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Hi guys :B I got a question for all you porn and tasteful nude artists!

What are you guys' policies about doing adult work for commissioners? Like do you guys request proof of age or something if someone wants you to draw some naughties of their characters? And what about just plain nude images of their characters?

I ask this because a lot of porn sites and stuff usually say "You agree not to make this material available to minors" and I don't wanna get my butt in trouble. Commissions are my only form of income and I'd hate to see that go to a lawsuit D:

Cause currently I'm doing 2 reference sheets for minors. Nothing adult, just tasteful nude for character detail, and in the past I did another reference sheet for a minor (I didn't know then) but it was tasteful nudity with a shot of an erect penis for reference.
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( 34 comments — Leave a comment )
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teahound
Mar. 31st, 2009 01:05 am (UTC)
If it's just tasteful nude I wouldn't worry about asking for proof of age, just be sure when you post it to put in the description that this is simply a reference sheet and only to be used as such.
kcoarwhut
Mar. 31st, 2009 03:29 am (UTC)
Yeah, generally a 14+ year old are (legally, anyway) mature enough to see tits and stuff so long as it isn't erotic. :3
wolfmare
Mar. 31st, 2009 01:21 am (UTC)
Erf... With underagers, I'll do 'nude' minus sex organs. No nipples or naughtybits, for the sake of covering my own tail. If they don't volunteer the info though, I assume anyone who commissions me is adult.
kcoarwhut
Mar. 31st, 2009 03:31 am (UTC)
Yes. The only reason I know though is because we were both part of a forum which only allowed member 18 and up and he confessed to being underaged. 16 to be exact. Their age doesn't appear on their FA page however. :[ but the fact of the matter is, I know. And I probably COULD get busted for it.
(no subject) - wolfmare - Mar. 31st, 2009 04:23 am (UTC) - Expand
(Deleted comment)
warsawkook
Mar. 31st, 2009 02:07 am (UTC)
This. Very much so.
(no subject) - kcoarwhut - Mar. 31st, 2009 03:31 am (UTC) - Expand
hellebore
Mar. 31st, 2009 01:35 am (UTC)
With a minor, the character will end up looking like Marilyn Manson on the cover of Mechanical Animals. Or Barb & Ken, whichever you suit. No nipples, no junk.
kcoarwhut
Mar. 31st, 2009 03:36 am (UTC)
Definitely reasonable :]
neolucky
Mar. 31st, 2009 01:39 am (UTC)
I generally don't take adult commissions for strangers anymore, however back when I did it was under the fact they told me they were above 18 years of age, I would make it clear that by saying they were 18 or older, (lying or not) pretty much makes them liable, and not myself. So if they agreed, and claimed they were 18 years of age (And knew I was saving the email/convo) that it was Kosher.

I generally would feel kinda weird doing porn for minors, honestly, so I try to make doubly sure they are adults in the circumstances where I've done it. Tasteful barbie-bodied nudes would be alright in my book however. Just no explicit genitalia detail below the belt.
kcoarwhut
Mar. 31st, 2009 03:33 am (UTC)
Thankfully both characters are female, and I don't really do detailed vags. :<

Yeah, I'm gonna eventually stop taking porn commissions altogether as it does make me feel uncomfortable drawing the stuff anyway. D:
accomesafterb
Mar. 31st, 2009 01:47 am (UTC)
This is a question I've actually wondered myself. Are you liable if someone claims to be 18 and actually isn't? I'm not exactly sure if having emails where they say they're a certain age but really aren't are good enough if someone attempts to file a lawsuit since I do personally believe it is your responsibility to find out who you're selling products to.

As it stands it's illegal to sell porn to minors. I would personally require people give me identification through webcam, scan or at the very very least sign a legal document assuring me of their age and negating any liability from my end if they aren't telling the truth. Then again I'm paranoid. I avoid all this trouble by just not selling the stuff in the first place and making money off of clean things. But I would still like to know an honest, legal answer to this just in case.
onesteptwo
Mar. 31st, 2009 01:54 am (UTC)
I don't think getting them to sign would work. i mean, if they ARE underage, they can't legally enter into a contract anyway, so what they signed is null, right?
(no subject) - accomesafterb - Mar. 31st, 2009 03:08 am (UTC) - Expand
(no subject) - onesteptwo - Mar. 31st, 2009 10:46 am (UTC) - Expand
(no subject) - clover_elf_kin - Apr. 2nd, 2009 03:46 am (UTC) - Expand
(no subject) - kcoarwhut - Mar. 31st, 2009 03:47 am (UTC) - Expand
alcyione
Mar. 31st, 2009 01:48 am (UTC)
I don't draw porn commissions anymore. I'll do it for friends I know personally, but I refuse to draw it for strangers. It opens up a whole new can of worms... especially with some furries. >.>

As for doing the nudity, I don't think that it's an issue in your case. You're drawing a reference sheets, which... yeah.... it's ok to depict tasteful nudes in my book. The erect penis? Uh... that's a no. LOL

kcoarwhut
Mar. 31st, 2009 03:50 am (UTC)
Yeah, the folks I'm drawing them for are heavily into the whole YIFFY ROLEPLAY thing so they 'need those references.

But porn with strangers seems creepy to me, come to think of it. I've heard horror stories from folks who wish to keep a sole professional relationship with their clients and the clients are all murrmurr bebe.
(no subject) - alcyione - Mar. 31st, 2009 04:04 am (UTC) - Expand
lurkerwisp
Mar. 31st, 2009 01:53 am (UTC)
I assume that anyone asking for explicit material is old enough to legally obtain explicit material - tasteful or not.
If I knew for a fact that the person was not, I would self-censor the art. As mentioned above I'd not include nipples or any genitalia, or would compose the work so that they didn't show. Just putting the character in underwear or having an arm or leg in the way would be good enough for me.

Legally where I am now if I were sitting on the sidewalk selling my art I couldn't sell sexually explicit work to a minor. I'm not going to sell it to them online if I can help it. That just seems to be asking for trouble. What if a parent opens the mail? Reads their email? Uses my return address? I'm certainly not going to take that chance.

Even if nothing ever happens from it, it's better to be safe than sorry.
aerotheacrobat
Mar. 31st, 2009 02:04 am (UTC)
I assume if they have a paypal that they are adult. If I find out, I will stop the commission. If they're not turning 18 soon, I'd refund. The only time I found out, he was soon to his b-day so I waited to present it till after. I would never knowingly draw anything adult for a minor, not even tasteful nude. That's asking for a whole can of trouble.
sorien
Mar. 31st, 2009 02:40 am (UTC)
Well...
I'm not an artist, but I AM a long-time collector of (mostly comic-style) artwork... And the laws vary from state to state to some extent... However, selling imagery of a sexual nature, no matter HOW tame it might seem, will definitely fall under anti-pornography statutes. If you sell ANY nudity to minors, you can (and will, if caught) be prosecuted... And as Furry is generally considered 'adult' and classified as a 'fetish' already, it'll likely be ugly, and be a felony charge. So, I'd reconsider doing the commission as a nude, and would recommend NOT taking nude commissions from minors.
accomesafterb
Mar. 31st, 2009 03:14 am (UTC)
Re: Well...
There are some states that will simply bust you for HAVING certain pornographic materials regardless of your age. I have no idea why people assume the laws regarding pornography are lenient. As far as my knowledge goes they're extremely EXTREMELY strict, especially dealing with minors in pornography and people who sell pornography to minors.
aaaamory
Mar. 31st, 2009 03:07 am (UTC)
It's a good idea not to do commissions for minors anyway, because if they decide not to pay you, there isn't anything you can do unless you're selling the artwork to them through their parents.

If they're a minor and you do adult work for them, their parents can choose to bust you for everything you have and more.
alaitallon
Mar. 31st, 2009 03:47 am (UTC)
Hmmmm, someone can correct me if I'm wrong, since I don't know a lot about the law in this case, but couldn't a way to protect yourself as an artist is have a disclaimer? For example, maybe have on your commission terms a disclaimer along the lines of, "By commissioning any art of adult nature, you acknowledge that you are over the legal age to view pornographic images in your state/country and will not hold the artist liable." I know several sites that have similar disclaimers before entering them, so it seems to be pretty common, but I don't know if it'll legally hold any water (like I said, I'm no lawyer! Though, I do suppose I could ask my boyfriend's two lawyer parents if needed, though that'd admittedly be a very awkward question).

I guess that way you can begin a commission under the assumption that the person has read and agreed to those conditions ahead of time. If the person is a known minor, however, I would probably do what other people have suggested, just not accept adult commissions from them and/or remove any depiction of nipples/genitals from nude shots.
werewolfofwater
Mar. 31st, 2009 06:27 am (UTC)
If I drew commissions, I'd probably steer away from porn, period. When it comes to tasteful nudes, I personally don’t think a minor seeing a naked body is anything bad. I mean god forbid a person under 18 see a penis or nipples or other parts of natural human anatomy! Ohnoes!

But it’s probably a good idea to refrain from drawing private parts for someone who you know is a minor simply for the purpose of keeping your ass out of trouble. As much as I despise society’s love-hate relationship with sex, it's not really worth it to have some angry mom bitching at you threatening to press charges if that were to ever happen.

I also think if you are doing adult stuff, it's a good idea to make them agree to some sort of disclaimer, saying that by commissioning you for an adult piece, they are claiming to be 18, making them responsible.
thaily
Mar. 31st, 2009 07:59 am (UTC)
Being in the Netherlands I'm not hugely worried about being prosecuted for selling smut to anklebiters and I don't take huge steps to prevent such. That said, I don't want to sell smut to some underaged brat, I'd feel dirty to have some kid describe their smutty fantasy to me to draw, ugh -_-
But if people have a paypal account or creditcard I'll assume they're adults. If some snot slips through the cracks I'll be annoyed but not overly concerned. If parents throw a tiff, tough titties. This villager never agreed to raise the rotten fruit of their loins.
lilenth
Mar. 31st, 2009 02:20 pm (UTC)

Put it in your contract that if someone commissions you for adult work they are asserting and affirming that they are old enough to view and purchase said work.
candiedmouth
Mar. 31st, 2009 09:55 pm (UTC)
This! Thank you :)
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