Expert: Dan Pepper - 7/10/2008

Question
I want to produce some fetish videos and sell them on the internet. Since I live in Texas I'm afraid of shipping product and was wondering if there are ways to set up websites that don't have locations or would it make more sense to transmit large video files via internet to a CA manufacturer? Also, are fetish videos likely to have stiffer penalties than straight adult videos?

And 1 final question - Are there any tricks with getting around prostitution laws by not paying for their performance and give each actor some sort of producer credit so they can be compensated on the back end?

Thanks in advance

Answer
If you're truly looking to minimize your legal exposure for obscenity liability, producing and distributing your content in CA is by far your best option.  

Fetish videos in and of themselves don't necessarily run a higher risk of obscenity charges - it depends upon the content.  For example, foot fetish content would not attract nearly as much scrutiny as scat or BDM content

Regarding your last question, no, offering any sort of consideration in exchange for sex is solicitation of prostitution - it doesn't matter whether the consideration is cash or film credit.  You need to understand how to advertise for, and attract talent for adult films.  We work with our clients on the right (and wrong) ways to do that.