If some Professional Photographer takes a photo of his female client; what are legal barriers ,see details?

Question

If some Professional Photographer takes a photo of his female client in ''SHORT CLOTHS'' by her demand ,with her wish ...
Will they say he is producing an ''obscene'' or ''pornographic'' photo in LEGAL sense?

CONDITION here is written agreement is signed by her + HE will give photos to her & keep the negatives with him for copyright issue ,further he is not willing to make any use of it without her permission.
Question is he should do this kind of shoot or say 'no' to that lady client? In this case will they say it ''obscene'' or ''pornographic in legal sense?

.Talking about Indian laws.

Answer 1

Since there is a written contract between the Professional Photographer & the female client for this act of photographs which had this female in short cloths this will not be covered under any legal liabilities of an "obscene" or "pornographic" photos or films, until these are not for public exhibition for which a proper certification is required under the Cinematograph Act, 1952. Since this lady has given her free consent for such photographs she can not bring charges under section 502 of the Indian Penal Code, for Printing or engraving matter known to be defamatory nor under section 509 of the Indian Penal Code, did Word, gesture or act intend to insult the modesty of a woman. This act will also not be covered under section 292 of the Indian Penal Code if such a material is not for sale, let’s to hire, distribution, public exhibition or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, Imports, exports or in any manner put into circulation. This act will also not be covered under the THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986 if it is not used for publishing, or cause to be published, or arrange or take part in the publication or exhibition of, any advertisement which contains indecent representation of women in any form. If these points are covered by the terms & conditions of the contract between the Professional Photographer & the female client then nothing to worry as any infringement of any of these acts mentioned above by this female client by her such photographs/films etc doesn’t make the photographer liable in any manner. I would also like to add here the term of obscenity has been defined in a very wide manner by the Supreme court of India, & it will have to be seem that such photographs/films can be held as obscene or not from the criteria’s/principles as laid down by the Supreme court of India.

Answer 2

the simple answer is that the professional photographer should fill up the model release form as in vogue. let the clothes be short but they should not show the nudity of the client(may be private parts or boobs in open.). they shd be restrictively covered and now it depends on the photographer whether he is not breaking the barrier set in the simple or adult model release form. photographs can be taken from any angle, not in the knowledge of the client but with the wrong inclination of the photographer, the protective thing for girl is the model release form in which every thing is well splelt out and the model should be aware of the situation/limitations of photography as she signed in. this is not nudity nor pornography. they are well defined in legal opinions. you can define as topless, total nude, sensuous inclination that may lead to pornographic imaging are a slight barrier from the above. in art form topless or nuduty are well accepted, as you can see in the calendars.and magazines if the girl takes the attention knowingly to her private parts that is signalling pornography, since it stimulates the human emotions to vulgarity/sexually exiting. so ethically, when being photographed be an amateur or pro, both should understand the limit and make the shoot a happy one.

Answer 3

She can authorize all the picture taking she wants. Now if he published them,. that's another story. She still has rights to the photos regardless.

He can't make any money off of them or she can sue him if she finds out he did.

Answer 4

Depends on the country (and state) you are in, I presume.
Secondly if it is going to be published, if the model signed documents are available, then there must not be any problem.
Advertising agencies will have more information on this.

Answer 5

Yes.