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.

©Copyright: Stephen Bennett, MMXIV
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Interesting Links:My Photography Webpage
Facebook page for Professional Photographers and Models
The Definite Article Photography and Video on Facebook
My Pond 5 Page
The Definite Article at Publicise Me

Rights of Various Participants in a Photo-shoot...

Part One: The Model´s Rights

Traditionally a photo-shoot involves two people: the model and the photographer.


 Other people are sometimes involved to complete various work necessary to making the shoot a success, the tendency being the more commercial the shoot, the more people involved.


Therefore what rights do these various people on a photo-shoot have, both during the actual shoot, and in the results of that particular shoot.

Also as many models, actors and photographers, makeup artists and really just about anyone, are often keen to get involved in many different roles within their industry, and therefore learn by actually doing, I offer the following summary of their ¨rights¨:

 

The Model/Actor

The model only has one right available to him/her to exercise; the right to the use of their ¨likeness¨.
They give the photographer permission to use their likeness for any lawful purpose, by merely standing in front of the camera, and allowing photographs to be taken, or by applying/attending to a photo call.

If it is a commercial shoot, or it is envisaged that the resulting pictures may be used for commercial purposes in the future, the model is asked to formalise this permission by signing a written ¨model release¨.

Shoots are often explained to a model verbally prior to a shoot, or at an audition, or in written form in a casting call. These conditions should be understood completely, considered carefully , and the requirements followed. Always ask if anything is in doubt or has not been explained adequately to your satisfaction.

Some shoot conditions often require nudity: and the model should always retain the right to the degree of nudity she is willing to allow.

It is always a good idea to state somewhere in writing, what you are prepared to do, and I (and most other professional photographers) have a question in my model information form which asks if a model is prepared to pose in swimwear, lingerie, topless or nude,
When these questions are asked, make sure that you answer definitely with ¨yes¨ or ¨no¨: if you wish to consider based on your future interaction with the photographer, state clearly that you will decide later, and make certain that you ask to amend the form at a later date.

If later, or  during a shoot a photographer tries to ¨convince¨ a model to go past what she has stated is her limit, he is actually violating your right to your likeness.

If however you take part in a shoot which has stipulated beforehand that a degree of nudity is required, you have no right to decline when it is asked for.

Technically also, and this applies to most professional photographers, and most shoots, models do not have  the right to review, or veto the use of any of the shots taken during the shoot.
Most photographers will allow or license a selection of the shots to the model for use in his/her portfolio, and for self promotion, although technically this is not required.
If the photographer is shooting for a specific client, that client may not allow the model any photographs at all.

Disturbingly to both professional photographers and models two trends have emerged recently:

• Photographers, mainly amateurs, but also those who should know better, have been offering, or promising ¨rights¨ to models that they are not in a position to offer, and that models are not entitled to. This is almost always under the guise of ¨considering the model´s welfare¨, but in reality is confusing to new models, as they go on to demand these ¨rights¨ when dealing with professionals, and as a result are quickly shown the door.

• Some models have landed themselves in very expensive trouble by selling prints of themselves which are copyright to others, or leasing their photographs to magazines, and thus breaching the copyright (and damaging the potential income, livelihood, and reputation) of the photographer who generally owns the copyright to all the photos taken during a shoot...one well known stable of magazines actually encourages this practice thus adding confusion to what is a clear cut case of copyright ownership.

Models do not own any copyright in photographs they appear in: and although there has been a great deal of waffle (especially on internet forums) about joint copyright, a professional photographer would rarely if ever consider such a logistical nightmare.

©Copyright: Stephen Bennett, MMXIV

Remember, that all photographs accompanying this blog are Copyright (All Rights Reserved) and may not be used for any purpose whatsoever without written permission from the photographer.


Interesting Links:
My Photography Webpage
Facebook page for Professional Photographers and Models
The Definite Article Photography and Video on Facebook
My Pond 5 Page
The Definite Article at Publicise Me

MODELS BEWARE!

If you can stop laughing that is...

  An experienced model can work confidently with any photographer, secure in her knowledge of the model release

Remember, that all photographs accompanying this blog are Copyright (All Rights Reserved) and may not be used for any purpose whatsoever without written permission from the photographer. 

Was shown a  ¨Model  Release¨ yesterday presented to a model acquaintance for signing by a ¨photographer¨ I didn´t know very much about.

Being experienced the model took one look, laughed and walked away from the shoot, but the document is indicative of much of the nonsensical paperwork floating around shoots in recent years.

Obviously cobbled together from ¨stuff¨¨garnered from interent forums and their resident experts, knowledgeable mates , and a bit of home spun ¨fairness¨  thrown in for good measure, the release consisted of  4 to 5 pages ( yes! really!) of psuedo legalistic terms and phrases , paragraphs compeletely contradicting the one before it, and  a liberal sprinkling of demands, obligations and ¨rights¨ for everyone involved.

I stopped reading when I reached a large section ( almost a full page) devoted entirely to the make up artist (?)...therefore I don´t know whether the studio cleaner, or the tea lady featured in the remaining two and half pages.

Part release, part contract, part ¨agreement to shoot¨ ( who uses those anymore? ), part control-freak egotism, and part utter nonsense, the whole document became all of them and none of them simultaneously, couched in meaningless gobbledegook.

However after interpreting the confusing and almost illiterate language of the very first statement, the penny dropped:

Basically it translated as  ¨This Release covers photographs taken for NON COMMERCIAL purposes ONLY¨

Are releases like these the result of complete ignorance, plain stupidity, or the overwhelming desire of people masquerading as photographers to appear as if they know what they are doing?

As the sole reason behind needing a ¨Model release¨ is to permit images to be used for Commercial purposes, why even attempt to bamboozle models, especially those with little or no experience, with such time wasting, energy sapping and delusional rubbish?

But then again it could be just an aversion to proper research by the photogapher into the accepted workings of his chosen profession.

In that case just how much does this aversion to knowledge about the necessary paperwork vital to their profession correlate with their knowledge and skill, in relation to techniques, creativity and marketting of their actual photography?

So Models, please dont encourage them.

Instead, check out what a  standard, and acceptable model release looks like, and what it needs to contain, and when and why it is necessry to sign one.

And if the one you are presented by certain photographers, varies too much from the norm, have an experienced  professional photographer check it out for you.

There is probably no need to go to the expense of a solicitor looking it over, because the concept of a model release is so simple that legal advice should not be necessary.


Then you too can confidently enjoy the thrill of laughing and walking away, when you need to.




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