Adult Film/home made video


Question
HI

I am in Canada and 18+. To make the story shorter, somebody contacted me from California and asked me for a sex
video. An independent agent. I was not convinced with the deal because i had to go to the Cameraman's place and do it; and then we will get paid. Anyway, we did the shooting and tried to contact the guy. No news so far. The only intelligent thing is we did NOT sign a release, so we still have the rights and the video copy : ) ; but we are kinda of stuck with the material. What can we do with it?
Thanks

Answer
MS,

It may be more complicated than you described.  Even though you didn't sign a release, the cameraman may hold a copyright interest in the video.  Under U.S. Copyright law, a copyright ordinarily vests in the creator of the work automatically, without the need for any documentation.  So if you were to attempt to license or sell the material, the cameraman may claim he is entitled to fees or royalties as a copyright holder in the material.

My suggestion is to not attempt to do anything with this material unless and until you get a full release of rights from this cameraman.  If you would like to discuss your situation further with me, feel free to contact me through my website at adultwebsitelawyer.com.

Adult Film

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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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