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I've been getting a lot of request lately from models who are under 18 (16-17 mostly) to do shoots with them, I'm fine with this so long as they have a chaperone. The problem I'm having is that some of them want sexy lingerie or swim ware picture and I am not prepared to do this because technically they are still a minor and to me such images would be classed as indecent in English law.
Am I over reacting?
And looking at the portfolios of some of these girls there are other photographer that are happy to snap these kids in well not very much at all.
Thoughts?
Initial thoughts are protect yourself (and your business?) at all costs.
I don't actually know where the law draws the line so I'd not shoot lingerie/swimwear pics at all for this age model until I'm quite clear what's legally right and not, and even then I'd choose not to unless a major name brand had employed me. I'd also not shoot an over 18 model like this on her first shoot with me either.
That said clothing catalogues do shoot such images for all the right reasons so this is perhaps a good barometer of the line?
Also ask whether the chaperone is just their friend of a similar age - or is actually a trusted adult with some parental/guardian relationship. you don't want to annoy the family either. You don't want allegations after the event.
A few youngster's don't really understand the dangers and potential implications of such shoots, and you should be sure that you warn them of other's using photography as a front for the wrong motives.
One model asked me "this guy asked me to travel 2 hours to him on my own for lingerie & stuff shots, he said he'd pay me afterwards for my travel etc. He has no real profile to show - should i go?" Some people are really quite naive, models and photographers.
A few well known model websites i've seen have a no lingerie under 18 policy.
So say no if its not for a actual client job and help them understand that they should not just try someone else as its a risk to themselves.
I'd also be keen for more clarification from other though.
It is all down to interpretation, the law does not as such state that you cannot photograph minors in underware or swimware, it is all down to context, as even an image of a fully clothed youngster could fall foul of current law if it is deemed to be indecent or inapropriate. Most people avoid photographing under 18's in lingerie but swimware should be fine as long as it is in the right context e.g. on the beach etc.
One of the problems with our legal system is that there's rarely a definitive set of rules for us to consult and never a clearly drawn line that we can avoid crossing. Apart from things like obeying speed limits, of course!
Sometimes I think that the laws are framed in a vague manner so that the authorities can prosecute pretty much anybody for anything.
Paedophilia seems to be the new witchcraft so I'd just steer well clear of anything that might conceivably create a problem. A business reputation can take decades to build but can be destroyed by one hostile article in a local or national newspaper.
There are now so many "professional" photographers that your ertwhile customers have plenty of choice when your good name goes up in flames. For this reason, we strictly forbid any nude photography in our studio and it's gross-misconduct for any employee to break this rule.
Our rule is that any minor has to be accompanied by an adult or the cameras stay in the cupboard. All underage models should be chaperoned but with underwear shoots for a catalogue etc, you'd be wise to stipulate that the chaperone is a parent or guardian.
Personally for your own protection I would leave well alone and go nowhere near an under 18!
They will asking for a CRB check next. Keep well out of it. even with a chaparone forget it.
You are fine photographing people under 18 years of age. You see kids in magazines, in swimwear and underwear, but you need to make sure that a parent/guardian is present and you have a contract signed to state that the model and parent/guardian gives their full consent for these images to be taken. I would even get in touch with a magazine who does this type of photography and ask them there advice and maybe a copy of the contract they use.
Dave is right, its down to context. There was an article written but I cant find articles since the menu has moved and search doesnt bring it up. If I find it I'll link to it.
Quote: and hot shoot lingerie or swim ware on anyone under 18.
Unfortunate typo, given the context of the thread!...
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