Marks Fine Art wrote:
Oh dear....here we go again.

I was in a hurry.  sorry to open a can of worms that's long been rancid

I Need a Light wrote:
Do yourself a favor. If you are concerned about what may be said about what happened during a shoot without the presence of a parent or guardian, DON'T shoot. Furthermore the location will be a big factor in the equation, if it's on location you have witnesses everywhere, if in private then you're guilty until proven innocent.

I'm not that concerned, to be honest.  I'm just curious what the law says or doesn't say.  I'll do a search, nobody else needs to say a thing...

thanks.

BBR PHOTOGRAPHY wrote:
Underage shooting is completely legal with or without parental consent.

OMG, here we go again.  The OP is from Maine, and I believe that what you have said is true.  However, YOU are from California and you better speak to your attorney.

Taking pictures of a minor is legal without a parent present or without consent so long as it is not for commercial purposes.  If you have hired the model for a commercial project (even if it is TFP), California law requires a parent to be present.  With video or under other certain conditions, you may also be required to have a studio teacher present.  If a studio teacher is required, that will be true, even if the minor is emancipated.

It gets more complex that than, if you are paying the model, they will be required to have a theatrical work permit.  Also, depending on the situation, the Jackie Coogan laws may come into play.  That mandates that the money be paid to the parent who must then open a trust fund in the name of the minor and then deposit the required part into the trust for to be held for the minor until he/she turns eighteen.

That is the reason why you will often see casting notices which read "legal 18 to play younger."  There are agencies which work with minors all the time, but they are well familiar with and follow California law to the letter.

There are other states with labor laws that affect minors in other parts of the country, but California is the toughest because of the film industry.

Shooting minors in California is fine and is done all the time.  But you need to learn and understand California law before you make the kind of statement you have.

On the other hand, if you have a portrait studio, a fifteen year old can walk through the door and there is nothing preventing you from shooting them. 

I think you need to speak to an attorney if you are going to work with minors in California on commercial projects.

PYPI wrote:
I've shot nude underage boys before. It's perfectly legal.

LMAO im sure you have

Emma Evans wrote:

LMAO im sure you have

You want proof? I'm not afraid to post it.

Leonard Gee Photography wrote:
Alan, I'm not sure, but as I remember it, some of the stuff you mention for California applies up to 15 years old. From 14-15 they must have a permit to work and must attend school full time (3 hours a day min.) 16-17 if they are exceptional students can get permission from the school to be exempt.

I hear what you are saying, but ... I think you need to do a little more research.  There are two different sets of statutes.  You are looking at the permit situation.  What is required for a permit changes based on age. 

There is a separate statute that covers the requirement for a parent to be present during a commercial shoot.  There was even a change back in 1989 which eliminated the exemption for emancipated minors.  They are now subject to studio teachers as are any other minor.  You are correct though.  Studio teachers are not always required.  It is based on a number of factors which is why I said in my post that a teacher is required in some situations.

There are some things in the law that are age affected.   As an example, if a model is under 16, the studio teacher has the authority to make "moral decisions" for the minor, including the ability to veto the decision of a parent.  What that means is that they can prevent a minor from doing something even if a parent consent.  They can't however, permit a minor to do something over the objection of the parent.

I am too tired now to dig up all the statutes for you, but if you look a little bit further you will find the rest of the statutes.  I have had to deal with this both as a producer (I have been a union signatory on more than one occasion) and in my experience with the agency.  There are actually some complicated issues and they are covered in different sections of the law.

I do appreciate the comments though.  I understand where you are coming from.

PYPI wrote:
You want proof? I'm not afraid to post it.

GO! why do i have a feeling it's naked babies...

Emma Evans wrote:

GO! why do i have a feeling it's naked babies...

Damn you're smart.

PYPI wrote:

Damn you're smart.

AWWWWWWWWWWWWWWWW
i want one.
but not yet. im much to young to go around producing babies.
yeah my mom taught me to think out of my brain not my ass. :]
your pretty smart too, you had me going until it hit me right when i was typing. :]