Photography

[goofyone]

I am a amature photographer and have done some nude photography. At some point in my life, I would like to turn it into more then a hobby, but not a career (dream). One thing I would like to do is ask fellow nudist if they would like photos of themselves. I would do this for free, just for experience. I know I would need a release if I ever wanted to put them in a portfolio, but if it is only for my practice and their personal use would I need a release, as most contracts that I have read talk about selling, ect...

But since I'm not very computer literate my concerns are since I am 100% digital, and I would never share the photos with anyone besides the model. What can I do to protect myself if the unforseen happens and somehow the photo made it onto the internet? Like if my computer got serviced and the tech found the photos and downloaded them and sent them out, or the model would send them out and blame me?

Also some have children, and with all the child porn issues I would not want to ever get into something like that. I know the easiest would be not to have children in any photos, but I think a parent and child bonding has the potontial to make a truely memorable photo that can become a treasure for years to come.

This is something I really want to do, but the thought of ramafacations scares me. Any help would be greatly appreciated.

Thanks

[swnudedude]

As a model with experience in the world of photography, I'd like to make a few comments.
Absolutely have a model release signed in any event (regardless of what plans you may have for those photos) The release makes it clear that you own the photos and that the model gave consent to be photographed. It really does protect both parties. We all take a chance in the digital age that our photos may "make it out" to the internet. Leave a watermark or trademark on all your photos which will let anyone know that they belong to you. Also use only smaller sized photos for the computer --the large sized files can stay on a CD rom.
I would have a special release created for the parents to sign if you want to photograph their ldren. I'd be real, real careful with that.

[Journeyman]

As a model with experience in the world of photography, I'd like to make a few comments.
Absolutely have a model release signed in any event (regardless of what plans you may have for those photos) The release makes it clear that you own the photos and that the model gave consent to be photographed. It really does protect both parties. We all take a chance in the digital age that our photos may "make it out" to the internet. Leave a watermark or trademark on all your photos which will let anyone know that they belong to you. Also use only smaller sized photos for the computer --the large sized files can stay on a CD rom.
I would have a special release created for the parents to sign if you want to photograph their ldren. I'd be real, real careful with that.

As I have been using model release forms since 1994 for naturist (adult) models who eventually ended up being published in nudist magazines (only), I agree with everything swnudedude has written.

Photos of naturist parents with their kids is, though, is a very special case in North America, and I would consult a lawyer if you plan on offering this kind of photography.

[Centauri4]

As you move from being an hobbyist in to something more than a hobbyist, you have to assume the greater "liability" for your practices. One of the first things I think of is NOT keeping the photo collection on a hard drive permanently installed in the computer. Buy an external USB hard drive and organize your images on it in preference to keeping them on the main hard drive ("C:\" in most cases). This is a good practice for ALL your digital data such as resumes, income tax data, anything downloaded from a bank (because many allow statements to be exported as Microsoft Excel spreadsheets), personal letters and retirement plans; all this data should be removed from your computer and locked in a fire-resistant box.

The best way to protect private and proprietary data is to remove it and lock it up. Period.

No anti-virus, anti-spyware or firewall software does a "perfect" job so you should think of your data as ALWAYS being at risk! Period.

Regarding the liability issue, it may be possible to get a "blanket" liability insurance policy from your home owner or renter's insurance company. I looked into this once after someone mentioned to me the additional risk of owning a handgun! If you even are forced to use one, everyone should know even if it was totally justified and "cleared" by the police, you can still be sued for wrongful death, loss of spousal companionship, and other things! This is a deadly serious subject and failure to take adequate protection could result in the loss of a primary dwelling and lifetime garnishment of wages, again, EVEN if you were justified in defending yourself or family member.

Loss of spousal companionship may even mean the person lived but could no longer perform the majority of their "spousal" duties and these lawsuits BEGIN at $10 million dollars (so I have been told).

I was quoted a liability insurance policy of $250,000 for $30-something dollars a year! A great deal like this is easy to recognize if anyone wants to know my opinion.

So you may be able to also get a liability policy protecting against the accidental release of digital data, I don't know, but think you should contact an insurance professional and get an official opinion. In the event a company does not offer such a policy, you might even ask if they would send a letter to put in writing that you asked and were told no such policy is available (at this time).

The only true "accident" in life is one nobody ever expected, and there are very few of these in actuality.

While working in the security business I learned and practiced the philosophy, "Plan for the worst and hope for the best."

~

[richinoregon]

I am a amature photographer and have done some nude photography. At some point in my life, I would like to turn it into more then a hobby, but not a career (dream). One thing I would like to do is ask fellow nudist if they would like photos of themselves. I would do this for free, just for experience. I know I would need a release if I ever wanted to put them in a portfolio, but if it is only for my practice and their personal use would I need a release, as most contracts that I have read talk about selling, ect...

But since I'm not very computer literate my concerns are since I am 100% digital, and I would never share the photos with anyone besides the model. What can I do to protect myself if the unforseen happens and somehow the photo made it onto the internet? Like if my computer got serviced and the tech found the photos and downloaded them and sent them out, or the model would send them out and blame me?

Also some have children, and with all the child porn issues I would not want to ever get into something like that. I know the easiest would be not to have children in any photos, but I think a parent and child bonding has the potontial to make a truely memorable photo that can become a treasure for years to come.

This is something I really want to do, but the thought of ramafacations scares me. Any help would be greatly appreciated.

Thanks

I have not seen any reply mentioning encryption. You need to get a program to encrypt your pictures such as PGP (available at PGP.com) You can encrypt your whole hard drive, or just create a virtual disk to store the sensitive data. I recommend PGP over other programs for the sole reason that their code is available to the public (for a price I believe) so that members of computer geekdom can check it out for vulnerabilities. There are several varieties of the program from free to enable you to encrypt your e-mail, clear up to enterprise level to manage many computers at once.

Any company which has personal equipment on laptops is required by law to have the disk drives to protect that information. What a difference from only fifteen years ago when it was illegal to do so. PGP was the primary mover to get those laws overturned.

[goofyone]

Thanks everyone.

I knew this was going to be more difficult then I expected. Another option I thought of is if my subjects would buy a memory card (or i prepurchase a bunch) and I would give them the memory stick right out of the camera? Then they could do whatever they want with the photos, and if they would share it with me for a future portfolio, then sign a release, for me. Like I stated originally, I just want experience and practice. And I would think that this wold absolve me of all liability, wouldn't it? Including if they wanted their children? But I don't want to have them for myself.

Like I said, I'm not anything near an expert on the computer, and all this is confusing to me.

[HabaneroSting]

This is a very good topic. As an amateur photographer I also share your concerns. Here is my view of the situation. Yes, get a release simply to prove that you have consent to take the photos and what the terms were. I understand your motivation to photograph families, but as others have said be very careful photographing anyone underage if a pedo-witch-hunt occurs. The standard is if a reasonable person would believe that it is pornographic, and as we know, when it comes to nudity most people are not reasonable. As for inadvertent release, any time you are photographed nude you are running the risk of the photos getting out into the wild. You can state that you will not release the photos to anyone, but if they do get out accidentally you are opening yourself up for a serious lawsuit. I would state that they are not intended for public release, which is different than you will not release them. In any case you should consult a lawyer for the proper verbiage to cover yourself. Finally, find models that don't mind being seen nude if at all possible. Shy nude models are opening themselves up for a ton of regret and anxiety and you are facilitating it. You would probably be surprised how many responses you get from an ad for nude models in the college paper or Craig's List. If you can pony up $100 or two you can get that first really good photo session that you can use for a portfolio to attract other models that like your work.

No matter what - encrypt your photos. You are right that an extremely large number of nude photos made there way onto the internet through repair shops. Macs come standard with many levels of data protection. All of my photos are in an encrypted folder inside a separately encrypted hard drive. Also, I use the Secure Empty Trash function which overwrites deleted files with random data and doesn't just remove it from the directory to be retrieved later.

Lastly, I would not just hand over a memory stick to a model. That really defeats the purpose. You want to experiment with Photoshop.

[blackrebel]

I hve been shooting for years. http://unseenyou.bravehost.com/

Dont sweat it at all. Item on the net are because you put them there or if your subject posts them. But if you post them, as the photographer, you have the right to use them as you see fit. But a model release is a good ideato clarify your position.

You can also find subjects on www.modelmayhem.com who will not charge and will do TFP (Trade For Print) or TFCD (Trade For CD).

Many nudists may not want to pose. Go figure.