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Buskers in the UK under 18?


tony_p3

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Hi Guys, I have started a series for my portfolio on Busker's in my

home town. I do ask if it's OK first, tell them what it's for and

give a nice donation to their collection. So everything is easy

peasy.

 

Today I went out and did my usual thing and some even posed for

shots after I got the ones I was after. Now term has started some of

them are local arts and drama students, which is where my question

pops up it's head.

 

I am not in the slightest bit interested in taking shots of obvious

children, but does it matter if they are under 18 years of age?

 

Many thanks ... Tony

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Tony,

 

I have no idea what "Buskers" is. I am assuming there are some nude images involved. I don't know what else IS involved!

 

In the U.S., and many other countries, any photos of nudes or porn with persons under 18 is not accepted! No negotiation!

 

Be very careful. I would suggest that you do not post any images of such on Photo.net.

 

Some U.S. labs get very concerned...and call the police...even for innocent photos of babies in the bath!

 

I was a public school teacher (now retired), and, in the early 1980's I offered photo workshops in adult education programs in "figure" photography. No problem. Something happened in the U.S. with regard to tolerance of such artistic activities in the 1990's, and I dropped the nude workshops very fast because of my job teaching 5th grade children.

 

I offer this just to suggest that you should be VERY CAREFUL!

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Yup Tony you are straying into a grey area.

Officialy you can't take pictures of under 18's in the UK without the permission of the parents preferably in writing. Nor can you publish pictures of anybody without some sort of model release form or permission. That's how I understand it.

Now here is what I do, I think twice about taking photos of children, but when I'm at events etc I do, just try and look like a pro and most people will shove their children in front of you. Some will then ask who you work for etc.. a combination of a little bluffing and honesty will see you ok. I'd be very careful of shooting children in the street unless the parnets are known to you. As for realease forms etc, sod it, if anybody objects to you using a picture of them, offer then a good print, tell them you will pull/not use again the photo and hope for the best.

I hate all this crap, just try and use common sense and a little charm.

Meanwhile it's nice to have just been to a country where people are happy for you to take pictures of their children, only thing is none of the adults want their picture taken!

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<i>"Nor can you publish pictures of anybody without some sort of model release form or permission. That's how I understand it."</i>

No absolutely wrong, because for starters you'd never see a picture of anyone in your newspaper. In the UK the copyright act explicitly gives the photographer the right to publish and exhibit a picture. {search on google for Copyright designs and patents act and follow the link to HMSO to read the act}. Only if you have commissioned a photographer to take a picture of you can you stop him/her from publishing it. As the Douglas / ZetaJones vs Hello (or was it Vs OK) magazine showed there is no right to stop people publishing, or right to privacy per se under UK law - they won on breach of contract but not on invasion of privacy.

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Hi guys, mmmm my comment was a little sweeping now that I read it back. I should have said that the Law in England and Wales only restricts obscene pictures of juveniles (ie under 18). Technically unless a juvenile is the subject of a court case, committing an obscene act or the picture could be considered obscene, if they are in public place it is perfectly legal to take a picture. Of course in this wonderful age we life in an adult may punch you in the head.

 

Fortunately my original question was in relation to student busker's/street performers as it is a little grey as to if they are 18 or not. Strangely in most places their age is immaterial as most are committing an offense simply by performing in a public place without a license. Therefore street photography of them could even be classified as journalistic shots of illegal activity.

 

My understanding is the same as James although I'm not sure if it's the same for the whole of the UK or just England and Wales. Scotland does seem to have many laws of it's own.

 

I have also found out that in England and Wales a model release form is a agreement that can be produced if there is a dispute over publication of pictures of the model. However if a model who has been paid does not sign a release form, the photographer could technically still publish. There's an interesting bag of worms.

 

Tony

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