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Adult Film/How to pay porn performers

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Expert: - 1/21/2009


Question
Hey Dan,

I read a recent answer to a question about whether a producer has to issue a 1099 tax form to the performers in a movie, and understand that a 1099 does have to be issued if the actors and actresses are contracted. My question is by having the performers sign a model release form, doesn't that technically make them contracted and therefore make the producer responsible for issuing 1099's?

Answer
Will,

1099s are issued to any talent that are not employees, but independent contractors, and who receive at least $600 a year from the producer.  The term "under contract" in this business is a bit misleading, as it refers to talent who are actual employees.  The model release is a separate issue altogether, and has no bearing on the issuance of a 1099.

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Dan Pepper

Expertise

Lawyer representing adult industry businesses and entertainers, and can answer questions related to:

How to start an adult film business or adult website LEGALLY.

What laws to be concerned about with getting into the adult entertainment industry.

What terms and conditions do you need on your adult website.

How to comply with 18 USC 2257 - the federal record keeping requirements.

What forms and agreements do you need for models and crew.

How to deal with copyright and trademark laws.

Before asking your question, I recommend visiting adultwebsitelawyer.com and requesting a copy of the Top 6 Considerations of Starting an Adult Entertainment Business. You may find your question answered there.

I ALSO DO NOT ANSWER QUESTIONS FROM MALES INTERESTED IN STARRING IN ADULT FILMS.

Experience

I have been practicing law since 1994, and have represented numerous businesses and entertainers in the adult entertainment industry as the managing member of Pepper Law Group, LLC, at adultwebsitelawyer.com. My firm also operates 2257Sentry, one of the industry's leading 18 USC 2257 custodian record keeping services for producers of adult content.

Organizations
Free Speech Coalition, Frequent speaker at adult industry events including the Internext Expo and Exxxotica New York; interviewed in AVN Online; regular contributor to XBiz World

Publications
XBiz World AVN Online

Education/Credentials
BA in Political Science, JD (law degree)

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