| Ozarkz |
04-15-2009 10:16 PM |
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Originally Posted by Project Manager
(Post 15749659)
thanks for the resounding 'no', but what can/will happen if I don't have a model release form?? (a very naive question, but please - if you could answer it)
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You can be sued. Maybe worse.
http://www.adultinternetlaw.com/content.php
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A release and 2257 compliance are kind of 2 different things. 2257 has more to do with age verification. A release is really just an agreement where the person waives their right to sue arising from certain activity. If you're just posting your private video up for a few friends to see, then you probably can get away without having a release. But, you could still be sued if someone in the vid felt there was an invasion of privacy, defamation, or violation of right to publicity. So if your using the vid for sale or advertising purposes without a release, you're asking for trouble. And if the person involved is doing anything sexual and they didn't consent to you posting the video (and they find out about it), they can definitely call for invasion of privacy and/or defamation.
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Everyone has a right to privacy and publicity. In order to commercially profit on a video, barring newsworthy uses, most circumstances require a signed release.
No release = civil liability. Its called Civil Code section 3344 in California.
But it requires those being exploited to enforce their own rights.
There's a ton of vids on the net that could be the basis for legal action. But most dont either know they are posted some where or they choose not to go through the expense.
Michael
www.adultbizlaw.com
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An area of great profitability in the adult Industry is content production. There are a number of critical legal issues that arise with content and they must be addressed before you undertake filming. Following is a discussion of the single most important item for a content provider as well as interviews with two content producers so that you can see how these issues are applied.
Model Releases
The single most important legal document that you must have before shooting adult content is a model release. If you are ever investigated by authorities or become involved in a copyright infringement dispute, your model releases must be in order.
What is a model release?
A model release is a legal document that establishes a number of facts pursuant to federal and state law. Without a model release, your content is worthless. So what is it?
Initially, your model release should establish that the models are assigning the copyrights associated with their images to you. In simple terms, this will mean that you have the right to sell the images without paying the models royalties. To this extent, the release should also contain language establishing that the models are independent contractors, which means that you are not required to make tax payments on their behalf.
Secondly, the model release should establish that you have right to sell or publish the images as you see fit. This means that you can place the image in advertising, on thumbnail posting sites, in graphic sexual sites and even resell the images to another site. These are only a few options that are covered in a solid model release.
The most important aspect of a model release is that it establishes that the models are not minors. To do this, you will need to obtain copies of official government documents issued to the model. Typically, this is the model's driver license or passport. You must then maintain the model release at your primary business site so that it can be inspected by legal authorities if there is an claim that your models are under age. In most jurisdictions, your models must be at least 18 years of age, but this varies from location to location.
These are the three most significant points that must be established in a model release. There are others depending on the type of content, so make sure you speak with us if you have any questions. Releases are relatively inexpensive, so there is little financial hardship in getting it done right.
Frequently Asked Questions Regard Model Releases
1. If I shoot male-female content, do I have to get a model release from the male model?
Yes. Regardless of whether you are shooting a solo model or a combination of models, you must get executed model releases from each and every model.
2. Can I use a model release loaned to me by a friend in the business?
Using these shared model releases is a big risk. The type of model release will depend on the content you are shooting. If your friend's model release is intended for solo models, it will not have provisions relating to sexual transmitted diseases, etc., because such issues do not exist for a solo model.
In addition to the above, you need to remember the concept of "garbage in, garbage out". Ostensibly, you do not know if your friend's release was originally created correctly. Maybe it was, maybe it was not. You will ultimately only know when the police are looking at it. Do you want to take that risk?
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