The New World of Paperwork
Pulling together a few things that have been happening in the background – basically legal cases in the US and Canada, new, or at least more enforced, rules from Credit Cards – what they mean for ALL of us content creators and performers.
No paperwork, no sales!
This is the key. All the platforms will soon (if not already) be wanting to see ALL the paperwork for all your content. Everything else follows from that.
Platform – Risk and Opportunity.
Platforms will be accruing vast quantities of private personal data – model releases, ID’s etc.
This makes them a major target for hackers, and, to be honest, that means it’s not IF, but WHEN a major platform suffers a major data breach.
You need to make sure that your model releases make it clear that performers private information will be in many, many places, and that they grant permission for this under GDPR. You do not want to be held liable.
PERFORMERS TIP : Business Addresses for Performers
For personal security, there is a case to be made for getting an accommodation address. If there is a leak, it’s not your home…
You can use this for Model Releases, (though in the UK, not usually for Driving Licenses. Check with the accommodation address).
So, What Paperwork:-
Model Release : needs to be clear. Needs to be clear that data will be out of your control. Porn people have always known their porn will be seen, but not so much that private names and addresses might be.
I have my versions in other articles, but I’m UK. For a proper USA lawyer one…
Photo of Model Holding the Release and ID : Required by some platforms.
ID : TWO photo ID’s. Two used to be standard, but recently one has been acceptable. Be prepared for TWO to become standard again.
Mickey Mouse Shot : ID(s) being held by the face to prove that the ID is that of the performer.
Redacted ID : There is a good case for redacting the full address and ID numbers in copies sent up to platforms. ID is about proving AGE, and that the person in the video is the person in the ID. If the platforms kick up a fuss, send them the unredacted version, but it’s in their interest not to hold data they don’t need. But, they’ll do what their lawyers tell them.
Location Release : This “the new old school”. Old school producers got location releases. Mainstream always get them.
Platforms, are asking for them on an ad hoc basis. Not often, and from what I’ve seen, no obvious reason, so sounds like them simply doing random audits.
HOWEVER too many porn people have been shooting in AIRbnb and interesting recognisable locations. Platforms know that AS DISTRIBUTORS they can be held liable for the actions of Creators, and even if they win the case, that’s aggro they don’t need. Shooting in a location without permission, where the owner then gets angry could result in the video being deleted, and, possibly, your account and hence income.
I’d be prepared for Location Releases to become standard soon after too many people shoot where they shouldn’t.
If you are shooting with permission, get a Location Release. And if shooting without permission, avoid “cool” places, stick to corporate bland.
Video Consent and Release : A video where the performer uses their real name and consents to the video, and the terms of the release.
Platform Special Requirements : Know what your intended platforms want.
Most commonly – they want THEIR model release completed. Make sure you take them with you, as well as your own. Yes, this can end up being War and Peace levels of paper, but, their platform, their rules.
Freyja-xo.com requires that all performers have a Freyja account and complete their online consent.
What about existing content?
Some might have to be taken down if you don’t have all the paperwork, esp if they want paperwork you didn’t need when you shot it.
At least one platform has laid out that in the next few months they will need the paperwork for all the old content to be brought up to speed.
On YOUR OWN SITE, you only have to follow the law, (which varies from NONE, to 2257, depending where you are), and Credit Card rules, if you take cards. So, your own site can host old content that platforms don’t want.
Any way around this?
Your LEGAL requirements re documentation will depend on your country, and you will need to follow them. In the USA it’s 2257. In the UK, there are none, where Model Releases and ID’s etc are simply evidence that everyone was up for it and of age.
Sell Direct : Selling direct and getting paid by cash apps, cash in post, bank transfer etc, you only need care about your legal requirements.
Your own website : As direct, but a proper shop. You can even take credit cards, as you have all your paperwork, and don’t have to share it.
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