Tuesday, July 30, 2013

Models: 18 and Under

There's been quite a bit of discussion between myself and a few photographers I hold in high esteem, particularly about new models and, more importantly: young models. More and more girls are starting out very, very young and while labour laws are important, even more important are the laws surrounding child pornography. These are particularly relevant to photography and not runway modelling (although I'm sure that issue has or will eventually come up).

There has been some debate because of the difference in the laws. The age of majority in Nova Scotia is technically 19, which means you need to be 19 to sign anything. Before you turn 19, a parent or your legal guardian MUST sign any and all documents for you, particularly release forms at photoshoots. This is very, very important, but can be confusing because after 18, you're technically not a minor. Now, this may seem conflicting to some people but these are the laws. (The age of majority isn't the same across Canada so rest of the list is here.)

So what does that mean? That means that when you turn 18, you are allowed to shoot nudes, but you still need a parent to sign the model release forms. Your parent/guardian cannot also act as the witness, another party must sign as the witness. The witness must also watch you or your guardian sign the document(s) and be able to declare that you are not being forced to sign these papers under duress. This is very important.

Now, as for the laws surrounding child pornography. From what I have found , you cannot take a photograph of a minor that is sexually explicit, sexually motivated, or that features any sexual organs/orifices/parts/bits/contraptions. This means no boxes, no boobs, no buttocks.

This is clearly outlined in our laws (in Canada that is) and is not a subject of much gray area for most, but a few photographers/models/concerned parents have posed the following question: what about implied nudes? What about silhouette shots? What about this and that?

The truth of the matter is this: I have no idea. I'm not a lawyer, my degree is in Fine Arts, Fashion of all things, and I cannot for certain find any official government documents to answer these questions (if you can, please send them to me immediately and I will update this post). As a model, it horrifies me to think that a minor may be participating in implied nudes and anything else that floats around in the "gray" area, as I do not consider it to be gray, but I cannot say for certain what the law dictates. I can say that if I were still 15, I would never, ever even consider letting a photographer take implied nude photographs of me, and all of the reputable photographers that I've worked with refuse to shoot anything suggestive with girls under 18, and even then. Most won't shoot anything suggestive with girls under the age of 19, just in case.

In my honest opinion, I wouldn't shoot anything suggestive if I were under 19. For a majority of reasons, sketchiness being the predominant reason, but also for the following: if you aren't sure of your career path it is unwise to have naked images taken of yourself. The internet is permanent in these days and anything you do will follow you for the rest of your life. Consider what you plan on doing with your life and then proceeding with caution. As I have said, there are no laws restricting you once you are 18, but you career choice is something to consider carefully.

I hope this was helpful, and while a dark subject, it is important to know. Keep this in the back of your mind as you continue modelling and keep your ears open in case you hear something questionable. Report anything suspicious to the police, no matter how small. Better safe than sorry, this industry is full of fun and wonderful people to work with but like all things, there are a few "guys with cameras" that make it dangerous.

If you have any questions do not hesitate to send me a message. I would be happy to answer any and all questions as best as I can. I am currently looking for a lawyer to answer the few questions I have, as well as questions asked by concerned individuals.

A little humour on the subject. And now for a tutorial: Zombie Barbie!

Be SAFE, be SMART, be awesome lovelies.

- Nicola Sasky

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