2097

Virginia Beach, Virginia, US

zarihs wrote:
just say know these kind o deals always end up like this

http://www.google.com.pk/search?hl=en&s … =&aq=f&oq=

Talk about inflaming a situation with a irrelevent post. Nothing in the OP said anything about raping the model.

Feb 22 10 10:57 am Link

Photographer

P1Photography

Posts: 430

Ottawa, Ontario, Canada

Don't worry if you are comfortable with it or not worry about the courts and how they would view it.
Not worth it to me

Feb 22 10 10:57 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

zarihs wrote:
just say know these kind o deals always end up like this

http://www.google.com.pk/search?hl=en&s … =&aq=f&oq=

WTF?  Such things "always" end up in accusations that the photographer RAPED the model?

Even for a thread like this, and they're inevitably full of nonsense, this is beyond the pale.

Feb 22 10 10:58 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

DVine Studio wrote:
I would talk to the mother about why it's not such a great idea and steer her in a different direction that will please her so you can still do the shoot, just something more age appropriate.

Uh... Why isn't it a great idea?  I'm not saying it IS a great one, I'm just asking for your take on why it isn't.  smile

Feb 22 10 10:58 am Link

Photographer

Roy Hubbard

Posts: 3199

East Stroudsburg, Pennsylvania, US

I'd put a puritan hat on her before we shot it.

https://img696.imageshack.us/img696/5270/20095.jpg

Feb 22 10 10:58 am Link

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

5th Element Photography wrote:
I wouldnt do it. Just my Opinion. I wouldnt want to even risk the chance of seeing an under-age girl topless. Its ok if others would shoot, but Its not my thing

You'd have a hard time going to the beach, or even some public parks, where the OP lives then, 'cause where he lives underage girls are allowed to sunbathe & swim topless.

Feb 22 10 11:00 am Link

Photographer

robert b mitchell

Posts: 2218

Surrey, British Columbia, Canada

DON'T DO IT! You may end up being very sorry. I think the mother needs here head examined.  I have kids of my own.

Feb 22 10 11:00 am Link

Photographer

J Bennett Photography

Posts: 1270

Paramus, New Jersey, US

whats the difference between doing this or shooting the girl wearing a reveing bikini top.?
still not showing nip.

Feb 22 10 11:02 am Link