Forums > General Industry > shooting a minor????

Photographer

Jerry Johnson

Posts: 15

Sumner, Washington, US

I was contacted by a 16 year old gal that wants to do a shoot.

I've worked with only two other under age girls and did the parental consent form, and had either the mom or an older sister accompany the model to those shoots.

However I am not really sure what the actual laws are concerning the shooting of a minor.  Does anyone have a link to the laws? 

Also was wondering what info some of you young models might have to share, about your experiences?

What are the guidlines that other photographers follow, how do you stay legal, and still work with a minor?

Feb 05 06 01:52 pm Link

Model

leila

Posts: 209

it was real good smile
i dont know the laws but in the UK you can shoot up to lingire as long as it is not sexualy prevocative

Feb 05 06 01:54 pm Link

Photographer

Vihao

Posts: 115

MCLEAN, Texas, US

I don't photograph minors nude or in lingerie.  It's not illegal to do either one, but it's not something I want to complicate my life with.  A model release helps too.

Feb 05 06 01:58 pm Link

Photographer

UnoMundo

Posts: 47532

Olympia, Washington, US

1) make sure that Mom or Dad is there..not brother sister etc.
get the ID of the model and the adult..models lie, they may bring someone  claming to be a guardian.
Xerox the IDs and KEEP them.

Under NO curcumstances fall for the .."I dont mind if you do a sexy shot"


I NEVER shoot minors without Mom or Dad, I dont care if they come with George Bush or the Pope.

People have 'memory loss' keep the papers!

Feb 05 06 01:58 pm Link

Photographer

Glamour Boulevard

Posts: 8628

Sacramento, California, US

conduct the shoot just as you would with an adult. Only difference is you can not do explicit nudes and a parent must be there if under 18. In some states a model can be 17 and shoot without a parent there but I would not shoot a minor without a parent present.

Feb 05 06 02:07 pm Link

Photographer

Tomi Hawk

Posts: 1649

Las Vegas, Nevada, US

Vihao wrote:
I don't photograph minors nude or in lingerie.  It's not illegal to do either one, but it's not something I want to complicate my life with.  A model release helps too.

Its NOT illegal to shoot minors nude ??? Hmmm .. lol .. ooook .. might wanna *look that one up* somewhere, sometime .. sooon. smile

I've worked with alotta minors myself .. accompanied.. not accompanied .. whatever .. it was just as professional as any other shoot .. albeit no nuddie stuff, or for that matter even implied .. just to be and STAY safe ..

But seriously dude .. look at the laws in your state .. I think you'd be in major doo doo if you indeed shot a minor nuuude .. ya think ? wink

Feb 05 06 02:07 pm Link

Photographer

Glamour Boulevard

Posts: 8628

Sacramento, California, US

Tomi Images wrote:

Its NOT illegal to shoot minors nude ??? Hmmm .. lol .. ooook .. might wanna *look that one up* somewhere, sometime .. sooon. smile

Many of us have, have a look through the forums. It is not illegal.

Feb 05 06 02:08 pm Link

Photographer

Jerry Johnson

Posts: 15

Sumner, Washington, US

does any one have a link to the laws?
is it a state law or a federal law?

does it make a difference if it for the models use only
or if it is for publication?

Feb 05 06 02:15 pm Link

Photographer

area291

Posts: 2525

Calabasas, California, US

Minors are best photographed in lifestyle settings depicting their age.  Anything less is a poor reflection on the photographer by those holding place in the industry.  The one exception is those already accepted into the world of high fashion by a well-established agency and the likelihood of you shooting them is slim unless you are on the preferred shooter list.

Feb 05 06 02:20 pm Link

Photographer

Vihao

Posts: 115

MCLEAN, Texas, US

Frank Cordelle did a series called "The Century Project" that has nudes of girls and women spanning all ages.  Cornell University hosted the exhibit for a week or two during my senior year there.  There was nothing illegal or morally reprehensible about it.

Feb 05 06 02:56 pm Link

Photographer

Special Ed

Posts: 3545

New York, New York, US

Tomi Images wrote:

Its NOT illegal to shoot minors nude ??? Hmmm .. lol .. ooook .. might wanna *look that one up* somewhere, sometime .. sooon. smile

I've worked with alotta minors myself .. accompanied.. not accompanied .. whatever .. it was just as professional as any other shoot .. albeit no nuddie stuff, or for that matter even implied .. just to be and STAY safe ..

But seriously dude .. look at the laws in your state .. I think you'd be in major doo doo if you indeed shot a minor nuuude .. ya think ? wink

No, It's not illegal. Strange as the law is, you can shoot them nude, but don't shoot them implied with their hands covering themselves...Because touching ones self is considered provacative....Go figure

Feb 05 06 02:58 pm Link

Photographer

Doug Harvey

Posts: 1055

Las Vegas, Nevada, US

To much drama for me.

I've done shoots in the past with mom sitting on the side and it was not big deal, but for the most part, I would prefer someone that is 18, 19+

Feb 05 06 03:01 pm Link

Photographer

Doug Jantz

Posts: 4025

Tulsa, Oklahoma, US

Vihao wrote:
Frank Cordelle did a series called "The Century Project" that has nudes of girls and women spanning all ages.  Cornell University hosted the exhibit for a week or two during my senior year there.  There was nothing illegal or morally reprehensible about it.

Interesting.  I Googled this and looked it.  Very well done.

Feb 05 06 03:06 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

Jerry Johnson wrote:
does any one have a link to the laws?
is it a state law or a federal law?

does it make a difference if it for the models use only
or if it is for publication?

There are both state and federal laws concerning these things...  The best advice anyone can give you is to consult an attorney on the matter...one who's job it is to represent artists, not one who does general law.

The issue is complex and you will likely hear a range of advice, as well as references to many laws and judicial precedents that contradict the laws.

So...consult an attorney.

Feb 05 06 03:10 pm Link

Photographer

BasementStudios

Posts: 801

Newton Falls, Ohio, US

Tomi Images wrote:

Its NOT illegal to shoot minors nude ??? Hmmm .. lol .. ooook .. might wanna *look that one up* somewhere, sometime .. sooon. smile

I've worked with alotta minors myself .. accompanied.. not accompanied .. whatever .. it was just as professional as any other shoot .. albeit no nuddie stuff, or for that matter even implied .. just to be and STAY safe ..

But seriously dude .. look at the laws in your state .. I think you'd be in major doo doo if you indeed shot a minor nuuude .. ya think ? wink

It's not illegal, you can go to Borders and the other larger book stores and buy photo books that are nothing but images of under age nude models.  There are two very famous photographers that shoot them all the time, unfortunetly I can't remember their names, because shooting and underage nude model just is not my cup of tea, but it is legal.  It's how the models are portrayed in the image.  Can be no sex acts either real or implied, no graphic views of genitalia, no touching the genitalia and so on.  It's definately an area that should be avoided.

Feb 05 06 03:13 pm Link

Photographer

Stefan Orenda

Posts: 11

Phoenix, Arizona, US

This is what is comes down to...

Don't shoot anything of a sexual nature AND don't shoot ANYTHING AT ALL without her parents signed permission.

Under 18, her parents have to sign and approve everything. If that happens you are safe.

Feb 05 06 03:15 pm Link

Photographer

Tomi Hawk

Posts: 1649

Las Vegas, Nevada, US

Ed Remington wrote:
No, It's not illegal. Strange as the law is, you can shoot them nude, but don't shoot them implied with their hands covering themselves...Because touching ones self is considered provacative....Go figure

Unfreakinreal! I know of Sam Haskins, and one a my favorite photographers of all time .. David Hamilton .. They're work is the main reason I never got into *high key* images, or tons of lights .. but seeeeerriously? I never knew that models under the age of 18 could be photographed nude .. I'm in Florida .. and I coulda sworn that there was some law about that somewhere .. hmmm wow ..
Okie .. whose under 18 in Florida .. that wants to do David Hamilton/Sam Haskins type a fotos?  smile Kiddin ..really .. I wont push my luck .. lol

America! What a Cuntry !

Feb 05 06 03:19 pm Link

Photographer

Craig Thomson

Posts: 13462

Tacoma, Washington, US

Hello again Jerry, 

I shot 7 models on Friday night during a benefit fashion show to raise money for a Cystic Fibrous patient. Of the 7 models, 3 were 17 years old, of the underage models, all had a parent come to the show and sign a release form (which all models did) plus I photographed the model holding their ID next to their face so I had record of who the model is.

On another note, a few months ago at one of the networking meetings you attended, we had two underage models attend from Portland OR. The models were accompanied by their mothers who read and signed the release forms for anyone that shot with the girls.
I’m shooting with another 17 yr old model in a few days and have the option of emailing my minor model release to them to have it signed and brought to the shoot by the model.

I don’t shoot nude, so I have no problem doing things this way.

Jerry, have you rsvp’d for the February meet and greet yet?

Hope to see you there,

Craig

Feb 05 06 03:24 pm Link

Model

Jessica Loren

Posts: 516

Baltimore, Maryland, US

https://modelmayhem.com/search.php?sear … ion=search

I've read them all...I'm 17. I have no interest in nude work but you don't always have to be nude to have a photo that may be too mature for someone's age or inappropriate. (That's of course you're choice as to how you see things.)
I hope that works. TONS of info and whatever.

Jess

Feb 05 06 03:30 pm Link

Photographer

Glamour Boulevard

Posts: 8628

Sacramento, California, US

Craig Thomson wrote:
I’m shooting with another 17 yr old model in a few days and have the option of emailing my minor model release to them to have it signed and brought to the shoot by the model.

This is one situation I will not get into with any model. I would never send an underage model a release for the parent to sign and then bring to the shoot. Are you not familiar with how kids forge moms or dads signature on a bad report card?Release forms are always signed in front of me, no exceptions.
I know of shoots where photographers sent a minor a release to have a parent sign and bring to the shoot cause "mom couldnt make it, so im gonna have to come alone". And well, turned out momma and daddy knew nothing about the shoot. Lets just say things went bad for the photographers after that.

Feb 05 06 03:30 pm Link

Model

Jessica Loren

Posts: 516

Baltimore, Maryland, US

Feb 05 06 03:34 pm Link

Model

Jessica Loren

Posts: 516

Baltimore, Maryland, US

https://modelmayhem.com/posts.php?thread_id=25024


Here's another good one too that touches on this subject a lot.

LOL..I feel helpful today!

Feb 05 06 03:53 pm Link

Photographer

Tomi Hawk

Posts: 1649

Las Vegas, Nevada, US

Jessica L wrote:
http://modelmayhem.com/posts.php?thread_id=25024


Here's another good one too that touches on this subject a lot.

LOL..I feel helpful today!

Thanks Jessica .. yes I agree .. quite helpful and quickly resourceful I might add smile
I shoulda KNOWN there were countless threads and posts regarding this subject on MM.

BTW lovely port you have .. ( I HAD to look wink ) in your image *BnW Blowin in the wind* .. I'm assuming you were *topless* in the image before cropping .. or whatever .. but .. is that what we're talking about here .. in terms of non sexual? I'm assuming yes .. however .. IF your nipples were indeed showing .. (which IMHO would not have made the image any better or worse) would that still be *legal* ?

I've done nudes for centuries .. well ok .. yaknowhatimean .. however, I never knew that well .. what I'm reading in those links .. I for one think its kina strange that America has'nt much to say about this (not that it bothers me one way or the other) but in other laws .. it seems we simply cant come to agreements on some of the more simple things .. ha!

Thanks again smile

Feb 05 06 04:03 pm Link

Photographer

Jay Bowman

Posts: 6511

Los Angeles, California, US

I don't shoot nudes, so that's never been an issue for me.  I do like for my photos to be sexy, but in the case of a minor, it's just not something I'm interested in doing.  I did some work for a hair salon and the models spanneda rangeof ages.  As such, I made sure that the sexier shots were only of models that fell into the adult category and the images of teen models were age appropriate.  As I've come to understand it, agency represented models can be a different story, as the clearance and expectation may be different.  But that's presently not within my realm of work, so I don't truly know.

As far as nudes of a minor... sheez, I'll never fully understand it.  For every cute girl who could potentially be shot nude, there's a grown woman who looks exactly like her.  With that in mind, why even bother with the complications of shooting a minor?

Feb 05 06 04:09 pm Link

Photographer

John Lavery

Posts: 304

Manchester, Connecticut, US

Tomi Images wrote:
BTW lovely port you have .. ( I HAD to look wink ) in your image *BnW Blowin in the wind* .. I'm assuming you were *topless* in the image before cropping .. or whatever .. but .. is that what we're talking about here .. in terms of non sexual? I'm assuming yes .. however .. IF your nipples were indeed showing .. (which IMHO would not have made the image any better or worse) would that still be *legal* ?

My money says she's wearing a tube top. And if she wasn't, it's not illegal. Photographing a minor nude is only illegal if they are being depicted in a sexual manner. I don't understand why it's so difficult for people to grasp this concept...

Feb 05 06 04:10 pm Link

Photographer

Special Ed

Posts: 3545

New York, New York, US

John Lavery wrote:

My money says she's wearing a tube top. And if she wasn't, it's not illegal. Photographing a minor nude is only illegal if they are being depicted in a sexual manner. I don't understand why it's so difficult for people to grasp this concept...

Because us Americans are to busy shooting and blowing people up in our movies and video games to think about it tongue

Feb 05 06 04:14 pm Link

Photographer

Glamour Boulevard

Posts: 8628

Sacramento, California, US

Jessica L wrote:
http://modelmayhem.com/search.php?search=minors&action=search

More.

Jessica`s here! Everybody sssstraighten up!!

Feb 05 06 04:19 pm Link

Photographer

Tomi Hawk

Posts: 1649

Las Vegas, Nevada, US

John Lavery wrote:
My money says she's wearing a tube top. And if she wasn't, it's not illegal. Photographing a minor nude is only illegal if they are being depicted in a sexual manner. I don't understand why it's so difficult for people to grasp this concept...

Ha! Not difficult to grasp .. I'm just a confirm, confirm, confirm, confirm, confirm .. kina person .. and yes .. it has caused a lil *inconvenience* in my life at times lol .. however .. better safe then sorry .. smile

Feb 05 06 04:20 pm Link

Photographer

Craig Thomson

Posts: 13462

Tacoma, Washington, US

Glamour Boulevard wrote:
This is one situation I will not get into with any model. I would never send an underage model a release for the parent to sign and then bring to the shoot. Are you not familiar with how kids forge moms or dads signature on a bad report card?Release forms are always signed in front of me, no exceptions.
I know of shoots where photographers sent a minor a release to have a parent sign and bring to the shoot cause "mom couldnt make it, so im gonna have to come alone". And well, turned out momma and daddy knew nothing about the shoot. Lets just say things went bad for the photographers after that.

She’s a neighbor and lives 20 houses away, just that her mom was not home to hand the release to was the reason for emailing it.
As with some photo sessions, things have changed and her mother will be coming with her to the shoot.

Thank you for your comment.

Feb 05 06 04:20 pm Link

Model

Jessica Loren

Posts: 516

Baltimore, Maryland, US

John Lavery wrote:

My money says she's wearing a tube top. And if she wasn't, it's not illegal. Photographing a minor nude is only illegal if they are being depicted in a sexual manner. I don't understand why it's so difficult for people to grasp this concept...

You would be right! I was wearing a tube top.
I'm not interested in ever posing nude. It just doesn't fit in with my plans.
I think in a lot of people's eyes, you are what you shoot and that goes for models and photographers.
I want to model fashion and a little bit of glamour here and there.
If you're 16-17 and you want implied nudes, sexy shots and sexy lingerie shots, then don't act surprised if that is the type of photographer/model you will naturally attract. Especially if you have a couple already in your portfolio.

I also think some teens don't understand the laws and if you are approached by one, as a photographer you should either politely say no or if interested, explain the laws/rules to them.
I see nothing wrong with shooting a minor in underwear, IF it looks like a catalog ad like Penny's or something.
They shoot kids in their underoos and such all the time and it's legal.
I think we are all wise enough to know the difference.
smile

Feb 05 06 04:25 pm Link

Model

Jessica Loren

Posts: 516

Baltimore, Maryland, US

Tomi Images wrote:

Thanks Jessica .. yes I agree .. quite helpful and quickly resourceful I might add smile
I shoulda KNOWN there were countless threads and posts regarding this subject on MM.

BTW lovely port you have .. ( I HAD to look wink ) in your image *BnW Blowin in the wind* .. I'm assuming you were *topless* in the image before cropping .. or whatever .. but .. is that what we're talking about here .. in terms of non sexual? I'm assuming yes .. however .. IF your nipples were indeed showing .. (which IMHO would not have made the image any better or worse) would that still be *legal* ?

I've done nudes for centuries .. well ok .. yaknowhatimean .. however, I never knew that well .. what I'm reading in those links .. I for one think its kina strange that America has'nt much to say about this (not that it bothers me one way or the other) but in other laws .. it seems we simply cant come to agreements on some of the more simple things .. ha!

Thanks again smile

Tube top!LOL

Thanks for the compliments!

Feb 05 06 04:27 pm Link

Model

Jessica Loren

Posts: 516

Baltimore, Maryland, US

Glamour Boulevard wrote:

Jessica`s here! Everybody sssstraighten up!!

Oh you! Now cut that out!LOL

Feb 05 06 04:32 pm Link

Photographer

Glamour Boulevard

Posts: 8628

Sacramento, California, US

Jessica L wrote:

Oh you! Now cut that out!LOL

I just wanna make sure everyone is on their best behavior when you are here smile

Feb 05 06 05:00 pm Link

Photographer

artist

Posts: 294

Pittsburgh, Pennsylvania, US

Jerry Johnson wrote:
However I am not really sure what the actual laws are concerning the shooting of a minor. 



how do you stay legal,

Make sure they are in season, and your license is up to date.

Scott
aka Bodyartist

Feb 05 06 05:02 pm Link

Photographer

Scott Aitken

Posts: 3587

Seattle, Washington, US

Jerry Johnson wrote:
does any one have a link to the laws?
is it a state law or a federal law?

The reason you are not getting a straight answer is that there is no absolute black & white answer to the question. The relevant laws are indecency laws. Indecency laws are vague, and subject to interpretation based on "community standards". Obviously community standards vary from area to area. Nudity, even for a minor, is not automatically indecent. But if it is sexually provocative in any way (based on your community's standards), then it would almost certainly be considered indecent. Conversely, clothing does not automatically save you from indecency charges. There is one case (can't quote the case reference off the top of my head) of a close-up photo of a minor in panties that looks like she is touching herself, which was found to be indecent despite the fact that the girl was not actually nude. Therefore, indecency does not depend on whether or not the minor is clothed. It depends on how sexually provocative it is, depending on the community standards where you live.

To make it even more confusing, if you post photos on the internet, you then become subject to the community standards anywhere that your photos can be viewed. So a prosecutor from a conservative location could theoretically extradite and prosecute you for indecency for a photo which might be perfectly acceptable in your area. So if you have any questionable photos, it is prudent not to post them on the internet.

does it make a difference if it for the models use only
or if it is for publication?

None whatsoever. If a prosecutor sees photos which they deem to be indecent, you could be prosecuted, regardless of what you or the model intended to use the photos for.

Feb 05 06 05:11 pm Link

Photographer

John Lavery

Posts: 304

Manchester, Connecticut, US

Bodyartist wrote:

Make sure they are in season, and your license is up to date.

Scott
aka Bodyartist

Wabbit season!

Feb 05 06 05:12 pm Link

Photographer

NewBoldPhoto

Posts: 5216

PORT MURRAY, New Jersey, US

I’ve shot minors: check my portfolio Kimberly was 9 at the time of these photos.
These are my guidelines 210% non-negotiable. End of story

Minors must be accompanied by a parent or legal guardian (for the duration).
Both minor and guardian must present I.D.
I require a standard minor model release (ASMP)
I will be accompanied by an assistant (paid sub-contractor)
I reserve the right to be accompanied by an escort (friend/neighbor/any adult without a criminal record)
I reserve the right to terminate the shoot at any time without prior notice
Any person present at the shoot may terminate the shoot, at any time, without; prior notice, penalty or, fear of reprisal. No explanation required.

Everyone is made aware of these rules (hair and make-up people- everyone)

This is presented during the pre-shoot meeting and re-presented the day of the shoot.
This may seem paranoid but in the current social climate one allegation could finish your career even if you are exonerated (could also make your career, but I’m not interested in taking that route)
Regarding Nudes: No it is Not Illegal… No it is Not a Wise Idea
Check-out Jock Sturges’ bio I think it is available at Aperture.com

Feb 06 06 12:17 am Link

Photographer

Shutterbug5269

Posts: 16084

Herkimer, New York, US

The law might not specifically mention shooting minor models in the nude, but many have pointed out the part about "sexually explicit"  content of the photo.  Bear in mind YOUR definition of sexually explicit is not necessarily the measure being used.  It is the perception of the parent involved that is the measure.  If the parent sees the photos and objects to the law , release or no release you are in deep shit.

Most state laws do not SPECIFICALLY MENTION PHOTOGRAPHY, and are very broad and vague.  It generally comes down to if the parent of the minor involved wishes to make a case of it.

My advice is take the safe route and NOT do nudes of minors. 

Even if I am wrong why take the chance on it?

Feb 16 06 01:26 pm Link

Photographer

FabioTovar

Posts: 583

Culver City, California, US

First of all with some many many many many many many ... did I mention MANY "women" over 18 willing to do nudes why the hell would you want an under age?

1 REALLLY risky biz shooting an underager naked.
2 WHY?!
3 if it some sort of physical look of youth???? find your self a skinny small breasted 18 yo model with a baby face and call it a day...
4 WHY?!

Needless to say I think NATION-wide its a risky sticky biz and I for one REFUSE to shoot under 18 in studio.  and look at my stuff its really really tame non-sexual and i still wont do it.

Feb 16 06 01:39 pm Link