CHILD PORNOGRAPHY - ARE PUBLISHERS NEXT?

As you undoubtedly know, photographers risk criminal penalties under various pornography statutes, for creating or selling photographs of nude children.

This issue has now been raised to another level as both a Tennessee grand jury, in November, 1997, and an Alabama grand jury, on February 6th, 1998, indicted Barnes and Noble on charges of child pornography for selling photography books which include images of nude children. The books are "The Age of Innocence" by David Hamilton of France, and "Radiant Identities" by Jock Sturges of San Francisco. The specific allegations are, the act of disseminating "obscene material containing visual reproduction of persons under 17 years of age involved in obscene acts." Barnes and Noble has indicated it will not discontinue sales and will vigorously defend itself.

Actions such as these reinforce the care you must take not only for the images you create and submit for publication in this area, but also the contract provisions relating to the representations you are asked to make, and indemnification you are asked to give, to the publisher in your publishing contract.

This column previously advised, in sum, that "When in Doubt, Don't." Perhaps it should be revised to "When in Doubt, Don't Even Think About It!"