Expert: Jim Boyd - 10/6/2007

Question
Hey Jim!
Now I have been reading allot of the other people's questions and your answers and their has been allot of questions concerning legality of filming adult movies outside of California. From what I understand is that its illegal because when you pay the actors it's considered prostitution, well what if for example I was to have sex with my girlfriend for instance and filmed it and then we both decided to distribute it, is it still illegal even thou no money was exchanged and we had the necessary permits or licenses that were needed and I forgot to mention that Iam strictly talking about doing it in Illinois.
Thank you for all the answers you put up they had been very insightful.

Answer
Hi Arthur,

OK, after you and your girlfriend make this film, I want a copy!…..just kidding.

Seriously, thank you for taking time to read my answers to others before asking your question. This saves me from having to repeat a lot of information.

Your situation is unique because, we are talking about two consenting adults filming themselves for the purpose of selling copies of the film. No one gets paid, no outsiders are involved. Yes, this would be legal.

The only time you would run into legal issues is if you brought in a 3rd party (male, female or couple) to have sex with one or both of you, and filmed it. No matter if you paid them or not, you would be getting into a legal “grey area” that it would be best to avoid.

Keep in mind that the Federal Laws you read about in my other answers will still apply in your case. In order to get the film distributed you will need copies of that information as well as model releases signed by both of you.

Your best bet would be to find a very creative web designer and distribute your film that way to start.

Hope this helps
Jim