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Old 05-29-2011, 07:14 PM  
pornlaw
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Join Date: Feb 2007
Location: Los Angeles, CA
Posts: 1,857
If you are talking about producing porn in OK - only 2 states - California and New Hampshire have Supreme Court decisions that legalize and protect hardcore content production as a First Amendment right.

Everywhere else it is a gray area of the law. If arrested and prosecuted the decisions from the two other states can be used to show the court why prostitution laws should not apply to the production of porn, but thats not a guaranty they will follow in CA or NH footsteps.

Further, it puts your model releases in a precarious position in regards to enforcement. If hardcore content production is not legal in the state in which you produce you take a chance that if ever challenged by a model, the court may decide that the release is void ab initio...a fancy latin term for unenforceable.

And if so, he/she may sue for profits under a theory of Right to Publicity - as though the release never existed.

Its a low risk chance, but the downside could be huge. Ask Ray Guhn from Florida....

BTW - NV is a great looking site !
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Last edited by pornlaw; 05-29-2011 at 07:18 PM..
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