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... (
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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?
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.
Pat F 4119 wrote:
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.
In an attempt to build my portfolio, I have agreed... (
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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.
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.
As I said, do the video. Although I am not offering legal advice, I am a lawyer.
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.
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!
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)
jaycoffman wrote:
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!
One contrary or limiting view. If you follow all t... (
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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.
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!
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