Legal Question

[ILuvPix]

Not sure if this is the right place to ask, please redirect if needed.

What are the legalities of photographing a 17 year old in lingerie (covered, not topless, etc)?
Obviously I would have the parent's signed consent, etc.

I am more concerned with the fact that this world has turned into a bunch of paranoids in that all of us over 40 that have 25 year old pix of our kids in the bathtub when they were 5 should now be put in jail...

Or god fobid we accidentally take a picture of some random kid in a public place...bring out the noose

Thanks

 

[e.rose]

Um... This is one of those hints you should be talkin to a LAWYER about... Not us. The world is paranoid for a reason. Can't afford to talk to a lawyer? Then you can't afford to shoot a 17 year old in lingerie.

 

[e.rose]

*this is one of those THINGS^^^iPhone typo, haha

 

[ILuvPix]

I realize it is a legal question, however if there has been legal precedence set before, then there is no sense having everyone go pay a lawyer to research the same thing.

I was just wondering if anyone else had any experience (good or bad) and perhaps what legal precedence they had researched/used.

 

[e.rose]

Every location has a different set of laws. You haven't even indicated where you're from. If you'd rather take legal advice from a bunch of faceless strangers on the interwebz, be my guest, but if the parents of this girl, for example, try to sue you later, "Someone on a photography forum told me it was okay!" isn't exactly going to hold up in court.If she came to you... Go talk to a lawyer. If YOU found HER... just go find a different, 18+ model and save yourself the headache. I doubt very many people on this forum are going to tell you anything more than "go consult a lawyer."

 

[Big Mike]

Technically, if all the 'bits' are covered in the photo....I don't think it would be consider illegal in most places. But if there is some sort of sexual connotation, then all sorts of local laws may come into play.

I think that it's usually less of a legal issue and more of a moral issue. Do you think it's OK to shoot a 17 year old in lingerie? What would other people (your client base and/or community) think if they knew that you did a shoot like that?

Certainly, one doesn't have to look too hard to find examples. Just open up the pages of any teen media magazine/tabloid and look at the photos. I'm sure there are plenty of photos of say, Taylor Swift or Emma Watson (before they were 18) in various stages of undress.

 

[ILuvPix]

Technically, if all the 'bits' are covered in the photo....I don't think it would be consider illegal in most places. But if there is some sort of sexual connotation, then all sorts of local laws may come into play.

I think that it's usually less of a legal issue and more of a moral issue. Do you think it's OK to shoot a 17 year old in lingerie? What would other people (your client base and/or community) think if they knew that you did a shoot like that?

Certainly, one doesn't have to look too hard to find examples. Just open up the pages of any teen media magazine/tabloid and look at the photos. I'm sure there are plenty of photos of say, Taylor Swift or Emma Watson (before they were 18) in various stages of undress.

And that was exactly the intention, the same magazine type/style to which you referenced.
And agreed, there is the law, then society, and unfortunately for society, there are no base standards as there are in the "law".
Look at how much artwork over the past 1000 years has been recently and suddenly criticized as to its content. This conservative, bible-thumping crap makes me sick.

I am not asking you all for the legal advice/permission - I was simply asking if anyone had researched the "law" before and had a direction as to case-law in either direction to which they could cite.

 

[tirediron]

...I was simply asking if anyone had researched the "law" before and had a direction as to case-law in either direction to which they could cite.

Yes I have; I would like to think that as a photographer with no legal training whatsoever, I have a reasonably complete knowledge of the law as it applies to me and my work. However you are missing the point that 'Rose tried to make to you: Laws varie by country, province/state, county, and even municipality. There are a whole range of statutes that could pertain to this sort of work, and the only way to have any reasonable meaasure of security in today's litigous society is to CONSULT A LAWYER!

 

[skieur]

The basic legal question is: What constitutes a child in your particular area? If it is someone under 16, then you may be OK. If it is someone under 18 combined with extremely "conservative" child porn laws then there is a potential for problems.

skieur