Adult Film/Porn Acting


Question
So a company called A&R in Oregon wants me to film a porn with them, two scenes for twelve grand. In the state of Oregon, do you have to film before you sign the contract?

Answer
It never makes sense - anywhere - to perform in a film first and only then sign the release contract. That would be extremely unwise for the producer - extremely unwise - and probably pretty unwise for the performer as well.

A performer should require a mutually signed copy before filming begins for his/her own retention. When as much as $12k has been promised, which truly is in the stratosphere as performer pay goes, I would want to see that the money is real before filming to assure that this is not a ploy, scam, or other dishonest ploy. Unless you are an established adult performer or otherwise a person with known celebrity stature, I would suspect a scam until proven otherwise when promises of money in this range are being promised. If you were an experienced performer, you would probably not be writing me here; ergo, this smells funny to me.

No state laws anywhere directly control the sequence.

Nearly twenty states now have statutes (or decided case-law) that prohibit commercial use of images depicting persons without a written, signed release executed by the model/performer. They are silent as to whether that release is to be signed before or after photography, but they do work to require such a release to be executed before commercial distribution.

I know nothing off-hand about this company.

None of the forgoing is legal advice nor does it establish any attorney-client relationship; it provides only general information about the law for the benefit of the public.

All best wishes,

JD

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J. D. Obenberger

Expertise

Numerous trials, including jury trials, criminal and civil since 1979. Obscenity. Section 2257. Copyright. Trademark. Communications Decency Act Section 230. Right of Privacy/Right of Publicity. Defamation/Libel/Slander. Warning Pages. Adult Internet Sites. Strip Clubs/Gentlemen's clubs. Massage Parlors. Prostitution. I am the author and operator of http://www.xxxlaw.com, the most comprehensive online legal resource concerning the law of adult entertainment online.

Experience

I've been an attorney for 34 years, nearly 20 years as an attorney concentrating in adult entertainment law. Have spoken at 72 adult webmaster show legal seminars and forums in six nations, seven American states, and three provinces of Canada, have appeared on the O'Reilly factor concerning obscenity, have been published by Thompson-Gale. Full qualifications at xxxlaw.com. My firm, J.D. Obenberger and Associates has provided representation in both criminal and civil matters for adult content producers, the operators of adult online businesses, as well as brick and mortar adult operations for nearly twenty years. We provide legal strategy, forms, protocols, and guidance for every kind of adult operation. Our clients find us available 24/7/365 in every emergency. My background includes numerous jury trials including the defense of major drug case in federal court on the Mexican border at Brownsville, forgery, sexual assaults, gun offenses, aggravated kidnapping, and such civil matters as pharmaceutical malpractice, premises and construction liability, and personal injury. I have prosecuted cases in the name of the United States while serving as a Captain in the United States Army Judge Advocate General's Corps. I have represented and advised clients in every part of the United States and from Hong Kong to Budapest. I am a regular columnist for XBIZ World and have published numerous articles in AVN and AVN Online and for YNOT.

Organizations
First Amendment Lawyers' Association, Free Speech Coalition, National Rifle Association, American Legion.

Publications
AVN, XBIZ, YNOT, Online Pornography, published by Thompson-Gale.

Education/Credentials
Doctor of Law, 1979, University of Wisconsin Law School. Dean's List. Graduate, National Institute of Trial Advocacy. Guest Lecturer, John Marshall Law School. I have presented Continuing Legal Education for practicing attorneys. Undergrad BA, the University of Wisconsin, double major in Political Science and History. Graduate, 90th Basic Judge Advocate General's Course on the campus of the University of Virginia.

Awards and Honors
Army Commendation Medal awarded as a Captain, US Army Judge Advocate General's Corps, as the most requested criminal defense lawyer in the US Army, Europe.

Past/Present Clients
No legal issue too great or too hot to handle, no client too small to deserve zealous and effective representation.

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