Quote:
Originally Posted by Wautier
If you shot thousands of pictures and 50-100 scenes, then it could be very easily claimed that you were business partners, and that the talent wasn't duped as much as a one-time performer, or someone who did a couple of scenes.
You would likely be sued for a better percentage in the former scenario, but in the latter scenario, you would be sued for damages and for content removal.
Context matters, because:
1. Have you paid her (or him) a lump sum?
2. Is the content vanilla, or is it something very extreme, or shameful?
3. Can you prove how much you made off of her (or his) content?
If it cost you approximately $2000 to shoot a scene, and most of your members tuned in to watch that particular scene, then you could argue that you paid very little, but gained quite a lot.
You can't go to prison for something like that, it would be a civil matter entirely.
This law is to do with something criminal, i.e. publishing someone's images or videos without their consent, or creating fake explicit pictures, etc. which should land you in prison regardless.
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I'm sorry been watching this thread and it baffles me as to whether you've actually shot any scenes much less been in this industry for long to know the rules>
I'll try to help out if I can....
If you shot thousands of pictures and 50-100 scenes, then it could be very easily claimed that you were business partners, and that the talent wasn't duped as much as a one-time performer, or someone who did a couple of scenes.
The contract usually details how many scenes - and also using that logic if I had a team of construction builders put up a building and worked a few years doing it - does that mean that I own part of the business that leases the building? No - you are contracted no matter how much work you do.
You would likely be sued for a better percentage in the former scenario, but in the latter scenario, you would be sued for damages and for content removal.
A contract job is just that - you were told what was expected and how much. You can't come back and demand more because you thought you worked harder.
Context matters, because:
1. Have you paid her (or him) a lump sum?
2. Is the content vanilla, or is it something very extreme, or shameful?
Shameful?? That's a matter of opinion isn't it. A model is told what scenes are coming up - if she doesn't want to do it then they'll find someone else who can. It should be clearly laid out at the beginning. But there is not really shameful or morals only legal and not legal when it comes to shooting porn.
3. Can you prove how much you made off of her (or his) content?
Maybe - I would expect that if she's invited back for more scenes. If you're in the adult industry you should know already people don't share their numbers openly with anyone.
If it cost you approximately $2000 to shoot a scene, and most of your members tuned in to watch that particular scene, then you could argue that you paid very little, but gained quite a lot.
Wow - that's not an argument that's an omission since for every eg. 100 scenes you may only get one that's memorable and watched more while the other 99 are waste - so the phrase is not we paid little - it's we got lucky and paid the producers and editor well.
You can't go to prison for something like that, it would be a civil matter entirely.
The three most common civil cases are tort claims, contract breaches and landlord/tenant issues. If the model signed a contract and the company fulfilled the contract as written how then does that constitute a breach? Everyone did what they were suppose to do.
Oh and for the record if someone loses a case in civil court, that person may be ordered to pay money to the other side or return property, but that person does not go to jail just for losing the case.
This law is to do with something criminal, i.e. publishing someone's images or videos without their consent, or creating fake explicit pictures, etc. which should land you in prison regardless.
Well since there have been cases of voyeur content happen without consent most adult producers stay clear of that scenario altogether. Even those walking around in the background. That issue was dealt with a long time ago but I'm sure there are cases where it happens. As far as creating fake pictures - that's out of the hands of the producer but rather the users who created them - even sold them without consent. Sure there are touchup's that occur on images but that's Photoshop. DeepFake porn has yet to make it's way into laws but it's close - I mean where do you stop? drawings? paintings? etc. there is a lot to cover.