Question regarding film production

[PrivateCollector]

I have a question that the more knowledgeable members of this forum may be able to answer. I have had the pleasure of enjoying the company of several girls that were comfortable catching our fun on film and video. It was understood that pictures were not be distributed publicly except for any that the girl wanted to use for advertisement. I would like to expand my experiences and collection and I wonder about the legality of this. I would like to film encounters with a non-public understanding. I would provide a copy of all material that did not give away my identity. If possible, there would be a manner to mutually agree to the use of any material for publicity. Is something like this possible? To receive the protection provided to adult film productions, would I need to operate as a business?

I am in Dallas, TX and I would offer compensation commensurate with that paid for commercial films. While I wait for any information and dig up my own, I am interested in being contacted by anyone in or traveling to Dallas.

[MacShreach]

I have a question that the more knowledgeable members of this forum may be able to answer. I have had the pleasure of enjoying the company of several girls that were comfortable catching our fun on film and video. It was understood that pictures were not be distributed publicly except for any that the girl wanted to use for advertisement. I would like to expand my experiences and collection and I wonder about the legality of this. I would like to film encounters with a non-public understanding. I would provide a copy of all material that did not give away my identity. If possible, there would be a manner to mutually agree to the use of any material for publicity. Is something like this possible? To receive the protection provided to adult film productions, would I need to operate as a business?

I am in Dallas, TX and I would offer compensation commensurate with that paid for commercial films. While I wait for any information and dig up my own, I am interested in being contacted by anyone in or traveling to Dallas.

I'm a bit confused about what you actually want to do so tell me if I have this right: You want the film for your own private use but you are prepared to let the girl use it for publicity. You will pay the girl to appear in the film. You want a reliable agreement covering the use of the film by the girl. So far so good?

Okay, if that's right you need a signed contract between you and the girl with those terms written in before any filming. The law is different in the US from here so I am not going to attempt to advise you on the form the contract should take or whether it needs to be witnessed. However it doesn't sound like it would be a lot more complicated than a standard restricted model release.

However, speaking as a photographer I would question whether you should give the girl a copy at all if you are paying her a commercial rate to "star." I personally would need some persuasion, to be honest. But that's just me.

You really really really must obtain a copy of valid photo ID for the girl proving that she is of age and keep that with the signed contract. Since you are in the States you should check what the situation is under 2257 and see if there are any other requirements. DO NOT UNDER ANY CIRCUMSTANCES take the risk of being accused of filming sex acts with a minor and being unable to prove your innocence. Just don't.

Whether the making of the images in question is legal or not would depend on your jurisdiction; in general terms images made with the consent of those involved are legal as long as no illegal act is depicted (it could be incitement) and the parties are competent to give their consent, ie of sound mind, of age, not under duress etc.

HOWEVER!!!!! Your only redress if the girl was to make your name public with the film, or make public film in which you could be identified, which I presume are your primary concerns, or abuse your agreement in any other way, is through civil litigation. This is a "stable door" protection-- it is redress after the fact, ie the secret will still be out and the damage done. Furthermore it's a pretty basic axiom of civil litigation that it's only worth suing someone who has money and a permanent address. Your girlfriends may not fit into that category......

CAVEAT: I'm not a lawyer, just a photographer, although this is an area I've had to become familiar with. If you're really concerned, front the cash and speak to a lawyer, but make sure it's a media lawyer, not a divorce specialist.....