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Joshua G

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#1

prostitution or pornography?

01-31-2009, 06:55 AM

I have never understood why the act of paying for sex is illegal, but throw a camera into the mix & this is pornography & legally protected speech. I know technically porn production is illegal everywhere except LA county, but nobody in Jersey was ever jailed for shooting porn. I have a business license that explicitly states i produce & distribute porn. Why doesn't the govt prosecute all porn productions under prostitution laws?
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Mutt

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#2

01-31-2009, 07:04 AM

hey where did you shoot Erin the girl in your avatar?

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Reak AGV

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#3

01-31-2009, 07:24 AM

I dont understand it either, maybe because prostitution is more public when legal?

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#4

01-31-2009, 07:26 AM

Puritans.

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Enough Said.

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Joshua G

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#5

01-31-2009, 07:35 AM

Originally posted by Mutt

hey where did you shoot Erin the girl in your avatar?

She worked for me last summer. She gave me some of the best bouncing boob footage ever! I will be publishing in the not too distant future...
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seeandsee

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#6

01-31-2009, 07:39 AM

tax sex !!!!

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woj

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#7

01-31-2009, 08:14 AM

I wonder if it's a legit loophole... you get a prostitute, snap a pic or 2 of her, then when you get busted, you say it was a porn shoot? heh

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Altheon

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#8

01-31-2009, 08:18 AM

Ha ha woj. Just call it a POV shoot.
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#9

01-31-2009, 08:42 AM

i really don't know the answer -good question
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#10

01-31-2009, 08:46 AM

because its regulated under your license

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#11

01-31-2009, 08:56 AM

i like both

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#12

01-31-2009, 09:18 AM

Prostitution should be legal anyways.

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#13

01-31-2009, 09:34 AM

Originally posted by AlienQ

Prostitution should be legal anyways.
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#14

01-31-2009, 09:37 AM

Originally posted by joshgirls

I have never understood why the act of paying for sex is illegal, but throw a camera into the mix & this is pornography & legally protected speech. I know technically porn production is illegal everywhere except LA county, but nobody in Jersey was ever jailed for shooting porn. I have a business license that explicitly states i produce & distribute porn. Why doesn't the govt prosecute all porn productions under prostitution laws?

why are you even asking? If it ain't broke, DON'T FIX IT!

besides all the girls do BOTH, at least the smart ones do both.

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mikesouth

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#15

01-31-2009, 10:21 AM

It's not a loophole and the legal argument is very simple.

When you shoot a girl there are 2 copyrights to the work, yours and hers neither of you can do anything with that content without the others consent, this consent comes in the form of a model release that releases the models copyright to the photographer, or a photographers release that releases the photographers copyright to the model.

What you are paying for is the release of the copyright, not the sex.

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Klen

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#16

01-31-2009, 10:28 AM

I was wondering yesterday that too also.But it seems prostitution is half legal in us, because many customers are powerful politicians
which prevent bordels being closed.
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cherrylula

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#17

01-31-2009, 12:07 PM

because it is hard to regulate hookers and they spread disease.

but it should be legal, and regulated.
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wyldblyss

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#18

01-31-2009, 02:05 PM

Originally posted by mikesouth

It's not a loophole and the legal argument is very simple.

When you shoot a girl there are 2 copyrights to the work, yours and hers neither of you can do anything with that content without the others consent, this consent comes in the form of a model release that releases the models copyright to the photographer, or a photographers release that releases the photographers copyright to the model.

What you are paying for is the release of the copyright, not the sex.

But if you cum *ON* the release, does that make it prostitution because you are sort of paying for partial sex?
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Michaelious

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#19

01-31-2009, 02:07 PM

Yeah i've always wondered that myselff
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tony286

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#20

01-31-2009, 07:56 PM

Originally posted by mikesouth

It's not a loophole and the legal argument is very simple.

When you shoot a girl there are 2 copyrights to the work, yours and hers neither of you can do anything with that content without the others consent, this consent comes in the form of a model release that releases the models copyright to the photographer, or a photographers release that releases the photographers copyright to the model.

What you are paying for is the release of the copyright, not the sex.

well said mike
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After Shock Media

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#21

01-31-2009, 08:14 PM

Originally posted by joshgirls

I have never understood why the act of paying for sex is illegal, but throw a camera into the mix & this is pornography & legally protected speech. I know technically porn production is illegal everywhere except LA county, but nobody in Jersey was ever jailed for shooting porn. I have a business license that explicitly states i produce & distribute porn. Why doesn't the govt prosecute all porn productions under prostitution laws?

To start it is not just legal in LA county, it is legal statewide in CA.
Pornography would fall under a form of performance art and be covered by free speech laws, where prostitution has no such grounds.

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DWB

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#22

02-01-2009, 12:23 AM

Originally posted by Mutt

OMG... those tits are perfect.

And yes, its ALL prostitution as far as I see it. I don't care what California law says, if you are getting paid to have sex, it is what it is.
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DWB

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#23

02-01-2009, 12:25 AM

Originally posted by mikesouth

It's not a loophole and the legal argument is very simple.

When you shoot a girl there are 2 copyrights to the work, yours and hers neither of you can do anything with that content without the others consent, this consent comes in the form of a model release that releases the models copyright to the photographer, or a photographers release that releases the photographers copyright to the model.

What you are paying for is the release of the copyright, not the sex.

That's a very clever way to put it.

It's like the hookers that sell a lighter to you for $100. The sex is free.
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Sid70

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#24

02-01-2009, 12:27 AM

i did like it much better covered with a bra

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sexandcash

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#25

02-01-2009, 12:39 AM

Originally posted by Adultmix

i did like it much better covered with a bra

she's a great looking girl but she is sagging (i mean, they are natural and very large...not very unexpected mind you)
I agree...

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Si

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#26

02-01-2009, 06:49 AM

why does it matter?
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Joshua G

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#27

02-01-2009, 07:18 AM

Originally posted by After Shock Media

To start it is not just legal in LA county, it is legal statewide in CA.
Pornography would fall under a form of performance art and be covered by free speech laws, where prostitution has no such grounds.

best response so far IMO.

Digging deeper, the 1957 US Supreme Court decision Butler vs Michigan established the right of adults to produce & consume porn, arguing that, to prohibit the sale of porn would "reduce the adult population of michigan to reading only what is fit for children."

I'm happy now.
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pornlaw

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#28

02-01-2009, 08:12 AM

Originally posted by mikesouth

It's not a loophole and the legal argument is very simple.

When you shoot a girl there are 2 copyrights to the work, yours and hers neither of you can do anything with that content without the others consent, this consent comes in the form of a model release that releases the models copyright to the photographer, or a photographers release that releases the photographers copyright to the model.

What you are paying for is the release of the copyright, not the sex.

Not true... where does the California or New Hampshire Supreme Court discuss model releases, copyrights and intellectual property in either the Freeman decision or the most recent Theriault decision making it legal in NH.

The legal argument is that pornography is a protected First Amendment right and that the person paying the actors, was not receiving sexual gratification.

Under both Freeman and Theriault, POV shoots were the producer and the actor is the same person would not be considered a protected First Amendment right and could be considered prostitution.

BTW - Here is a great article in the Georgetown Law Journal about the enforceability of contracts for sex in this industry.

http://www.georgetownlawjournal.org/...den%5B1%5D.pdf

Last edited by pornlaw; 02-01-2009, 08:16 AM.

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