Would you film a girl...

[Project Manager]

... who is willing to show her ID (as proof of age), but not willing to sign a model release form?

[CDSmith]

My answer would be no.

[BobG]

only if I'm not paying her or if she's paying me to shoot it. I pay = I make the terms!

[After Shock Media]

Sure as long as I am being paid to film her.
What she or whoever is paying me for the footage does with it is up to them.

Now if your asking would I film a girl with ID, for my own commercial use? no.

[S P A N N O W]

From a production point of view, content you don't have the rights to is useless. If you're being contracted by her then that's different...

[Domain Diva]

... who is willing to show her ID (as proof of age), but not willing to sign a model release form?

100 percent NO, your just asking for problems later l think

Just explain its whats needed and why,l have seen this before but if explained well enough it ususally gets signed

[gandalfuy]

You should not.

[LiveDose]

As mentioned earlier only if it's not for your use.

[Domain Diva]

As mentioned earlier only if it's not for your use.

Even just for your own use ,best to have as much paperwork as possible dont wanna be doing a Mike Tyson...people can always make crazy stories up later so at least you have covered some groundwork if such ever happens.

Better to be safe than sorry is my motto !

[Project Manager]

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)

[OverdueNudes]

what would happen is she could easily sue your ass

[Ozarkz]

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)

You can be sued. Maybe worse.

http://www.adultinternetlaw.com/content.php

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.

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

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?

[Project Manager]

huh?? anyone can sue anyone for reason or not. what's the problem - in the end?

[heymatty]

Obviously there is a problem already, the model has an issue with the release.

You have two choices agree to edit the clauses she is not happy with or get her walking. Unless you are just a gwc who wants stuff for a personal collection or something.

[Loch]

are you retarded? No seriously i mean that?
you would pay HER to shoot her, then take HER content and illegally use it so that SHE could sue YOU?

And yeah that is exactly what could and probably would happen

[Ozarkz]

huh?? anyone can sue anyone for reason or not. what's the problem - in the end?

The release protects you so that you CAN'T be sued for certain things.

or at least if they try to sue you they will lose.

[Loch]

Until she signs the rights over to you "a model release" she owns the pictures/video.

[Loch]

The release protects you so that you CAN'T be sued for certain things.

or at least if they try to sue you they will lose.

Errr no, it makes the content yours.....incredible that people don't know this!

[MandyBlake]

no. what the hell am i gonna do with it?

[LiveDose]

Even just for your own use ,best to have as much paperwork as possible dont wanna be doing a Mike Tyson...people can always make crazy stories up later so at least you have covered some groundwork if such ever happens.

Better to be safe than sorry is my motto !

I was saying 'not' for your own use. As in the model or client buying the rights to the photos for their own use. I used to shoot with some models in NYC in this kind of arrangement and priced the shoots accordingly. In this case why would you need a release?

[Domain Diva]

I meant its always good to have as much paperwork as possible even if its for personal,non personal or whatever use, meaning that what if a model just for the hell accuses you of forcing her to take those pics later ? or crazy accusations....yes the topic has hit gfy in the past,hence the more details and signed agreements you have on file for any job cant be a bad thing to have as backup.

Just my

[heymatty]

Errr no, it makes the content yours.....incredible that people don't know this!

The content is yours if you shot it. What you are able to do with it is whats at stake.

[Loch]

The content is yours if you shot it. What you are able to do with it is whats at stake.

Nope!
When you shoot images / video of a girl in private "non public place" she owns ALL the rights, everything............
The model release signs those rights over to you.

You can then add an unlimited legal jargon, but that is the gist of it.

[Loch]

The content is yours if you shot it. What you are able to do with it is whats at stake.

Now if you shoot some person running down the street, then yes its yours as the photographer!
There is a HUGE difference.

[Octopus]

100 percent NO

[Davy]

... who is willing to show her ID (as proof of age), but not willing to sign a model release form?

Shooting her would be stupid.