Resources for Chapter 8 —
Working With Models
US Code, Title
18, Section 2257
This is a set of legal provisions that appear under the heading of "sexual
exploitation and other abuse of children," however it has chilling effect
upon "producers of material that is sexual in nature. Section 2257 dealt
with actual sexual activity. Effective March 18, 2009, a new statute, Section
2257A, expands the legal scope of Section 2257 to encompass simulated sexual
activity. The penalty for the first offense is up to 5 years in prison, and the
second offense is punishable by 2-10 years.
In the statute, “sexually explicit conduct” means any of the following, actual or simulated:
- Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex
- Bestiality
- Masturbation
- Sadistic or masochistic abuse
- Lascivious exhibition of the genitals or pubic area of any person
The statute defines "graphic" as follows: "when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted"
The Department of Justice (DOJ) is charged with enforcement, and has developed guidelines for small business record keeping (see the first URL below). To date, all prosecution has been directed at large-scale producers, and legal experts say that the DOJ regulations are aimed at companies and not artists, but they have left themselves enough wiggle room to make things difficult for the next Mapplethorpe.
usdoj.gov/criminal/optf/links/2257-compliance-guide.html
eff.org/issues/bloggers/legal/adult
www.law.cornell.edu/uscode/uscode18/usc_sup_01_18_10_I_20_110.html — Click
on sections 2256 (definitions), 2257 and 2257A.
A Photographers' Guide to Section 2257 by Stephen Haynes, Magic Flute Fine Art Photography, 2009; Available at Lulu.com — Search by title.
ASMP
The American Society of Media Photographers. This organization is a clearinghouse
for information relevant to professionals who photograph mainly for publication.
They offer education programs as well as business and legal resources.
ASMP is active in the areas of copyright, better conditions for photographers,
combating work-for-hire, and providing legal advocacy and lobbying. The
organization defines their three main purposes as follows:
1. To protect and promote the interests of photographers whose work is
for publication.
2. To promote high professional standards and ethics.
3. To cultivate friendship and mutual understanding among photographers.
Model Releases: asmp.org/commerce/legal/releases/
Copyright applications: asmp.org/commerce/legal/copyright/
Licensing: asmp.org/commerce/legal/licensing/
asmp.org
Books on the Business of Photography
ASMP Professional Business Practices in Photography,
7th Edition by American
Society of Media Photographers, Allworth Press, 2008
Best Business Practices for Photographers by John Harrington, Course Technology
PTR, 2006
The Real Business of Photography by Richard Weisgrau, Allworth Press, 2004
The Big Picture: The Professional Photographer's
Guide to Rights, Rates & Negotiation by Lou Jacobs, Writer's Digest Books, 2000
The Professional Photographer's Legal Handbook by Nancy Wolff, Allworth
Press, 2007
Copyright
ASMP copyright application tutorial: asmp.org/commerce/legal/copyright/
ASMP FAQ on copyright: https://www.asmp.org/tutorials/frequently-asked-questions-about-copyright.html
The diCorcia Case: Nussenzweig
v. diCorcia
The core of this case is that selling your art, even at a high price, is
still an editorial use, and not for purposes of trade. Therefore, the
First Amendment protects it and you don’t need your subject's consent
or a release.
New York courts have "recognized that art can be sold, at least in limited editions, and still retain its artistic character (...) First Amendment protection of art is not limited to only starving artists. A profit motive in itself does not necessarily compel a conclusion that art has been used for trade purposes." — NY Supreme Court Justice Judith J. Gische
The Nussenzweig photo: davidzwirner.com/artists/115/work_3174.htm
nycourts.gov/reporter/3dseries/2006/2006_50171.htm
http://en.wikipedia.org/wiki/Nussenzweig_v._DiCorcia
Justine Kurland
"I'm always thinking about painting: nineteenth-century English picturesque
landscapes and the utopian ideal, genre paintings, and also Julia Margaret
Cameron's photographs. I started going to museums at an early age, but my imagery
is equally influenced by illustrations from the fairy tales I read as a child." –
From Artforum, April, 2000
mocp.org/collections/permanent/kurland_justine.php
miandn.com/artists/justinekurland/ - Click the images for a larger
view
NYT, 2/25/07: nytimes.com/2007/02/25/arts/design/25kino.html
Legal Resources for Photographers
photosandthelaw.com/resources-and-articles/
The Model's
Perspective
Modeling Life: Art Models Speak About Nudity,
Sexuality, And the Creative Process by Sarah R. Phillips, State University of New York Press, 2006
Live Nude Girl: My Life as an Object by Kathleen Rooney, University of
Arkansas Press, 2009
Model Releases
asmp.org/commerce/legal/releases/
photosandthelaw.com/resources-and-articles/
Networking and Presenting Via the
Web
Web sites for networking and showing your work are proliferating, and this
is a cursory sampling of some of the more visible sites. Each has different
capabilities, strengths and weaknesses. Some regularly add features.
Many have two-tier membership plans, with free and paid options.
Book.fr – Portfolio site in French & English; good search features
Craigslist.org – Post classified ads for collaborators
deviantART.com – Art-oriented portfolio site
Facebook.com – General interest networking site
Flickr.com – Portfolio sharing with strong organization and comment features
ModelMayhem.com – Portfolio site with networking tools; searching is weak
Musecube.com – "Portfolio hosting and talent directory"
MySpace.com – General interest networking site
OneModelPlace.com - Portfolio site with networking tools
Photoshelter.com – Portfolio site aimed at selling work
Pace/MacGill
Gallery
32 E. 57th St., 9th Floor, New York
The gallery that represented Philip-Lorca diCorcia at the time of his famous
First Amendment case. Artists they represent include Richard Avedon, David
Byrne, Harry Callahan, Walker Evans, Robert Frank, Duane Michals, Irving
Penn, Paolo Roversi, Alfred Stieglitz, John Szarkowski, and Garry Winogrand.