Legal risks of photographing minors at the request of parent? (Page 4): 😅😅😅👍👍👍...

gvarner Loc: Central Oregon Coast

TN. Photo taker wrote:

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😄

😅😅😅👍👍👍

Catnlion Loc: Arizona City, Arizona

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)

I can see this happening. My question would be now that we are in a digital age, no negative etc to keep locked up and with photoshop had by everyone how would you claim you never released the negative?

gmsatty Loc: Chicago IL

IF you are really concerned,and if you have the equipment, run a video of the entire session. That would be the best protection you can get.

Silverman Loc: Michigan

Pat F 4119 wrote:

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

It is a shame, some people are "Sue Happy", always looking to take advantage of others, for their own selfish desires, Although I love Photography, this is the aspect of taking images of People, private property, etc. that concerns me, I know Model releases and property releases are an essential thing in today's world, and also you have to make sure you have a witness for your own protection too, to counter any false accusations made against you as a Photographer. So, we as Photographer's must be cautious in our enjoyment of this Business or even as a Hobby, you never know who will strike out at you and attempt to make your day a real headache.

OviedoPhotos

Although this is a really nice gesture on your part, its too risky. Even with a legal release, video tape and witnesses present. The issue that I see as a mine field is what she will be wearing. Model portfolios usually include bikini or swimsuit photos. Meaning is she revealing lots of cleavage or leg. You could still be accused of taking lewd pictures of a minor. I know its a stretch but we live in a sue happy society and perhaps some DA will take up the case. Even if she was over 18, middle aged white guys get accused of lots of crap.

gmsatty Loc: Chicago IL

As I said, do the video. Although I am not offering legal advice, I am a lawyer.

Ron Dial Loc: Cuenca, Ecuador

Go to PPA and download a model release. ALWAYS get a model release. You would be amazed how fast good intentions can turn into litigation.

jaycoffman Loc: San Diego

One contrary or limiting view. If you follow all the possible paranoid procedures suggested you may as well give up photography. If you are to become professional you'll have to work out a system that works for your clients as well as you and if it's too cumbersome you'll soon have no clients. With a minor I think it should be mandatory to have a parent or parents present and have a release. The only other think I'd advise is meeting with the parents and model and go over the ground rules for the shoot and for how you'll handle the images after so you'll all be comfortable with what they want and want you can do. That would always be good for client relations and should overcome almost any attack on you later. Then just concentrate on getting the best pictures you can so you can start charging for your work. Good luck!

trainspotter Loc: Oregon

jerryc41 wrote:

I would pass on it, especially since the girl is sixteen and looking to be a model. I see the potential for bare skin and a law suit. You'll never go wrong suspecting the worst of people.

I too would pass on this shoot. (I do close family only, and STILL have an adult with me)

Denny45acp Loc: Sparta,Michigan

TN. Photo taker wrote:

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😄

Denny45acp Loc: Sparta,Michigan

Me too

wmrphoto

jaycoffman wrote:

One contrary or limiting view. If you follow all t... (show quote)

I agree 100% with this. If you are having trouble with this shoot, then I can’t imagine when you get a client that is really demanding.

tommystrat Loc: Bigfork, Montana

TN. Photo taker wrote:

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😄

E.L.. Shapiro Loc: Ottawa, Ontario Canada

I have been photographing kids of all ages- from toddlers to teens, professionally, for portraits, modeling portfolios, as fashion models on commercial jobs for over half a century and NEVER had an issue, a court case an accusatory kid or parent.

Of course, especially in this day and age and in view of all the scandals in the news, you must protect yourself legally and morally. With under-age folks, the parents or guardians must be involved and on site. Model releases are mandatory! You must also prepare a contract stipulating all the conditions, whether or not payment is involved. Contracts for "barter" or exchange of services are perfectly legal and binding. The client is going to be allowed to use your images for modeling or promotion (etc.) and you need to make certain that you can use the images for your portfolio, displays, sales promotions and/or instruction of other photographers- even posting your results here on the Hog.

I stipulate that the parent or guardian is responsible for assisting with dressing the model and any functions that requires personal contact. With female subjects I always have a female assistant on set- usually my wife. Usually again, my makeup and hair folks are ladies as well- I have a whole camera room full of the ladies!

I am well known in my area and also among the modeling agencies and schools and usually the folks come in highly recommended. If you are new at this, you need to start somewhere and build a reputation as an honest , trustworthy and ethical photographer.

With younger teens who are aspiring to modeling, I suggest the "girl-next-door" kind of attire- sportswear, perhaps a formal "prom dress", athletic wear, sports props, blue-genes and casual clothing, t-shirts, etc. modest and appropriate bathing attire is acceptable, however, I strongly discourage lingerie, extremely revealing clothing or undergarments. It's sensible- the recommend attire is indicative of the type of work that younger modes will be hired to do for catalogs, point of purchase posters, online sales sites, fashion shows, TV commercial etc.

@ the OP: Do you know theses people? Do they seem forthright and normal? Do you have any reason to be reluctant or suspicious? Do you feel that the kid actually has the poise and potential for modeling? You need to be up front with folks and discuss any issues or reservations that you may have so that everyone is on the same page. Mutual trust is essential in all business relationships and photo sessions will be more successful when everyone is comfortable with the deal, the environment and the photographer.

You ain't Harvey Weinstein, Bill Cosby or all the other bad guys in high places, in the news. Go with you gut and enjoy the business. If you do go professional you will be dealing with people of every age and gender- get used to it! Do the paperwork!

thephotoman Loc: Rochester, NY