I'm interested in starting to produce and sell content and I'm just curious about the legal details when embarking on this type of thing. Is there a bookmarked post already that covers this topic? My main questions are regarding release/legal forms. What all needs to be documented? Can I write up this type of thing myself or do I need to pay somebody to create a legal contract? Is a simple release form signed by the model all I need or do I also need to document payment made to said model? And how does it vary depending on the nature of the scene (x-rated,r-rated)?

My main concern is regarding any x rated content. Obviously if I'm just shooting a model it seems a simple release form would suffice, but if I'm also in the scene doing sexual acts with the model what does that require as far as legal documentation? I'm ideally wanting
To do some POV/Gonzo X Rated type wam vids. How is paying a model to do a shoot with sex involved legally done? Obviously prostitution is illegal so there has to be something in the fine print that is separating this type of thing

For copyright, what you need depends on where you live. In the USA, just being the producer of the image/video gives you copyright. But for use of likeness you'll be best served by, and if you're going to publish here, you'll need a model release. There are templates available online, but I advise having a lawyer create one specific to your needs. You will also need copies of ID showing that the model is over 18 years old. It is also important in the US to have 2257 compliant documentation. If your lawyer is on the ball, this can be integrated into your model release so you can have everything in one document. There are also plenty of open variations of these available for free online.


When it comes to filming explicit acts, again it depends on where you live. Some places in the US forbid it, while others are much more open. It can even vary on county within different states.

https://en.wikipedia.org/wiki/Pornography_laws_by_region

Find your broad porn laws there.

Ok, thanks for the response. I'm in Idaho, which looks to have stricter laws. But at the same time I know girls who have only fans here and are selling explicit content. I'll keep doing my research and any more feedback from you guys is greatly appreciated. Non sexual shoots seem pretty straightforward. Im mainly curious how you legally go about paying a model to do a shoot with sex acts involved and how that needs to be documented

That's again part of local ordinances. Some places allow nude shoots but not penetration etc. best to talk to a lawyer about that one. But in general you just have a release signed and pay them for the shoot. I always film myself paying the models even for non nude shoots as a CYA thing. Most the models I've worked with have been super awesome folks but I've known some people who've had models try and lie later and throw them under the bus denying they got paid. It's best to have receipts for everything. Also helps for if you get audited or anything.

Something that most producers seem to have a vague or incorrect understanding about is that there is no location in the US where it's legal to pay a model and then engage in sexual activity with them on cam. It's considered prostitution in every jurisdiction. The producer can pay two OTHER people to have sex on camera in places where it's not illegal to shoot porn (which is mainly just the San Fernando Valley in CA and one city in the northeast who fucked up a piece of legislation that basically made it legal by accident), but they can't participate physically if they are doing the payment. The model always has to be paid by a different person or entity.

That's why porn producers who are operating legally do so as a corporation of some kind. The corporation pays the model/writes the check. Technically it also has to pay you for your performance if you are physically participating in the sexual activity. You are also required to maintain a model release and 2257 documentation for yourself as well. For every shoot.

As others have stated, it's very fussy legally. Always consult a lawyer who practices in your location. Although it's not strictly legal to shoot porn in Nevada, there are several counties where prostitution in licensed brothels is completely legal, so there isn't really any practical enforcement against shooting porn in Las Vegas. It's pretty live-and-let-live here

Thanks Soundguy, that clears up a lot. Its sounds like to be doing everything by the book is pretty involved. With the prevalence of average everyday women starting an onlyfans and uploading their own explicit content for sale I wouldn't have assumed the laws were so strict. I personally know several girls who are selling content on onlyfans.sounds like it's probably not even technically legal though if you're telling me that Cali is still the only place you can legally produce pornography.

That leads me to the assumption that a ton of content out there is technically Illegal and it probably isn't really something that can be or is enforced if you stay under the radar. That being said, I'd never want to embark on something like this unless I was doing everything 100% legal so it's already starting to sound like too much work

Soundguy is right about payments. For just about any business, operating as an LLC or corporation is best practice if for no other reason than to, as the name LLC implies, limit your personal financial liability.

As far as girls producing hardcore content for their onlyfans, a LOT of the folks I know doing this do not pay their male counterparts. Most of them barter content if the guy has his own profile. They'll each shoot a scene for one another's profile, no money exchanged, blammo Bobs your uncle!

There's a handful of places in Arizona that you can shoot hardcore in which are unincorporated county islands. There's also a lot of strip clubs there as restrictions aren't as heavy and you often don't need licenses which are often doled out by the cities.

So does it change if you are filming an X rated scene, but with a partner so there is no payment being made? I'd assume in that scenario as long as we both had our release forms and documents that would remove the issue of paying someone to have sex on camera

Lack of payment or any financial considerations removes the prostitution element. I do a lot of barter work with the models I shoot with. But I also don't shoot hardcore

Thanks for the replies guys, it really clears a lot up. I think for now I might just focus on some nude non X rated shoots and save the X rated content for when I have a romantic partner who wants to collaborate. Cheers!!