Is it child pornography?

[ZGMF-X20A]

I have some questions about taking picture of newborn/babies. Is it considered child pornography to take artistic picture of them if they are unclothed? How about taking a picture of the baby's first shower/sponge bath?

I have a few friends that ask me to take picture of their newborn/children, but so far I insist on taking the picture only if they have their diapers on or if they're fully clothed.

[weka2000]

I have some questions about taking picture of newborn/babies. Is it considered child pornography to take artistic picture of them if they are unclothed? How about taking a picture of the baby's first shower/sponge bath?

I have a few friends that ask me to take picture of their newborn/children, but so far I insist on taking the picture only if they have their diapers on or if they're fully clothed.

Nothing is porn untill you make it porn. If it is for the parents then it is them looking for natural photos of their baby with out the dippers.

I have a photo of my wife and 2 girls in the bath togather ......does that make me a porngrapher or a husband and father seeing all the girls having a fun time in the bath?

Personally I think you maybe reading a bit much into the request. However to thy own self be true.

[Pete]

In my opinion, it's not pornography, it's the way babies are supposed to be.

It does become pornography if you pose the babies in such a way as to look sexual or suggestive. If they're honest baby shots (and I'm sure they are), there's probably nothing to worry about.

If you're taking shots for friends, then it's probably just polite to include shots where the genitalia isn't visible. Those are the ones they're going to want to frame. However, baby's bums are always acceptable.

[ZGMF-X20A]

Thanks for the responses.

weka2000: I have no problem with the parents. I know that they are honest and it's not necessarily requests for a specifically nude picture. For example if I'm around with my camera and they're giving shower of the baby for the first time, they'd say "Do you mind taking picture of the baby's first bath?" or "Do you mind taking candid pictures of my baby and send it to me?". I know it's normal and honest request.

What I'm worried about is having the document on my hard drive. What I'm afraid of is when I am crossing the border and they inspect my laptop with an honest picture but misconstrued it the other way around. It maybe an honest shot for both me and the parents, but the custom may not see it that way. Especially recently there are rulings that any electronic items that contains any data is scannable/viewable by custom officers.

Another part I'm worried about is what if they post the picture on their blog/photo album/facebook, etc to share with other family members. Would that be a problem?

[ZGMF-X20A]

I may be a little paranoid about this, but I'd like to be on the safe side.

[Pete]

You're very unlikely to have any issue at all.

If it's fairly clear that you're a standard photographer, then portraits of naked little tushes won't cause any concern for any authorities. If, however, you put those shots on your laptop in with any hardcore material, then that may be of concern (but given a quick look at your website, that's not likely to happen).

Plus, if the parents decide to publish the photos, then that's their decision. You'll never be held accountable for where the parents decide to place them.

[ZGMF-X20A]

Thanks Pete. I'd like to think that there are good custom officials out there and those that we see on the Digg front page are just the oddballs

[weka2000]

Sounds like a lot of common sence has been spoken. Ah baby bottoms very natural.

Kids always run around with no pants on.

Often you see the mother holding the naked baby and mother is naked to, the baby concels the mother and the mothers arm concels the baby.
Great portraits.

Shame I didnt have digital when mine were babys. But thats life

[WMS]

Contivity, has a very valid point the law is quite unclear on this point, It seems that the intent of the photograph has a lot to do with the legal interpretation of whether a photograph is pornography or not. And just how do you measure intent?. my suggestion would be to avoid the genital area and any possible sexual connotation. I would also delete (with a shredder utility) photographs of any subject I thought might come close to being questioned form any computer which I knew might be examined by someone I didn't trust to have good judgment in this area.

I find it most amusing that some older churches have stained glass windows of sexually explicit cherubs (showing both male and female genitals) yet these are not considered to be questionable.


Wayne

[330cic]

I have the standard "baby in a bubble bath" pics of both of my kids, and I would not post them online because there is surely some sicko who would see them as sexual (even though none of their "privates" are shown).

Were they intended to be porn? Of course not. But that doesn't mean that the viewer won't use them as porn. So I'm erring on the conservative side.

[bildeb0rg]

You're very unlikely to have any issue at all.

If it's fairly clear that you're a standard photographer, then portraits of naked little tushes won't cause any concern for any authorities. If, however, you put those shots on your laptop in with any hardcore material, then that may be of concern (but given a quick look at your website, that's not likely to happen).

Plus, if the parents decide to publish the photos, then that's their decision. You'll never be held accountable for where the parents decide to place them.

Tell that to Ann Diamond...

[cosworth]

I don't really know what to type. I could sum it up with a plain old WTF, but that doesn't really illustrate my lack of comprehension of why this had to be asked.

[ZGMF-X20A]

I don't really know what to type. I could sum it up with a plain old WTF, but that doesn't really illustrate my lack of comprehension of why this had to be asked.

This question is asked with the increase intrusion by government on digital media when crossing the border. Recently there's a law passed that any electronic media (HDD, laptop, ipod, etc) can be searched by custom officer.

Now, my mom used to tease me about a shower photo of me when I was a baby, I believe is innocent and nothing wrong. Now if I bring my laptop across the border and it has a picture of my baby in the shower and the custom found it, will they consider that child pornography?

Or what if I'm taking a baby picture of my friend or client, and although I crop out the questionable area in the final product, but the master still retain the original uncropped picture picked up by custom officials during their scan of my laptop?

It's like getting a ticket for driving 56 or 57mph on a 55mph, but in much larger scale. If the custom official think that it's a problem, then you're wasting time, energy & money to resolve the issue even if you win in court.

As I mentioned earlier, I take the safe route, but I'm asking how others do it.

[vgk1nka1dx]

You know, I don't take photos of babies so I wouldn't know how to answer you Contivity, but to cosworth, I think this maybe an issue that needs to be talked about. How do you feel comfortable taking pictures of something that to you and say a client feels is so innocent but can turn ugly on you at the wrong moment. I don't have clients because I do photog for hobby because of my knowledge and skill, so I don't know about that particular situation, but when I was in the park with my kids the other day I had a guy come up to me and start asking me intruding questions because I was taking pictures of my son and daughter. Saying things like "what are you doing here?" and "are you taking pictures of kids?!" and going on as if I was a child molester. Well, I don't think I would be sneaking pictures of kids with a big ass camera and lens. I started to get an attitude with the guy until my son walked up and called me daddy. I simply looked at the guy and he had the dumbest look on his face as if he f**ked up. It didn't make me happy, it made me more upset because he made an ass-u-me umption. The photog/and or client may see it as innocent but there is always someone else that doesn't. In Contivity's point..the border. I'm not saying for them(authorities or well concerned for their kids citizens) not to do their job. It's just discouraging.