Nude photography legalities

I am interesting in developing a body of work that includes nature

photography along with nudity, eg a waterfall and a nude woman.

 

Now my question is: is there special paperwork that you need to keep

in mind when setting up such a shot, releases, proof of age, etc.

 

Thanks

 

Hugh

If you plan to sell the photo you really want a standard release;

 

if she's looking close to 18 then xerox proof-of-age like a driver's license.

 

And you *must post a link to said photo here.

:)

I would want to see several examples.. just to make sure you got it all right :)

US Code: Title 18,2257 is what will most likely apply to you.<br>

You'll want to look at this page for more information about it:<br><br>

 

<a href="http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html">http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html</a>

Two things to note here. First, if you are on public property you can get caught and there will be a fine if not more involved. Second, I recommend a Nude Model Release that covers all the fine legalities of shooting nude images and what can be done with them. I also recommend (as above) that you validate the age and if you don't have a copier handy at least take a close up of the model with their license held up in front of them. Most magazines now require 2 forms of ID and that may be the way I'll go soon. If you are shooting on private land you should get a property release signed.

USC 18,2257 applies to works which depict "actual sexually

explicit conduct". Mere nudity isn't necessarily actual

sexually explicit conduct. If you're going to photograph

(or videotape) people actually having sex, and you intend to sell

the works in interstate or foreign commerce, then be aware of

those recordkeeping requirements. But a garden variety art nude

is unlikely to fall under that act's requirements.

<p>

Disclaimer: I'm not a lawyer, and you shouldn't rely on

non-lawyers over the internet for your legal advice. If in doubt,

it probably wouldn't hurt to go overboard in recordkeeping, even

if it's not legally required.

Hugh -

 

A lot of the respondents apparently interpreted your question to imply that you intended to photograph the model engaging in some sexual activities. I don't get that message in your question.

 

There are basically three issues. The first is that you really want to get a model release, regardless of whether you intend to ever use the image commercially. The reason for this is that a signed model release indicates that the model consented to the photography. Note that the model can rescind this consent at a later date, meaning that she can later impose constraints on how you use the photograph. But that doesn't negate the fact that she consented to being photographed.

 

Second, you want to make absolutely sure that your model is old enough to give consent. That means you want proof of age. Ask for a drivers license, make a xerox copy, or photograph it with a diopter, and file a print and the model release with your negatives in perpetuity. If your model is not old enough to give consent, you must get consent from her parents or guardians. Don't take any shortcuts on that one.

 

Third, thing about where you shoot. Some posters have noted that you need a location release if you shoot on private property. That may be true if the property is recognizable. Others have noted that you must not shoot on public property. I'm not so sure about that one - several of the workshops that I have done have taken place in an area controlled by the US National Park Service. I think the key is that you want to be discreet about what you are doing. If the model is a spectacle, you can expect to have some problems. If you are out of sight, there is generally no problem.

I just love the "body of work" bit - how appropriate !!!!

Come and photograph her in Ireland: we have waterfalls aplenty.

 

(But not right now - it's a bit nippy)

 

Sean.

Thank you for all the replies, you have been most helpfull.

 

Just to clear out the water, my intention is not to produce "porno type images" but artistic nudity type photographs on the great outdoors. Endeavor for which I have found no guidelines, even the so call "obsenity laws" are clear as mud in that regard, but your answer give a good starting place.

 

I'm glad somebody caught the "body of work" statement :-)

 

Thanks again

 

Hugh

All that was said applies to the USA only. Every different country has its own laws and the USA is perhaps one of the most restrictive apart from the Muslim countries. After complying with all the legal steps, please make sure you hire a talented model. There is nothing worse than expending time and effort to trek out into the wilderness and then getting lousy photographic results.

For inspiration, there's some nice galleries here, from the bermangraphics.com site:

 

http://infrareddreams.com/

All that was said applies to the USA only. Every different country has its own laws and the USA is perhaps one of the most restrictive apart from the Muslim countries.

 

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I know, that is why I posted this in the first place, pretty sad but true.

 

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After complying with all the legal steps, please make sure you hire a talented model. There is nothing worse than expending time and effort to trek out into the wilderness and then getting lousy photographic results.

 

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Agreed also, that's in step with a comment on another forum which stated that if you are going to work with models "hire a real model"

Only a fool would spend time on the internet and still consider that the US is overly moralistic when it comes to "policing" photography. The US does attempt to prosecute child pornography and the advice on assuring the model's age is valid.

<p>I contacted the FCC when i setup my nude photo site, and as far as they are concerned, there isn't much for regulations regarding nude photography websites. </p>

 

<p>You do need to include a 18 U.S.C. 2257 Statement. You can see an example of this on my site <a href="http://www.pocketthumbs.com">http://www.pocketthumbs.com</a> (its a tastefully done nude site for mobile devices, so no worries about porn)</p>

 

<p>If you end up licensing/selling the photos of this girl to other websmasters/content providers, then you will need to be able to provide proof of age to them. Otherwise, as long as you have a 2257 statement, you should be alright for public viewing.</p>

<p>

hope this helps,

</p>

<br>

- Todd

The FCC does not regulate, and has no authority over, the Internet in any way shape or form. You might as well have contacted the department of agriculture.

Mark, the FCC is strongly puching for authority when its displayed over a cell phone, which is why I had initially called them. I was prudent enough to tell them that this was a website, as well. I asked for who I should speak to and if they could please send me any information they had about nude photography appearing online or on a mobile device.

They sent me "recommended practice" documents for displaying nude photography online, and thats the feedback I presented here. :)

 

Thanks,

 

Todd

Agreed that March is a bit nippy to be doing nudes around waterfalls. Only ask a model to do what you would do as well. Hypothemia probably sucks so obviously be careful. As you asked an open-ended question, I have some specifices from thinking over the answers posted.

 

2-5years jail time sounds like a bad deal -- so it would be good to know would like to know about what is needed up in Canada. What are similar laws to that US law concerning records for sexuality in photography for the canadian legal system? There is are some new cases that are setting precident and changing laws regarding voyagerism and child protection leaving things a bit confusing if they don't define the laws to protect artists as well.

 

However, I'm not photographing any sexual acts. How are fetishes, nude body art and seductive semi-nude poses defined?

 

Although a photocopy of the drivers licence is needed, would at least the registration number of their licence be enough if written on a line of the model release? Are there any new nude model releases posted?

 

Parks are public property, how do they contrast to a photo session that is shot in a private studio?

 

Thanks for any help... Other then that, enjoy. The ancient Greek sculptors didn't have these problems but ohwell, democracy has changed from when Socretes was around.

Egad, I am suddenly THRILLED to be shooting outside of U.S. jurisdiction and more than happy inventing the reams of paperwork required by said jurisdiction (what is someone to do when in a country where legally and culturally the concept of Model Release might as well be a 3-headed martian with a tail???)...

 

However, in response to:

 

"Craig Gillette , feb 17, 2005; 12:39 p.m.

Only a fool would spend time on the internet and still consider that the US is overly moralistic when it comes to "policing" photography. The US does attempt to prosecute child pornography and the advice on assuring the model's age is valid."

 

Only a fool who has not shot and lived outside the U.S. could DOUBT the overly moralistic attitude towards nudity in the U.S.. Hell, I'm living in a society where strippers aren't even allowed to strip, but if I want to do a nude shoot in the middle of downtown during rush hour, it is a curriosity, but there is no moralizing or even legalizing about it.

 

The U.S. is VERY VERY conservative as far as nudity goes....and sex for that matter...

 

Anyway, because you ARE in the U.S., get a model release, get a copy of at LEAST one, but preferably 2 forms of ID...

 

ummm...(I can't resist)....and get a blood sample, retinal scan, and fingerprints while you are at it, never know when paranoia that the model is really a man might set in...he he he (just kidding :-p)....

I had time this afternoon on this four day weekend and was perusing past articles of interest. I noticed Louie Powell wrote above, "The reason for this is that a signed model release indicates that the model consented to the photography. Note, that the model can rescind this consent at a later date, meaning that she can later impose constraints on how you use the photography." Actually, it is my understanding that if you offer consideration, have a broad general release and no fraud or coercion was involved, the model CANNOT later impose any contraints nor can she rescind her consent. That is why you have a model release. Of course, anyone can litigate anything, but the courts have consistantly held a contract is a contract. And a model release is just a simple contract. That the model want's out later or wishes to amend the contract later is just too bad. That's why you get a model release!

for clarification to future readers: US Code 2252, 2256 and 2257 and all of Chapter 110 applies to protecting children and ALSO mentions over and over again that it is about depicting sexual conduct in children. Browse them carefully and you will find no prohibition on nudity of individuals under the age of 18, although convictions of various websites in the past have shown that a jury will be quick to call art "pornographic". These codes clearly put Miley Cyrus' implied nude bare back photo in the legal realm, and the controversy shows how many people don't understand the laws.

 

Juries have also convicted people by claiming they intentionally produced material with a model to look like they underage and depicting sexual conduct.

 

So therefore to the original poster (who posted in 2005, mind you), since these extensive laws ONLY apply to people under the age of 18, simply keep the US codes in mind, and keep records to verify your model's age. They shouldn't be a concern to you SINCE YOUR MODEL IS OVER 18 and BECAUSE YOU ARE NOT PHOTOGRAPHING SEXUAL CONDUCT there are no special federal laws about photographic nudity, you need a standard release form.

I accept your proposal.<div></div>