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Thread: Under 18 model legality

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    Under 18 model legality

    Hi all
    I'm currently putting together a swimsuit calendar to raise money for charity.
    I have had a model respond to my call for models that is keen to do the shoot but she is 17 is this a problem if her parents give their consent? Also one of the shots I would like each model to do has a suggestive nudity look to it but in reality it shows less thane the bikini. Would this be a problem?

    Thanks in advance
    It is easier to ask for forgiveness than permission.

    Canon 5D MKIII, Canon 550D, 70-200 Canon, 150-500 Sigma, 24-105 Canon, 50 Canon

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    Administrator ricktas's Avatar
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    Depends.

    What does this shoot entail? If she is just wearing a bikini then all should be ok. But if there is topless shots etc then you and her parents are walking into murky legal areas. You also have to consider the poses even in a bikini. The law regarding this refers to 'what a normal adult' would see as offensive. However there is no actual definition of what a 'normal adult' is. So it can be interpreted in so many ways. What I see as offensive, compared to a 70 year old avid church goer would be different. Which if us us deemed 'normal'. The law does not refer to actual sexual activity, but instead refers to sexual suggestiveness, which a pose could be deemed to be without any actual sexual content. So be very careful. It can even be a crime to take photos of a person who is over 18 but who is posed to appear younger. The law varies based on age, if the person is 15 or under, then the maximum is 15 years gaol, if they are 16-17 then it is 5 years. So the law does take into account that 16/17 year olds are considered more mature.

    "Child pornography is a picture of a young person (under18) who is:

    showing their private parts (including their genitals, anus, or breasts);
    posing in a sexual way;
    doing a sexual act; or
    in the presence of someone who is doing a sexual act or pose.

    It can also be a crime to take/share a nude/sexy picture of someone who looks like they are under 18, even if they are actually over 18 when the picture was taken.
    You also run into an issue where at 17 years old, she is probably capable intellectually of deciding for herself, and her parents signing the release could be deemed to breach her rights to choose her own direction. Sometime in future she could sue you, and her parents.

    Up to you if you proceed, but if it was me, I would not use anyone under 18 who is not in a position to sign any contract for themselves. The last thing you need is being called out as a child predator, etc, your reputation could be ruined forever, even if all was above board. It only takes one person to start complaining. Do you need that?
    Last edited by ricktas; 14-02-2014 at 8:47am.
    "It is one thing to make a picture of what a person looks like, it is another thing to make a portrait of who they are" - Paul Caponigro

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    Quote Originally Posted by ricktas View Post
    Up to you if you proceed, but if it was me, I would not use anyone under 18 who is not in a position to sign any contract for themselves. The last thing you need is being called out as a child predator, etc, your reputation could be ruined forever, even if all was above board. It only takes one person to start complaining. Do you need that?
    Wise words Ricktas and my sentiments exactly.
    Nothing different on this side of the world.
    My wife is the professional portraitshooter in the house with studio and all.
    Girls from the neighbourhood are often ringing at the door to aks for a shoot.
    We always send them away.
    As for me. it's just birds and bees for me.

    Greetings, Greengrass.
    Last edited by Greengrass; 27-02-2014 at 9:51am.

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    Moderately Underexposed I @ M's Avatar
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    Rick has summed it up just about perfectly.

    I will add few points from my own experience.
    #1 If you do go ahead with the bikini photos then either her parents ( one or both ) or her legally appointed guardian should be present.
    #2 You should hold a Northern Territory Working With Children Clearance Notice (assuming that the photography will be done in the NT ) or the relevant state permit / check /clearance.
    #3 Do NOT engage in photography with a minor that in anyway is suggestive of nudity or sexuality.
    Andrew
    Nikon, Fuji, Nikkor, Sigma, Tamron, Tokina and too many other bits and pieces to list.



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    Nope, I would not consider it for all the above reasons.
    Nikon gal



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