Should I burn it?

[royall_berndt]

I found in my files a nude shot of a model who was 16. It was taken in 1984. Was the shot illegal then? Should I destroy the shot? It is a 3/4 back shot, so no pubic hair, etc. is shown.

[SCL]

Depending on what country you live in and what its laws were in 1984 and are now, should guide you. Many older photographers still have shots of their infant kids running around without diapers or in the bath, which was acceptable at the time, but no longer is. I merely suggest you be guided by your conscience.

[samstevens]

The answer to your question will likely depend on where you are.

 

SCL has good advice, though I would only recommend your conscience being your guide if it's strictly a matter of keeping the photos for yourself and there's no risk of their being found and misconstrued. You might have the best of intentions but still go wrong. If you're concerned about the legality, consult a lawyer. If you're concerned about the model and can ask her, do so.

[William Michael]

If you have the necessity to ask those two (business) questions, about a photo in your files then I suggest that you burn it.

WW

[invisibleflash]

Touchy subject. I was told you may be in the right. It comes under art. But if hauled in it could cost a fortune to prove innocence. These subjects are not easy to find answers to. In our 'cancel culture' people love to destroy others.

 

I have similar questions about zoophilia films. My archive has a few historic ones from 1930s to 1970s.I often wonder if l put them up at the Internet Archive if I would get hauled in.

 

News flash on TV...local archivist arrested for archiving 'Mexican Dog,' a 1945 film about a woman having sex with a dog!

 

Very hard to find out info. While zoophilia is not kiddy porn, it is not exactly legal either. There is a difference when it comes to modern vs historical material. But it is not cut and dried.

 

For me none of this matters. If it is social documentary and interesting...I archive it. But the busybodies don't always see it that way.

[samstevens]

In our 'cancel culture' people love to destroy others.

They also like protecting women, men (in fewer cases), and minors from abuse. Abuse is and has been out of control for some time and awareness of it is much more recently growing as it all comes out of the closet. It needs our attention and vigilance. At the same time, overreactions and canceling without sufficient evidence is getting out of hand. All of that is the 'culture.' Not just one aspect of it, no matter how good a sound bite or meme it makes.

[William Michael]

Moderator Note: This is the "Business of Photography" Forum.

 

Cultural, Social and Ethical matters are indeed relevant to Business and Businesses' best practice.

 

'samstevens' has eloquently and implicitly made that precise point, when addressing comments by 'invisibleflash'.

 

What we don't want is for this conversation to go off track, off topic and into a black hole.

 

Thank you all, in anticipation.

 

William

[movingfinger]

Abuse is and has been out of control for some time

...for some time??? I think what we today classify as 'abuse' has been in existence - and uncontrolled so out of control - since Adam and Eve or the evolution of homo sapiens (depending on your theology). But yes, awareness of it, and attempts to control it, is much more recent and growing. Hence the original question regarding a long ago photograph.

 

Hopefully this isn't too far off track.

[William Kahn]

Regardless of any legal or moral implications, remember the lurking lynch mobs hanging out in places like Facebook. Your choice....