Working with Under Age Models

Working with underage models is easy 

if all the rules and regulations are observed before and during the shoot.

Maybe it's the school holiday season, or maybe even the onset of spring “when the dirty old man's fancy turns to photographing nubile chicky babes”, but the Internet forums have had more than their usual share of questions along the lines of: “What do I do when an underage girl approaches me wanting to be photographed?”

The stories of recent years involving illegally obtained mobile phones with ensuing exorbitant bills, and illegally  obtained tattoos should be a pretty good indication.

However it seems that rather than the photographer going to the trouble of finding out the law as it stands in his region, state, or country, the question is thrown open to Internet forums and Facebook friends in the hope that if a good enough number of “Internet experts” vaguely agree with what he wants to do anyway, then it somehow makes it the right thing to do.

The responses are always strangely predictable, and fall into the usual distinct groupings:

• total ignorance of the law.

• total contempt  for the law.

• an interpretation of the law based on what  an individual would like it to be, rather than what it actually is.

• an egotistical interpretation where the law applies to everyone else, except ‘me’

• the mantra of the latent criminal: it is not illegal unless you are caught.

• an occasional lone voice who recommends checking with the appropriate authorities.

As it is also technically illegal to give legal advice when you are not qualified to do so, and I am not: therefore it is sufficient to indicate that the law  which applies (in most countries – CHECK for yourself!) revolves around the age of majority and/or consent (it does not only have to do with sex, y’know) and the inability of a minor to ‘contract’.

Therefore if you are a photographer, rather than a guy with a camera (GWC), it is advisable to first check the law as it stands: most laws and regulations are very specific and unambiguous: laws are generally only complicated and onerous to those who do not wish to understand.

My personal rule of thumb when approached for photographs by teens who appear to be  under the age of majority:

• Ignore most of them: most are not serious, and few have anything of interest to a professional or serious photographer anyway. (Just as not everyone can or should be a photographer, not every girl with stars in her eyes has what it takes to be a model – rule of thumb: an amateur photographer uses his friends and acquaintances to learn and practice; a fauxpro is desperate to get anybody in front of his camera, and it shows in his photos; a professional picks, chooses and rejects everyone except those with real ability or potential, and goes with the one model who is most suitable for his current project or vision.)

• If there is genuine potential, as well as signs of genuine interest and dedication, the parents should be referred to at the earliest opportunity.  It is the parents or guardian who you will be dealing with for all contracts, transactions, model releases, and required legalities, including  the most important: their Parental Permission (preferably in writing) for the photography to actually take place.

(It goes without saying that the girls who say they don't want their parents to know about it, or want to see if they are any good before they tell their parents, or they want to surprise their boyfriend with a professional pic, and even the seemingly innocuous “go on take a picture of me” that happens at public events: are all potential trouble with a capital T.)
I would still not go ahead unless I could ascertain in person that the parents were fully supportive, involved and, fully cooperative: those who seemed to be uninvolved, uncaring, or worst of all, meekly controlled by the kid’s whims would be an instant deal breaker.  At the opposite  extreme so would be the obsessive stage mum.

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