Legal risks of photographing minors at the request of parent? In an attempt to build my portfolio, I have agreed to several photo shoots free of charge while I work on improving my...

Pat F 4119 Loc: Branford, CT

In an attempt to build my portfolio, I have agreed to several photo shoots free of charge while I work on improving my off-camera lighting skills. I’ve recently been approached by a parent of 16 year old daughter interested in building a portfolio for a possible modeling career, but since I’m not a professional photographer (yet), and my instincts are telling me there may be some legal ramifications and risks that would make this a situation something best to avoid. I’m in the US, so I’m wondering if anyone here has had a similar experience or could offer some advice. If I were to move forward, I would insist that a parent be present during the shoot, and have a release signed, so I don’t know if I’m being overly cautious, but this can be a crazy world at times, and I’m wondering if it might be best just to pass on this one. Thanks.

Architect1776 Loc: In my mind

Pat F 4119 wrote:

In an attempt to build my portfolio, I have agreed... (show quote)

What you did is good. With parents today being as crooked as ever looking to use children for a fast buck they would likely screw you over with lies as well. A dilemma of the times. I believe I would today have a video camera runnin the whole time they are there from arrival to leaving as a record.
Impractical, perhaps, but I can see some greedy stupid parent setting you up for a lawsuit.

fourg1b2006 Loc: Long Island New York

I don't think you should give it up. You are absolutely correct to have a parent present at all times because she is a minor. And you must get a model release. Good luck on the shoot.

TN. Photo taker

There is no such thing as “overly cautious”. I would add a priest, a nun, a Baptist minister, two Presbyterian minister, and a Hindu if you can find one. Forget the Baptist in case someone wants to dance😄

GrumpyOldBeardGuy

Additionally, you could have a witness/observer of your own - a friend or relative who might be willing to go with you.

ottopj Loc: Annapolis, MD USA

I like video taping the whole encounter mentioned earlier. Better than a witness.

Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)

Pat F 4119 wrote:

In an attempt to build my portfolio, I have agreed... (show quote)

The only advice that is of any value, is to ignore anything you'll read here and speak to a privacy attorney who specializes in releases.

I will give you an example of why and how I dealt with it.

In 1969 I gathered a bunch of people to do a catalog shoot for a retail store in NYC. I found some attractive people, dressed them up in outdoor gear, and shot about 100 images (film days, large format). The catalog idea was abandoned and the pictures were never used for any reason. Any and all proofs were always in my possession and were never given to anyone. About 25 yrs later, I get a letter from an attorney, claiming I used a picture of her client, without permission, for commercial purposes, and she intended to proceed with a lawsuit for punitive and compensatory damages. The girl in question was 17 at the time.

I asked to see the image in question. It was of a young woman dressed in full skiing gear, in the snow, in a 1.5" single column advertisement in a magazine. I shot my pictures in September in NY, not a flake of snow in sight. I then proceeded to question this attorney as to why she thought that an image that was in a completely different context from what I had shot, not to mention that the face was maybe a 1/4" high and only vaguely resembled the complainant, was somehow her. I told her I had a model release, the negs and any proofs never left my possession, and I thought her entire argument was baseless. She wanted to see the negatives, claiming that somehow I had hired a graphic artist to lift the face off of one my my pictures and paste it into the advertisement. I countered with the argument that no one would have gone to so much trouble to do something like this for such a tiny ad, which was for a skiing destination and not showcasing the model, and aside from 1000s of stock images, they could have more easily shot the image they needed. I sent her the model release, with the parent's signature, and I never heard back from her, but not before she took a deposition, conducted by phone, from me.

So, yes, even if a parent "agrees" to have their child included in a portfolio, even for their own use, get the permission in writing. Have an attorney draw up a proper release. Be safe.

bobmcculloch Loc: NYC, NY

I like both the video camera plus an assistant there. Better safe than sorry

Pat F 4119 Loc: Branford, CT

Wow, this is what I suspected, you just never know about some people unfortunately. While I really appreciate the great suggestions so far, especially the videotaping idea, I’m thinking this is just not worth the hassle, because even if I am legally within my rights, I would still be required to bear the cost of a legal defense if I were to be sued. Also, I’m sure my creativity would be stifled if during the entire shoot, if I were thinking about whether I could be sued or not. I would really love to help a young person get a start, but unfortunately, I just don’t think it’s worth the risk. Very sad.

bobmcculloch Loc: NYC, NY

Pat F 4119 wrote:

Wow, this is what I suspected, you just never know... (show quote)

Or you could get famous, before shots, I think most of the risks are there even if she were not a minor, I'd want protection against harassment accusations mostly, the other model related stuff is going to be there anyway.

Morning Star Loc: West coast, North of the 49th N.

GrumpyOldBeardGuy wrote:

Additionally, you could have a witness/observer of your own - a friend or relative who might be willing to go with you.

My thoughts exactly, I'd even go a step further: female friend.
And I would write in the model release who is present.

DavidPine Loc: Fredericksburg, TX

One thing I suggest after you have the releases, videos, and others present is that you never touch a minor without seeking permission. I never touch an adult model without asking for permission. It's just a good habit to form.

DJ Mills Loc: Idaho

Gene51 wrote:

The only advice that is of any value, is to ignore anything you'll read here and speak to a privacy attorney who specializes in releases.

I will give you an example of why and how I dealt with it.

In 1969 I gathered a bunch of people to do a catalog shoot for a retail store in NYC. I found some attractive people, dressed them up in outdoor gear, and shot about 100 images (film days, large format). The catalog idea was abandoned and the pictures were never used for any reason. Any and all proofs were always in my possession and were never given to anyone. About 25 yrs later, I get a letter from an attorney, claiming I used a picture of her client, without permission, for commercial purposes, and she intended to proceed with a lawsuit for punitive and compensatory damages. The girl in question was 17 at the time.

I asked to see the image in question. It was of a young woman dressed in full skiing gear, in the snow, in a 1.5" single column advertisement in a magazine. I shot my pictures in September in NY, not a flake of snow in sight. I then proceeded to question this attorney as to why she thought that an image that was in a completely different context from what I had shot, not to mention that the face was maybe a 1/4" high and only vaguely resembled the complainant, was somehow her. I told her I had a model release, the negs and any proofs never left my possession, and I thought her entire argument was baseless. She wanted to see the negatives, claiming that somehow I had hired a graphic artist to lift the face off of one my my pictures and paste it into the advertisement. I countered with the argument that no one would have gone to so much trouble to do something like this for such a tiny ad, which was for a skiing destination and not showcasing the model, and aside from 1000s of stock images, they could have more easily shot the image they needed. I sent her the model release, with the parent's signature, and I never heard back from her, but not before she took a deposition, conducted by phone, from me.

So, yes, even if a parent "agrees" to have their child included in a portfolio, even for their own use, get the permission in writing. Have an attorney draw up a proper release. Be safe.

The only advice that is of any value, is to ignore... (show quote)

A bigger question might be who got the whole legal thing started. Did the girl "see herself" in the ad?

rgrenaderphoto Loc: Hollywood, CA

Pat F 4119 wrote:

In an attempt to build my portfolio, I have agreed... (show quote)

Go to https://thelawtog.com and find a contract that suits your needs. Insert language indicating that you are providing a professional service only, and are not responsible for how your product is used. If you are really concerned, and it is valid, have an attorney look over the downloaded contract and suggest changes.

Pat F 4119 Loc: Branford, CT

Great, thanks!