Legal risks of photographing minors at the request of parent?
May 21, 2018 16:03:33 #
drklrd wrote:
I have been in police work and private investigation. You would really be surprised at the amount of crooked people who will take advantage of almost any situation. Best is to cover yourself and a video with sound is a good method. This is why a lot of police wear body cams these days. Even if they buy them out of pocket they use them.
With the proper releases, signed by the proper individuals there would be no problems. I shoot minor models on occasion and tell them they must be accompanied by a parent. That’s a parent, not a friend over 18 or 21.
A video is ok if you are paranoid but you had BETTER have spelled that out in the release and they are signing for that too. Don’t EVER video a session without a proper signed permission to do so, minors or ADULTS!
If you’re a paranoid type, GET OUT OF THE BUSINESS!!!
Yes you could get sued for anything but there has to be a lawyer thinking you have a case and willing to take it on not a cheap endeavor.
SS
May 21, 2018 16:48:08 #
fourg1b2006 wrote:
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.
Read “The Gift of Fear.” You’re being smart.
May 21, 2018 17:43:34 #
Tomcat5133
Loc: Gladwyne PA
This is a great question. A few thoughts. Under 16 is a minor in most states. Even though the modeling industry is
in love with these underage girls. That is being challenged by the fashion industry. That said maybe their should be
someone their. But my feeling is 16 year-olds are very savvy today so if you ask her to remove her blouse
I am going to guess she would say no. That said working with anyone in a shoot alone is difficult. Establishing
a rapport and getting good cooperation and results is the mission. Not easy with parents or their friends around.
So many of the famous models in fashion today started as younger teens and became wild childs.
Creatively I think our culture (at least in the US) has lost its mind. The movie industry has created a
sense of fear about everything a girl can do. In my advertising days we shot children for catalogues
etc and the mothers were impossible. Some of the shooter of commercials and stills were rude to the kids.
What we are doing is losing the art of photography of young people. They are humans.
So sorry for the philosophical but I would take the shoot if you would cast this girl for shooting.
I would ask someone to be around or go for a cup of coffee at Starbucks and shoot.
It is an opportunity.
in love with these underage girls. That is being challenged by the fashion industry. That said maybe their should be
someone their. But my feeling is 16 year-olds are very savvy today so if you ask her to remove her blouse
I am going to guess she would say no. That said working with anyone in a shoot alone is difficult. Establishing
a rapport and getting good cooperation and results is the mission. Not easy with parents or their friends around.
So many of the famous models in fashion today started as younger teens and became wild childs.
Creatively I think our culture (at least in the US) has lost its mind. The movie industry has created a
sense of fear about everything a girl can do. In my advertising days we shot children for catalogues
etc and the mothers were impossible. Some of the shooter of commercials and stills were rude to the kids.
What we are doing is losing the art of photography of young people. They are humans.
So sorry for the philosophical but I would take the shoot if you would cast this girl for shooting.
I would ask someone to be around or go for a cup of coffee at Starbucks and shoot.
It is an opportunity.
May 21, 2018 19:03:22 #
No doubt we live in a litigious society- it seems like everyone is suing everyone else. As others have alluded to, launching a civil lawsuit is an expensive matter what with attorney's retainer fess, ongoing costs, court costs and fess and this does not even include the loss of time in perhaps attending a number of preliminary legal proceedings and trial and the stress and aggravation involved. Being sued is one thing, defending criminal charges is quite another. If someone abuses a child or a minor individual, assaults them in anyway, they are not gonna be sued, they're gonna be arrested.
All the scandal that has recently surfaced in the news, sadly and unfortunately, most of the victims were not children but grownups- adults.
Offenders that abuse kids or anyone else and purveyors of child pornography should be dealt with and punished to the fullest extent of the law. I don't think that many normal, upstanding, honest photographers fall in to theses categories and I don't think they are perceived as such by the general public.
Of course, there has been many incidents of photographers being chased from school yards, playgrounds and beaches. When, however, you are working with clients in planned photo sessions you are not suspected of voyeurism or child abuse.
Remember also, normal innocent people (you) have protections under the law as well. A person bringing a frivolous lawsuit can be admonished by the court, have their cases dismissed or even be fined. Those defaming your character can be counter-sued and subject to damages. Bringing false criminal charges and engaging in extortion are criminal offenses as well.
If you aspire to professionalism, act like a professional. Vet you clients, protect yourself with the proper documentation and get on with your business.
All the scandal that has recently surfaced in the news, sadly and unfortunately, most of the victims were not children but grownups- adults.
Offenders that abuse kids or anyone else and purveyors of child pornography should be dealt with and punished to the fullest extent of the law. I don't think that many normal, upstanding, honest photographers fall in to theses categories and I don't think they are perceived as such by the general public.
Of course, there has been many incidents of photographers being chased from school yards, playgrounds and beaches. When, however, you are working with clients in planned photo sessions you are not suspected of voyeurism or child abuse.
Remember also, normal innocent people (you) have protections under the law as well. A person bringing a frivolous lawsuit can be admonished by the court, have their cases dismissed or even be fined. Those defaming your character can be counter-sued and subject to damages. Bringing false criminal charges and engaging in extortion are criminal offenses as well.
If you aspire to professionalism, act like a professional. Vet you clients, protect yourself with the proper documentation and get on with your business.
May 21, 2018 20:41:47 #
NCMtnMan
Loc: N. Fork New River, Ashe Co., NC
Just read all these comments. All I can say is shoot landscapes, wild animals. birds and flowers. None of them will sue you! Good luck!
May 21, 2018 21:13:35 #
AlfredU
Loc: Mooresville, NC
Pat F 4119 wrote:
Wow, this is what I suspected, you just never know... (show quote)
Unfortunately, that is probably a wise idea. No one mentioned how uncomfortable the young lady might feel wit the video camera and all the witnesses. Photo shoots are hard enough as it is. Too bad you can't help them out.
May 21, 2018 21:48:41 #
jaycoffman
Loc: San Diego
Good grief--I can't believe the level of paranoia. It's like, yes, lawsuits are a real pain in the ass just like airplane crashes but air travel is generally a very safe bet even though people obsess over them when they occur and photographers take pictures of people every day without law suits and make people happy. If we give in to the paranoia we'll never get anything done. But, hey, that's just me...
May 22, 2018 02:22:33 #
ottopj wrote:
I like video taping the whole encounter mentioned earlier. Better than a witness.
If you do, you should mention in your contract that you reserve the right to videotape the sessions. Also clarify that the video is not part of your deliverables.
May 22, 2018 09:32:09 #
The voice of experience speaks.
jcboy3 wrote:
You can be sued for anything. I shoot minors freq... (show quote)
May 22, 2018 09:38:25 #
Yes: "But my feeling is 16 year-olds are very savvy today."
They educate and inform themselves via the Internet. And they start earlier than sixteen.
Still, a photographer must take precautions, as suggested and recommended here.
They educate and inform themselves via the Internet. And they start earlier than sixteen.
Still, a photographer must take precautions, as suggested and recommended here.
Tom Daniels wrote:
This is a great question. A few thoughts. Under 16... (show quote)
May 22, 2018 12:59:47 #
Gene51 wrote:
She brought the ad to the attention of her attorne... (show quote)
Problem: all democrats are attorneys and they all look to sue everyone. Too many attorneys in business and politics these days. Everyone sues everyone.
May 23, 2018 09:44:57 #
Tomcat5133
Loc: Gladwyne PA
The model release would not be legal for the young girl parents would have to sign.
The most abused publication of photos is the ones that are stolen online everyday.
Taken from sites and used all over the world. A friend of mine said it was pointed
out that a pic of his grandchild was seen in a foreign publication.
I appears our society has become so close minded and up tight that walking away
is the easy decision.
The most abused publication of photos is the ones that are stolen online everyday.
Taken from sites and used all over the world. A friend of mine said it was pointed
out that a pic of his grandchild was seen in a foreign publication.
I appears our society has become so close minded and up tight that walking away
is the easy decision.
May 23, 2018 13:18:37 #
Wow. I'm sure these views are born of experience, and perhaps with more time I will join them, but I have had great experiences with shooting minors thus far. I have required a minor release form to be signed, and the parent is always present, but I would never record the shoot. If I was that worried about a particular client, I agree with you, just not worth it.
I wanted to chime in and say that I have been thankful for the work I have done with minors, and it has been rewarding both in experience and financially. Best of luck to you in whatever field you choose to pursue!
I wanted to chime in and say that I have been thankful for the work I have done with minors, and it has been rewarding both in experience and financially. Best of luck to you in whatever field you choose to pursue!
May 23, 2018 14:12:49 #
Cheese wrote:
If you do, you should mention in your contract that you reserve the right to videotape the sessions. Also clarify that the video is not part of your deliverables.
Just a thought..... Your in house security cameras may be recording off site without you knowing they are. Most video cams used for security usually are always on and set to record in a loop. I have security cams inside and outside. Mine do not run on the internet on purpose but anyone with a remote access system should find out if theirs are always on. Chances they are always on especially if they can be accessed via the internet.
Jun 2, 2018 17:54:24 #
Get a photo release signed by subject and parent(s). Should be able to find forms on line.
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