Expert: Jim Boyd - 1/21/2008

Question
Hello, I am looking to start shooting amatuer style porn for a site I am starting. I have ladies lined up out the door and also men. The only hang up is protecting myself if anything should go wrong such as std etc. I really need to find out where to go or what to include exactly in my paper work for the actors to sign, so I am not to blame.  Also in pa is 18 the legal age. Is it also a good idea to take make copies of two forms of id. Please let me know.

thank you

Answer
Hi Jeff,

First off it is ILLEGAL to produce Adult Material in the State of Pennsylvania…doing so may land you in jail on charges related to prostitution and/or pandering. California is the ONLY place in the United States where it is legal carry out such activity.

Adult film production is legal in California due to a president created by a 1988 decision of the California Supreme Court (California vs. Freeman). As a result of that decision, California became the FIRST AND ONLY state where a person can be legally hired to have sex for the purpose of making Adult Material. However; producers are still required to obtain permits before starting any such production. NO OTHER STATE HAS SUCH A PRECEDENT!

Now assuming you are going to do things legally and travel to California to shoot your content, then yes….you do need to make sure you have the proper model releases, contracts, as well as documents to protect yourself in the event of a performer contracting an STD. However, you should keep in mind that as a producer it is YOUR RESPONSIBILITY to insure that EVERY performer has tested negative for STDs BEFORE any shooting begins. Failure to do this is outright negligence and all the signed paperwork in the world can’t save you from major legal issues and lawsuits.

Is it also a good idea to take make copies of two forms of ID? Well…yes it is….in fact it is REQUIRED BY FEDERAL LAW. You must understand that ALL Adult Material is subject to specific Federal Regulations (USC Title 18 Section 2257 and CFR Title 28 Part 75) when it comes to obtaining, and maintaining records of age verification. Cretin records must be obtained from ALL (male and female) of your performers and those records, along with copies of EVERY video, picture or other material that performer/model has ever done for you, must be kept in a very specific manor.

Compliance with the Federal Law is absolutely mandatory and these records are subject to UNANNOUNCED inspections by Federal Officials. Failure to produce properly maintained records or records that are not compliant, could land you in Federal Prison for about 5 years.

My advice is KEEP IT LEGAL. Do ALL of your production in California and contact an Attorney who specializes in Adult Industry Law and listen very closely to EVERYTHING he has to say about compliance with the Federal Laws.

Jim Boyd