Expert: Dan Pepper - 3/18/2009

Question
Hi I am a photographer and I want to create a Female solo model website, involving nudity and masturbation etc, but I am unsure of the legal system involving this in Florida, I have searched the web looking but I cant seem to find anything relevant. Is this something I would be legally allowed to do? and what do I need to consider?
Thanks

Answer
Stephen,

Paying talent for purely solo model work should not violate Florida's prostitution or pandering laws (which can be viewed here:  http://prostitution.procon.org/viewbackgroundresource.asp?ResourceID=730).

Although another expert on this site has cited certain Florida county proposals to ban the sale of pornography, these have not gone anywhere, and seem to be in response to certain conservative groups trying to prevent the sale of pornographic magazines in convenience stores.

Florida prosecutors have been active in recent years in bringing obscenity cases against producers in Florida (Google Max Hardcore and Ray Guhn and you can get a sense of what sort of content has attracted prosecutors' attention).  Female solo models presumably would not trigger the same sort of obscenity attention, but there are never any guarantees.

As far as other items to consider, having enforceable model releases and appropriate website terms and conditions are vital.  Of course, there may be several other considerations including agreements with affiliates, copyright protection, and the like.