Porn question
- Thread starter mrpink89
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I've never shot a porn, but I don't believe there'd be any special licenses required as long as you're not shooting it in a public place. I do believe there are compliance laws about record keeping to prove your models/actors are of age and have consented to be filmed. Not sure what they are. The age of consent also differs from state to state, and depending on your content, there may be state or local laws against the acts you depict in your film. But if it's shot behind closed doors on private property, I really don't think that would be much of an issue.
Here's one quirky fact for you: In my state, Alabama, a person can legally star in an adult film when they are 18, but could not legally walk into an adult video store to rent or buy that same film until they are 21.
Here's one quirky fact for you: In my state, Alabama, a person can legally star in an adult film when they are 18, but could not legally walk into an adult video store to rent or buy that same film until they are 21.
I have no idea, though try grabbing a book on Amazon. Something like http://www.amazon.com/Make-Adult-Vi...qid=1358998176&sr=8-13&keywords=making+a+porn or another that suits you more. People that have traveled that road would be the best to learn from.
Thanks for the replies, IT was a random idea that poped into my head. I learned that you can only film it in Califorina ( if you wish to make money of of it) sux for me since I live in the mid west. I was thinking about canada. I believe you can film anywhere there but not sure. If anyone has any articles on filming porn in canada, legal or not I would greatly appreciate it.
You had to know that I was going to weigh in here.
http://en.wikipedia.org/wiki/Adult_film_industry_regulations
You need to check the local laws where you plan to shoot. In some places, paying actors to shoot porn is considered prostitution. In areas where there is no specific laws in place, you want your model/likeness release to specify that the compensation is for the right to sell the images, not for the sexual acts.
Good luck.
http://en.wikipedia.org/wiki/Adult_film_industry_regulations
You need to check the local laws where you plan to shoot. In some places, paying actors to shoot porn is considered prostitution. In areas where there is no specific laws in place, you want your model/likeness release to specify that the compensation is for the right to sell the images, not for the sexual acts.
Good luck.
Yep, what Lucky said. Every state's got it's own laws and regulations. It's not true that California is the only state in which it's legal. Beyond the issue of paperwork, there's also the issue of testing for sexually transmitted diseases, and use of condoms. Again, you gotta check with your local state to see what's required.
I'm not sure who to check with to get the answers you need. Maybe check with your local film office? I doubt they would be able to help you, but maybe?
I'm not sure who to check with to get the answers you need. Maybe check with your local film office? I doubt they would be able to help you, but maybe?
I would call one of these guys.
http://wiki.answers.com/Q/Where_do_you_find_an_adult_entertainment_lawyer
http://wiki.answers.com/Q/Where_do_you_find_an_adult_entertainment_lawyer
The People vs Freeman says otherwise. (Not sure what New Hampshire's deal is, though, piggybacking onto a California ruling)
It basically says that paying two actors to perform sex is not prostitution.
I wouldn't know, because I'm a morally upstanding citizen, but I have a friend who tells me he's seen plenty of porn that was definitely not shot in either California or New Hampshire.
I found an interesting article on the subject -- http://adultbizlaw.com/the-problem-with-producing-porn-outside-california/
I found an interesting article on the subject -- http://adultbizlaw.com/the-problem-with-producing-porn-outside-california/
Try your county's health department, which will have contact with your state's health department.
Likely, there's a state website addressing this issue because there isn't much new under the sun.
GL.
That is not even close to true. Porn is filmed all over the country, even on the open road (as with series like Girls Gone Wild and Bang Bus). There are plenty of porn producers on the East Coast and in Florida. As long as it's filmed on private property, I don't think there are any laws that specifically regulate it, except for record keeping to assure all parties are of age. Now, distribution may be another story. I'm sure some states are more porn-friendly than others when it comes to distribution.
Fixed it for ya.
A lot of people, including attorneys, who believe in the first amendment would strongly disagree with you.
This is all academic to me, as I don't plan on producing a porno any time soon. However, if you're inclined to make one I'd say shoot it wherever you want. Just make sure your distributor and custodian of records are in California or New Hampshire. Once it's in the can, it's really nobody's business where it was filmed.
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How exponentially more difficult it has gotten to make money on them is the reason I have never shot one.
I don't see how People v. Freeman has anything to do with any state other than California. If it was used as a precedent, it would only serve to say that that pandering laws could not be used as a "tool to impose a system of governmental censorship of erotic materials."
Also, People v. Paulino accomplished the same thing for the state of New York.
The only federal regulations regarding pornography deal with kids and anything considered "extreme pornography" which pertains to sex with animals and corpses, et al...
So it comes down to each state as to what would be considered obscene or pornographic.
But even if pandering and prostitution were issues, then I don't see why it would be illegal in a place like Nevada. Prostitution is legal outside of Clark and Washoe Counties, although others may have been added to that list recently. But I do know that there are several legal brothels in Nevada...
But then again, I'm no expert...
Also, People v. Paulino accomplished the same thing for the state of New York.
The only federal regulations regarding pornography deal with kids and anything considered "extreme pornography" which pertains to sex with animals and corpses, et al...
So it comes down to each state as to what would be considered obscene or pornographic.
But even if pandering and prostitution were issues, then I don't see why it would be illegal in a place like Nevada. Prostitution is legal outside of Clark and Washoe Counties, although others may have been added to that list recently. But I do know that there are several legal brothels in Nevada...
But then again, I'm no expert...
I don't live in Navada, so you probably know more than I, but isn't the prostitution there only legal inside the licensed brothels? That would mean you could only shoot your porn in a brothel.
However, I don't really buy the pandering and prostitution angle on porn and believe there are surely always ways around it. Such as only filming married couples. What jury would convict a married couple of prostitution for having sex with each other?
Personally, I believe that anything that takes place between consenting adults behind closed doors is nobody's business but their own - especially not the governments. But at the heart of the issue, the actors are paid for the rights to exploit their image, not for having sex. That's not prostitution. I have no real desire to make a porno, but I hate being told I can't do something when the reason is based in total hypocrisy. I'll often do it just to spite those who say I can't.
Very true. I would imagine you'd have to cater to a very specific niche or fetish in order to make any money in porn these days. My wife and I used to joke about producing a porn series called "Ugly F**kers" which would only feature very unattractive people having sex. I could actually see a niche market for that.
However, I don't really buy the pandering and prostitution angle on porn and believe there are surely always ways around it. Such as only filming married couples. What jury would convict a married couple of prostitution for having sex with each other?
Personally, I believe that anything that takes place between consenting adults behind closed doors is nobody's business but their own - especially not the governments. But at the heart of the issue, the actors are paid for the rights to exploit their image, not for having sex. That's not prostitution. I have no real desire to make a porno, but I hate being told I can't do something when the reason is based in total hypocrisy. I'll often do it just to spite those who say I can't.
Very true. I would imagine you'd have to cater to a very specific niche or fetish in order to make any money in porn these days. My wife and I used to joke about producing a porn series called "Ugly F**kers" which would only feature very unattractive people having sex. I could actually see a niche market for that.
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The pandering, solicitation and prostitution issues come in to play when you ask the performers the question, "Would have have had sex with the other person had you not been getting paid?" If the answer is no, the performers are prostituting, the casting folks are soliciting and the producers/distributors are pandering. If you get a zealous prosecutor, you might find yourself facing prison time even if your release says that the money is for the rights to sell the images, not the sex.
As I understand the laws in Nevada, aside from the two counties that prohibit prostitution all together, prostitution is legal but other laws prohibit street walkers. If my information is correct, licensed prostitutes can ply their trade anywhere as long as they aren't doing so out in open view of the public. With proper licensing, you shouldn't have a problem in most of the state.
*Of course I am not a lawyer and these are just my personal (non-professional) opinons on the information that I have at this time. As always, you should consult a qualified attorney with any and all questions regarding the legality, or lack thereof, of any project that you are questioning.
As I understand the laws in Nevada, aside from the two counties that prohibit prostitution all together, prostitution is legal but other laws prohibit street walkers. If my information is correct, licensed prostitutes can ply their trade anywhere as long as they aren't doing so out in open view of the public. With proper licensing, you shouldn't have a problem in most of the state.
*Of course I am not a lawyer and these are just my personal (non-professional) opinons on the information that I have at this time. As always, you should consult a qualified attorney with any and all questions regarding the legality, or lack thereof, of any project that you are questioning.
My buddy and I are scouting for a permanent place to film (where we can build sets) and we found a location we are considering renting. The Property Manager is motivated to rent to us since they are having a difficult time getting tenants. When we mentioned what our purpose was she made it clear that if we filmed porn on the site our lease would be terminated. Since porn is not in our future it's not an issue but could be to other people. I'm not sure eviction would be legal unless it was specifically written in the contract but here in the "Bible Belt" you never know.
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