PDA

View Full Version : Documenting sex - would you take the gig?


Rachel B
29th of April 2010 (Thu), 17:48
I was contacted by a man who is looking for a photographer to shoot some nudes of him and female partner, after talking on the phone he also would like some to photograph sexual acts too.

Now the way I see it in my head if I were to take the shoot would be to try for high contrast black and white, documenting the 'session' and all its details-up close and personal (with a long zoom) taking inspiration from the family photojournalist (http://www.thefamilyphotojournalist.blogspot.com/) a raw and simple style that is straight to the point. i would image the session to take maybe 5 hours, so then I have to work out the cost too....

The potential client is having a hard time finding a photographer-his partner wants female, and I of course would not shoot something like this by my self-if I were to take the job (I see the headlines now-female photographer enticed to hotel room for photo shoot, found dead by maid the next day)

The client sounds like this is a once in a life time type thing for him and her, he is 57 she is a little younger, so I understand where he is coming from, just not sure if its something I should or will do.

So I posted a poll to see if you would do it, and please feel free to say how you would do it too.... or if you wouldn't do it why?

Thanks :D

CJM Photography
29th of April 2010 (Thu), 17:54
Considering you are a female, I would not, However if you were a man then I think it would be ok, as long as the client's girl is ok with it.

Todd Lambert
29th of April 2010 (Thu), 18:03
I don't really see what your gender has to do with anything. If you feel sqeemish about it, don't do it, or bring a friend, have someone call you during the session, etc..

As for taking the shoot, that's up to you alone. Is this something you're okay with, career-wise, morally, etc..

Me, I'd pass... simply because I don't want to see that (ewww!).

CJM Photography
29th of April 2010 (Thu), 18:05
I don't really see what your gender has to do with anything. If you feel sqeemish about it, don't do it, or bring a friend, have someone call you during the session, etc..

As for taking the shoot, that's up to you alone. Is this something you're okay with, career-wise, morally, etc..

Me, I'd pass... simply because I don't want to see that (ewww!).
Well I just think it would be awkward for a girl to be in the room with some random naked guy...

JeffreyG
29th of April 2010 (Thu), 18:07
Well I just think it would be awkward for a girl to be in the room with some random naked guy...

Somehow all the contributors to the glamor and nude photo sharing area have gotten over bing in a room with some random naked girl (usually a girl).

I agree with the above, gender of the photographer makes no difference with this request.

Todd Lambert
29th of April 2010 (Thu), 18:08
Well I just think it would be awkward for a girl to be in the room with some random naked guy...

heheh, okay. I still don't see what the issue is though. I mean, if the sight of some random naked guy bothers you, don't do it.

But, how does the same apply for a male photographer? I mean, isn't it awkward no matter whether you're a girl, a guy, photographing a guy, a girl, whatever. I mean, to most photographers that do nudes, it doesn't really matter about the nudity, I think the issue is more about the sex.

CJM Photography
29th of April 2010 (Thu), 18:09
Somehow all the contributors to the glamor and nude photo sharing area have gotten over bing in a room with some random naked girl (usually a girl).

I agree with the above, gender of the photographer makes no difference with this request.
Right but with G&N how many of the girls are having sex?

Rachel B
29th of April 2010 (Thu), 18:21
its probably going to have its not so pleasant moments, lol. but I am quite good at ignoring nasty stuff. That doesn't bother me (I dont think) I am intrigued though, and I am considering trying to find a second photog or convince them if they want the shoot bad enough they need to let me bring the person I choose with me (and give them opportunity to meet him b4 the shoot....)

I think one female photog and one male photog would be less strange than having one female or one male-kinda equals things out a bit.

Is it quite an unusual request?

va_rider
29th of April 2010 (Thu), 18:29
Right but with G&N how many of the girls are having sex?

I bet most of them are.... probably not on camera.... but they do have lives outside of the studio... :)

Mastamarek
29th of April 2010 (Thu), 18:31
wow. naked 57 year old dude in front of my camera ... really tempting but I'll pass ^^

CJM Photography
29th of April 2010 (Thu), 18:31
I bet most of them are.... probably not on camera.... but they do have lives outside of the studio... :)
Well duh:D But I mean as the photographer is taking pictures, I feel that it would be VERY strange even for a man to be alone in a room with 2 people "doing it" I believe it would be more strange for a woman to be there when the client may be attracted to the Photographer, that is where bringing a buddy makes sense.

Mastamarek
29th of April 2010 (Thu), 18:35
I would totally do it if they were two womenz ^^

Mark1
29th of April 2010 (Thu), 18:59
Depending on the pay I would have no problem accepting the job.

promocop
29th of April 2010 (Thu), 19:00
call me if you need a second camera

CJM Photography
29th of April 2010 (Thu), 19:05
Depending on the pay I would have no problem accepting the job.
Yeah I guess if they pay enough you could get over it.

FlyingPhotog
29th of April 2010 (Thu), 19:07
Gives a new meaning to the term "Backup Camera."

As in, how far can you back up?

I'd want to meet them face to face first (fully dressed please) and get some what, where, when, why out of the potential clients. I'd also expect to be paid in full up front.

CJM Photography
29th of April 2010 (Thu), 19:10
Gives a new meaning to the term "Backup Camera."

As in, how far can you back up?
bw!

suecassidy
29th of April 2010 (Thu), 19:11
Glamour and nudes is just that. what they are asking you to do, Isn't that called "porn"?

QueenChatty
29th of April 2010 (Thu), 19:12
I have no problem with the nude part but the rest no thanks.....not into porn!
If shooting nudes I still have an assistant present.

FlyingPhotog
29th of April 2010 (Thu), 19:20
Glamour and nudes is just that. what they are asking you to do, Isn't that called "porn"?

I have no problem with the nude part but the rest no thanks.....not into porn!
If shooting nudes I still have an assistant present.

From a slightly different tack...

Back in my dim checkered past, I used to work for a very large videotape duplication company and yes, we had some Vivid titles in our library but we also had another title that also involved full, frontal sexual activity but was as far from porn really as you could get: Playgirl's Guide To Better Sex.

It was incredibly well done from a technical standpoint (shot on film not DV, lit properly and not with a couple of Smith Victor worklights, the models were gorgeous [no Ron Jeremy "Hedgehogs" or 50DD boobs]) and was extremely sensuous without being raunchy. Full orchestra score and no Chica Chica Bow Wow...

I think the OP is on to something with B&W in a straight-forward documentary style. I think it could work provided neither of the participants turns out to be an axe murderer... ;)

Pennington
29th of April 2010 (Thu), 19:23
...I'd want to meet them face to face first (fully dressed please) and get some what, where, when, why out of the potential clients. I'd also expect to be paid in full up front.
+1

If they're willing to pay a fair rate - and I do think that this kind of shoot demands a premium rate - I'd be willing to do it. Or at the very least, to meet with them before hand and discuss it with them.

They may have very compelling, intimate reasons for wanting such photos - it may not be sketchy at all. There'd have to be a detailed discussion of exactly what kind of photos they expected from this, and I'd expect full payment in advance. But so long as that meeting went well, what's to lose?

Of course I'd be bringing a friend with me either way, just for safety. Call them an assistant and have them hold a light stand :)

FlyingPhotog
29th of April 2010 (Thu), 19:24
+1

If they're willing to pay a fair rate - and I do think that this kind of shoot demands a premium rate - I'd be willing to do it. Or at the very least, to meet with them before hand and discuss it with them.

They may have very compelling, intimate reasons for wanting such photos - it may not be sketchy at all. There'd have to be a detailed discussion of exactly what kind of photos they expected from this, and I'd expect full payment in advance. But so long as that meeting went well, what's to lose?

Of course I'd be bringing a friend with me either way, just for safety. Call them an assistant and have them hold a light stand :)

Or a Bat...

CJM Photography
29th of April 2010 (Thu), 19:27
Or a Bat...
+50,000 I love that Idea.

friz
29th of April 2010 (Thu), 19:29
I think it would be a fantastic opportunity. My biggest worry would be capturing the customers in a way that meets their expectations. Sex is very emotional and peoples peception of what they look like can be far different from reality.

friz
29th of April 2010 (Thu), 19:31
Glamour and nudes is just that. what they are asking you to do, Isn't that called "porn"?
Must be sad to live in a world where all that is erotic is pornographic.

suecassidy
29th of April 2010 (Thu), 19:31
It's a thin line between brilliant theory and stupid rationalization...and I'm not sure where the definition lies when it is applied to taking photos of two people having sex unless it is for a clinical textbook etc. It isn't Dr. Ruth who is hiring a photographer for illustration purposes, nor is it Hugh Hefner taking legit pictures of nudes. This is someone wanting photos of himself having sex with a younger woman (age is irrelevant though) for his own use, ostensibly. I would still call that porn though. Maybe he gets some gratification having someone watch, under the guise of "photography". In any event, personally, I wouldn't touch that with a seven inch pole. bad pun intended.

suecassidy
29th of April 2010 (Thu), 19:33
Must be sad to live in a world where all that is erotic is pornographic. I don't think that all that is erotic is pornographic. I just think this situation is pornographic.

Karl Johnston
29th of April 2010 (Thu), 19:34
Isn't there some legal restriction to shooting porn? Like a license or something..or a permit. Am I completely off there?

If you are uncomfortable then deny it. I would think they would ask someone who is experienced in boudoir and fetish photography or at least specialized in it to give them a product they would want.

think you made a typo on the "5 hours" too....at 57 years old wouldn't it be more like "5 minutes?" :D
http://www.instantrimshot.com/

Organic Treats
29th of April 2010 (Thu), 19:34
If they were 27 instead of 57 I would. That is going to be gross and very creepy.

jra
29th of April 2010 (Thu), 19:44
Very strange request.....my biggest question would be "why?". What are the photos going to be used for? I would personally pass....definitely not something I would want to be involved in.

suecassidy
29th of April 2010 (Thu), 19:52
Isn't there some legal restriction to shooting porn? Like a license or something..or a permit. Am I completely off there?


http://www.instantrimshot.com/ The only place in the US where it is legal to shoot porn is California, and only then if you have the proper permits. Of course, lots of people shoot porn without a permit, whether they are in California or not. Whether or not this situation is "porn" or not, remains to be seen. Personally, I think it is porn, others may think it is erotica. Depends how you define it. The definition I subscribe to is "Erotica is an artistic portrayal 'without open visualization of genital interaction'." Using that definition, this is clearly PORN. Erotica is one man's porn, and porn is one man's erotica. And around and around and around we go. Interesting discussion though.

thebishopp
29th of April 2010 (Thu), 19:54
All jokes aside...

The facts:

1. By most legal definitions it is going to be classified as Porn (based on the OPs description of actual sexual contact). Type will depend on how "intense" it gets and how much is shown in the photos ("softcore", "hardcore", etc.).

2. Since, if they will be having sex, or may be depicted as having sex, you need to check with your state laws regarding "porn" and what if any laws your state has against the filming or, as you say documenting, of "pornograhic" material. If they have some type of law against it and your involvement comes to light, you can claim "documenting" all you want but you will still probably get charged. You may say, oh but it's going to be kept private... the fact is you have no idea how your images are going to be used after you give it to them and all the arguing about contracts and semantics will not prevent a criminal charge if taking those photos violate your state law.

2. If you decide to do this you need an assistant to act as a witness as well as signed contracts with the pertinent details. Do NOT do this on your own. The fact is that all sorts of things could go down (no pun intended) and you could find yourself in a mess of legal or personal saftey problems.

Edit: Just saw SueCassidy's post (posted a touch before mine lol). Good advice.

CJM Photography
29th of April 2010 (Thu), 19:56
All jokes aside...

The facts:

1. By most legal definitions it is probably Porn. Type will depend on how "intense" it gets and how much is shown in the photos ("softcore", "hardcore", etc.). This doesn't mean that "porn" isn't art. There are quite a few "pornographic" images hanging in art galleries (keep in mind I am using "most legal definitions" of what "porn" is - afterall it is just a word).

2. Since, if they will be having sex, or may be depicted as having sex, you need to check with your state laws regarding "porn" and what if any laws your state has against the filming or, as you say documenting, of "pornograhic" material. If they have some type of law against it and your involvement comes to light, you can claim "documenting" all you want but you will still probably get charged. You may say, oh but it's going to be kept private... the fact is you have no idea how your images are going to be used after you give it to them and all the arguing about contracts and semantics will not prevent a criminal charge if taking those photos violate your state law.

2. If you decide to do this you need an assistant to act as a witness as well as signed contracts with the pertinent details. Do NOT do this on your own. The fact is that all sorts of things could go down (no pun intended) and you could find yourself in a mess of legal or personal saftey problems.

Edit: Just saw SueCassidy's post (posted a touch before mine lol). Good advice.
Basically what he is saying is "its so freaking complicated don't do it!"

Rachel B
29th of April 2010 (Thu), 20:05
Thanks for all the comments so far.



All jokes aside...

The facts:

1. By most legal definitions it is going to be classified as Porn (based on the OPs description of actual sexual contact). Type will depend on how "intense" it gets and how much is shown in the photos ("softcore", "hardcore", etc.).

2. Since, if they will be having sex, or may be depicted as having sex, you need to check with your state laws regarding "porn" and what if any laws your state has against the filming or, as you say documenting, of "pornograhic" material. If they have some type of law against it and your involvement comes to light, you can claim "documenting" all you want but you will still probably get charged. You may say, oh but it's going to be kept private... the fact is you have no idea how your images are going to be used after you give it to them and all the arguing about contracts and semantics will not prevent a criminal charge if taking those photos violate your state law.

2. If you decide to do this you need an assistant to act as a witness as well as signed contracts with the pertinent details. Do NOT do this on your own. The fact is that all sorts of things could go down (no pun intended) and you could find yourself in a mess of legal or personal saftey problems.

Edit: Just saw SueCassidy's post (posted a touch before mine lol). Good advice.

YIKES I didnt even think about the laws regarding this!!!

And dont worry there would have been no way I would have done this solo!

Rachel B
29th of April 2010 (Thu), 20:31
§ 18.2-374. Production, publication, sale, possession, etc., of obscene items

It shall be unlawful for any person knowingly to:

(1) Prepare any obscene item for the purposes of sale or distribution; or

(2) Print, copy, manufacture, produce, or reproduce any obscene item for purposes of sale or distribution; or

(3) Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or

(4) Have in his possession with intent to sell, rent, lend, transport, or distribute any obscene item. Possession in public or in a public place of any obscene item as defined in this article shall be deemed prima facie evidence of a violation of this section.

For the purposes of this section, "distribute" shall mean delivery in person, by mail, messenger or by any other means by which obscene items as defined in this article may pass from one person, firm or corporation to another.

friz
29th of April 2010 (Thu), 20:38
Unfortunately It is all about perception and who is offended by the images. When I worked for my father years ago, we had a show in a bank lobby. One of the pictures was of a young (but not too young) woman squatting on a stool wearing a mens shirt. It was lit from the side using window light in a large abandoned warehouse. I was obvious in the picture that she was not wearing any thing on her bottom but because of the single source of light her genitals were completely obsured in shadow. I developed the print and know for a fact that there was no photographic information in this shadow. I scrutinzed the negative and found that there was nothing there either. That's why we chose that picture for a public display. Wow, did it cause a scandal. People were outraged. The most outraged stared at it for hours until their minds conjured up images of labia, clitorus and (god forbid) pubic hair!

Myself, I would not be worried about shooting this couple after getting to know them and understanding their expectations. I don't find trying to document intimate emotion between two people in love as pornographic, but others might.

thebishopp
30th of April 2010 (Fri), 00:25
§ 18.2-374. Production, publication, sale, possession, etc., of obscene items

It shall be unlawful for any person knowingly to:

(1) Prepare any obscene item for the purposes of sale or distribution; or

(2) Print, copy, manufacture, produce, or reproduce any obscene item for purposes of sale or distribution; or

(3) Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or

(4) Have in his possession with intent to sell, rent, lend, transport, or distribute any obscene item. Possession in public or in a public place of any obscene item as defined in this article shall be deemed prima facie evidence of a violation of this section.

For the purposes of this section, "distribute" shall mean delivery in person, by mail, messenger or by any other means by which obscene items as defined in this article may pass from one person, firm or corporation to another.

You need their legal definition of "obscene". If I remember correctly (and if it is similar to how other states organize it) you should find it in the begining of the chapter (of that statute) under "definitions" or something to that effect.

If their definition of "obscene" covers what you are wanting to shoot then you have your answer and you could be charged under that section. Prima Facie means that if you meet any of the mentioned criteria it will be considered "as fact" and while not considered "conclusive" you will need to provide contradictory evidence and until you do it will be considered enough to support a judgement. Some call it presumptive evidence.

Cosha
30th of April 2010 (Fri), 00:35
Rach,

Aslong as you get some back up with you, and also pre meet the couple first time round then i think you will be ok!

Me? Well i try not to let any life experiences pass me - Lets face it, id rather be uncomfortable for a few hours than be annoyed for the rest of my life to pass something as rare as this up ;)

This is me talking, my opinion only - Photographing a older 'Couple' having sex in my eyes is not pornographic - its actualy part of everyones life (amend for religious views etc...)

If you think about it, the only reason why they would like this done is because they are in love with each other, and want to look back on a wonderful life they have had together!


unfortunatly, Sex has become seedy by porn companys! It shouldent be!

FlyingPhotog
30th of April 2010 (Fri), 00:43
The only place in the US where it is legal to shoot porn is California...

Guess there's a whole lot of illegal sex being recorded in Nevada then.

Word is, the housing bust in Vegas has opened up a whole bunch of available locations! ;)

lens pirate
30th of April 2010 (Fri), 08:31
I think this is like any other assignment unless your planning on getting involved yourself. Since your not, just go shoot it for Gods sake and get paid. Just like always...do the best you can to make them look good and the the pictures they want.

Its not like you will leave the shoot with a scarlet letter on your forehead. Make sure you have a good understanding with the couple what the pictures will be used for and how they will be displayed.

Just go and have some fun. I have shot people having sex before and its a blast! Encourage them! Life is short. LIVE IT!

speedster00
30th of April 2010 (Fri), 09:08
From what those laws apear to say....it looks like intent to sell or distribute is whats illegal. Legally, she could take the pics for the customers personal use.

Definately meet them before hand for discussion.

Money up front and a witness..

monk3y
30th of April 2010 (Fri), 09:22
if the girl is uncomfortable around a guy photog...maybe she will agree with a gay 2nd photog hehehe a macho gay that is to watch you back if you can find one.

images by Paul
30th of April 2010 (Fri), 09:54
I think this has the potential of disaster written all over it. One never knows what is waiting on the other side of a door.
To the men of this forum, would you let your wife take this gig? Alone??
With the sicko's in this world, there is no way I let mine without an assistant in the same room. Now maybe I'm paranoid cause I'm from New Jersey but no way, never, not in this town. I trust me, I trust my wife. Beyond that, and especially in this situation, I'm always looking for the hidden agenda.
Just my opinion.

lens pirate
30th of April 2010 (Fri), 10:09
I think this has the potential of disaster written all over it. One never knows what is waiting on the other side of a door.
To the men of this forum, would you let your wife take this gig? Alone??
With the sicko's in this world, there is no way I let mine without an assistant in the same room. Now maybe I'm paranoid cause I'm from New Jersey but no way, never, not in this town. I trust me, I trust my wife. Beyond that, and especially in this situation, I'm always looking for the hidden agenda.
Just my opinion.

Oh come on! What hidden agenda... Lets say I am a rapist pervert. How shall I proceed? I know I will start a Email and paper work trail to document my intended crime, get my girl friend involved and hire a professional with a camera to come over and be the victim. PLEASE!

Look common sense is fine. Meet them first if you want. Let them know you need to check in with your partner every 30 mins on the phone.

But for the love of GOD can we just get past the any time anyone wants to photograph sex its really a prelude to violent crimes against women stuff?

Jeez just go shoot and have some fun! Instead of a dark dangerous mind set.... why not well lit, clean and safe? Sounds to me like you have a man that is getting older and wants to capture a little of whats left. That is not hard to understand nor is it evil. I think its brave.

Maybe the woman loves him and wants to endulge him this way? Maybe this is a act of love and compassion? I see no point in laying a bunch of negative horror over couple seeking images of themselves in the act of love. I hope this is my focus at age 57.

We are just so quick to use our own prejudices and fears as a view point to judge others. You are in no more danger going to shoot this than going to someones home to shoot ANYTHING else. There is NOTHING evil or scary about sex.

dinny66
30th of April 2010 (Fri), 10:10
To go back to the original point though, no I wouldn't take the gig.
It's just not for me.

suecassidy
30th of April 2010 (Fri), 13:10
Guess there's a whole lot of illegal sex being recorded in Nevada then.

Word is, the housing bust in Vegas has opened up a whole bunch of available locations! ;)

I know it sounds illogical, but it is true that California is the only state where filming porn is legal, and then only with a permit. So yes, there is a lot of illegal porn being filmed in Nevada. Research the 1988 case of State of California vs. Freeman, and you will find out how all that came about.

Of course, this whole discussion is not about COMMERCIAL porn, and isn't necessarily about "porn" at all if it is for their own personal use. It all depends on your point of view, I suppose.

friz
30th of April 2010 (Fri), 13:21
I know it sounds illogical, but it is true that California is the only state where filming porn is legal, and then only with a permit. So yes, there is a lot of illegal porn being filmed in Nevada. Research the 1988 case of State of California vs. Freeman, and you will find out how all that came about.

Of course, this whole discussion is not about COMMERCIAL porn, and isn't necessarily about "porn" at all if it is for their own personal use. It all depends on your point of view, I suppose.

By definition, porn is subjective. I believe that when a supreme court justice was asked to define it, he could only come up with "I know it when I see it".

images by Paul
30th of April 2010 (Fri), 13:42
Oh come on! What hidden agenda... Lets say I am a rapist pervert. How shall I proceed? I know I will start a Email and paper work trail to document my intended crime, get my girl friend involved and hire a professional with a camera to come over and be the victim. PLEASE!

Look common sense is fine. Meet them first if you want. Let them know you need to check in with your partner every 30 mins on the phone.

But for the love of GOD can we just get past the any time anyone wants to photograph sex its really a prelude to violent crimes against women stuff?

Jeez just go shoot and have some fun! Instead of a dark dangerous mind set.... why not well lit, clean and safe? Sounds to me like you have a man that is getting older and wants to capture a little of whats left. That is not hard to understand nor is it evil. I think its brave.

Maybe the woman loves him and wants to endulge him this way? Maybe this is a act of love and compassion? I see no point in laying a bunch of negative horror over couple seeking images of themselves in the act of love. I hope this is my focus at age 57.

We are just so quick to use our own prejudices and fears as a view point to judge others. You are in no more danger going to shoot this than going to someones home to shoot ANYTHING else. There is NOTHING evil or scary about sex.

Nobody said there was anything evil or scary about sex. "You are in no more danger doing this shoot than going to someones home to shoot anything else" What planet are you from????? All I'm saying is that this request IS NOT the norm ( like going to anyone's house for a shoot of anything else) And you know what? There SHOULD be caution exhibited when going to a strange household. But for this kind of request, second and third considerations should be given. And I didn't say don't do it, I said that no woman should be going there alone. Just to be cautious, that's all.
True, maybe the woman loves him and wants to indulge him like this. BUT MAYBE he wants the images to take to work and show his fellow employees!! Maybe I'm wacko because I was on the receiving end of just that disgusting display that came from a husband.......and NO ,I didn't want to see the images of him and his wife.
Maybe, if I looked at the world through your rose colored glasses, I would feel differently but I've been around too long.

thebishopp
30th of April 2010 (Fri), 18:02
From what those laws apear to say....it looks like intent to sell or distribute is whats illegal. Legally, she could take the pics for the customers personal use.

Definately meet them before hand for discussion.

Money up front and a witness..

You do understand that by taking payment of any kind she is producing them for sale and distribution right? Selling them to the client is a "SALE" and she took and processed them to "DISTRIBUTE" to her client in the "SALE" of those photos. You understand that right? Giving the photos to the client is "distribution". Taking money for them is "sale".

Look, I'm an ex-cop and I'm telling you based on the wording of the statute she posted a cop could arrest her if they ever found out. If there is sex involved and she "documents" it then, depending on her state's definition of "obscene" or "porn", she could go to jail. Now the odds of this happening are dependant on the odds of those photos ever coming to light and if they do if any complaints are filed or some prosecutor's sudden whim to "make an example" of someone. Do you know if this couple is gonig to stay together forever? Do you know that if they ever break up these photos won't be used in a negative light (and we should all know this has happened before)? While normally not a concern iin your everyday assignments, this is one where the photographer could be pulled into a criminal complaint as her actions would constitute prima facie evidence that she commited a crime (and this is based on the wording of the statute she posted).

Now if she does it for free and has a written contract with them saying they are not intending to use those photos for sale or distribution then maybe. The key words being "Sale" and "Distribution".

I can't believe people are actually telling her to go and commit a crime that could come back to bite her. She basically will be fearing a knock on the door for however long the statute of limitations is on that particular offense.

OP, if you really want to know then talk to your state prosecutor about it. You can call the office and get their legal opinion (don't forget to get the name of the person you talked to and be sure it is a prosecutor and not some clerk). Oh and be sure it is your state and not local prosecutor if talk to just one.

Karl Johnston
30th of April 2010 (Fri), 21:43
You do understand that by taking payment of any kind she is producing them for sale and distribution right? Selling them to the client is a "SALE" and she took and processed them to "DISTRIBUTE" to her client in the "SALE" of those photos. You understand that right? Giving the photos to the client is "distribution". Taking money for them is "sale".


outta total curiosity, but if it were done for trade (TFP) would it still be considered a sale? Or free? Or would the OP still run into the same issues?

thebishopp
30th of April 2010 (Fri), 21:52
outta total curiosity, but if it were done for trade (TFP) would it still be considered a sale? Or free? Or would the OP still run into the same issues?

Going to have to depend on what the state defines "sale" as, which is why I suggested she ask the state prosecutor what his offical opinion is.

If they define sale as an exchange of goods whether monetary or not then it is considered a sale.

Here is Law.com's definition (which will probably be very similiar if not the same as black's law dictionary (the generaly accepted dictionary of legal terms in the U.S.):

sale
n. transfer of something (and title to it) in return for money (or other thing of value) on terms agreed upon between buyer and seller. The price paid may be based on a posted cost, established by negotiation between seller and buyer, or by auction with potential buyers bidding until the highest bid is accepted by the seller or his agent (auctioneer).


So, in short, if the OP receives ANYTHING of value for her work then yes it is a "sale". Of course what her state prosecutor thinks is going to be the most important factor.

Sokol Photography
2nd of May 2010 (Sun), 10:54
If you take the shoot, you should invest in a water-proof case for your camera first. :lol:

Chris S.

pearts
4th of May 2010 (Tue), 12:58
OK, first of all is it art or porn? are you going to show the pelvic area. or concetrate on the faces?
since your doing this commercially for money, and will most likly have a number if images that feature the sex organs as the prominate point of focus in the image, find a 2257 form on the web, and have both of them fill it out.. this protects you as your considered the producer of the sexually explicit photos.. (theirs plenty of 2275 sample forms out their on the web )

beyond that, make up a psudynme to use on these for watermarking, and have fun with it...

CalPiker
10th of May 2010 (Mon), 03:33
§ 18.2-374. Production, publication, sale, possession, etc., of obscene items

It shall be unlawful for any person knowingly to:

(1) Prepare any obscene item for the purposes of sale or distribution; or

(2) Print, copy, manufacture, produce, or reproduce any obscene item for purposes of sale or distribution; or

(3) Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or

(4) Have in his possession with intent to sell, rent, lend, transport, or distribute any obscene item. Possession in public or in a public place of any obscene item as defined in this article shall be deemed prima facie evidence of a violation of this section.

For the purposes of this section, "distribute" shall mean delivery in person, by mail, messenger or by any other means by which obscene items as defined in this article may pass from one person, firm or corporation to another.

Rachel, this law is only for obscene material. There's a big difference between "porn" and obscene material and has been defined by the SCOTUS. One is protected by the 1st Amendment and the other is not. This was determined by the Miller test from Miller v. California back in the 70s when this went before the SCOTUS.

If you do decide to take this job, make sure you are current on Title 28 C.F.R. 75 (aka the 2257 Regulations) and what this requires. Just trying to read and understand this regulation is enough for me to not want to do this. Although that's really only if you want to actually show their genitals while they are having sex. This can be done very artfully without showing that actual act.

lens pirate
10th of May 2010 (Mon), 15:20
I must live life on the edge.

I have recorded NFL games to watch later with out the express written consent of anybody.

I have removed the tag from a mattress.

And I would be willing to shoot a couple having sex and give them the pictures.

Fear kills your mind and steals color from your life.

Rachel B
11th of May 2010 (Tue), 17:39
Hey guys, I did turn it down, but for the main reason being I felt I couldn't do the shoot justice, In my mind I pictured something arty, and since this was a special event for them, I didn't want to ruin it with lack of experience.

lens pirate
11th of May 2010 (Tue), 18:36
Hey guys, I did turn it down, but for the main reason being I felt I couldn't do the shoot justice, In my mind I pictured something arty, and since this was a special event for them, I didn't want to ruin it with lack of experience.


Sorry to hear that. Missed a chance at something that could have been really fun and very cool. On the other hand you turned it down for a good reason, other than fear paranoia. Can't fault that.

eleganteye
13th of May 2010 (Thu), 18:07
Lets say I am a rapist pervert. How shall I proceed? .

I agree, if that were his intention, he'd probably just book a normal photo shoot, in order not to raise suspicion.

Let us know how it goes.