|
Content Production
An area
of great profitability in the adult Industry is content
production. There are a number of critical legal issues
that arise with content and they must be addressed before
you undertake filming.
Model
Releases
The single
most important legal document that you must have before
shooting adult content is a model release. If you are ever
investigated by authorities or become involved in a copyright
infringement dispute, your model releases must be in order.
What
is a model release?
A model
release is a legal document that establishes a number of
facts pursuant to federal and state law. Without a model
release, your content is worthless. So what is it?
Initially,
your model release should establish that the models are
assigning the copyrights associated with their images to
you. In simple terms, this will mean that you have the
right to sell the images without paying the models royalties.
To this extent, the release should also contain language
establishing that the models are independent contractors,
which means that you are not required to make tax payments
on their behalf.
Secondly,
the model release should establish that you have right
to sell or publish the images as you see fit. This means
that you can place the image in advertising, on thumbnail
posting sites, in graphic sexual sites and even resell
the images to another site. These are only a few options
that are covered in a solid model release.
The most
important aspect of a model release is that it establishes
that the models are not minors. To do this, you will need
to obtain copies of official government documents issued
to the model. Typically, this is the model's driver license
or passport. You must then maintain the model release at
your primary business site so that it can be inspected
by legal authorities if there is an claim that your models
are under age. In most jurisdictions, your models must
be at least 18 years of age, but this varies from location
to location.
These
are the three most significant points that must be established
in a model release. There are others depending on the type
of content, so make sure you speak with us if you have
any questions. Releases are relatively inexpensive, so
there is little financial hardship in getting it done right.
Frequently Asked Questions Regarding Model Releases
1. If
I shoot male-female content, do I have to get a model release
from the male model?
Yes.
Regardless of whether you are shooting a solo model or
a combination of models, you must get executed model releases
from each and every model.
2. Can
I use a model release loaned to me by a friend in the business?
Using
these shared model releases is a big risk. The type of
model release will depend on the content you are shooting.
If your friend's model release is intended for solo models,
it will not have provisions relating to sexual transmitted
diseases, etc., because such issues do not exist for a
solo model.
In addition
to the above, you need to remember the concept of "garbage
in, garbage out". Ostensibly, you do not know if your
friend's release was originally created correctly. Maybe
it was, maybe it was not. You will ultimately only know
when the police are looking at it. Do you want to take
that risk?
|