Location Agreements : What fresh Hell is this?
It seems that Only Fans have been asking SOME people for a Location Agreement re content, where they want the LANDLORD to sign that they are cool with porn. UPDATE : have been told that others are too.
Note : This doesn’t seem to be standard, or even common, at the moment, so I think it must be when they see something and it makes them worry. But, it’s one small step from, “when we see something that we worry about” to “the lawyers think we should get them as standard”. So…
WHY are they doing this?
The obvious answer is that this case has raised the possibility that owners could sue OF over content filming at their location, without permission.
UPDATE : A US lawyer has told me that the platforms shouldn’t be at risk under this, so, hey ho…
OF is rich, OF makes money from distributing porn, in the US legal systrem, that make OF a target for lawyers. I have no idea if there would be merit in such a case, but OF probably don’t want to spend the time or money finding out, even if they are sure that there is none. If they have paper signed by the property owner, they are protected.
So, that’s my guess of the OF position.
There is also a thing about outdoor sex needing this too, but stating that it was private location. TBH I have no problem with this. As a UK producer in the naughties all outdoor shoots had to have a landowners release stating that the action couldn’t be seen from any road, right of way or neighbours property. That would still be sensible.
But, going back inside, is it reasonable, esp under UK and EU law?
Let’s look at the places where you can film porn :-
The home you own.
You can sign and be happy.
The home someone else in the business owns.
They can sign and everyone is happy.
A third party property hired for the shoot such as a studio, apartment, hotel etc
It’s a reasonable ask.
A studio will grant it, and, although everyone loves shooting in anonymous hotels and apartments that don’t care, OF are worried about someone shooting somewhere that does… The fact that it knocks the rest out isn’t their problem.
The home you RENT
This is the biggie.
No one wants to ask their landlord for that document.
Landlords are not all cool with people making OF content. You could get given notice.
In some places, where the law doesn’t like OF, you might get no notice, just evicted, or even prosecuted. Your landlord, even if supportive, might not be allowed to be, and could be prosecuted.
So, dealing with this.
UK rules – landlords can’t even enter your home without an appointment, (except in dire emergency, like smell of gas).
You have the legal right to quiet enjoyment of your home.
It’s your home, and you can basically treat it that way, so long as you don’t disturb the locals or do illegal shit. This includes that you can run a business. (Technically you are supposed to ask in writing, but the landlord is not really allowed to say no to anything legal. But, SW is, probably, complicated).
I think that OF should be fine with a statement from you to the effect that, “this is my home, where I live”. That should be enough for them to show that they are acting in good faith. And your home probably doesn’t look like a hotel or AIRBnB anyway…. (it is that neat? Just me then…)
What privacy rights do you have as a tenant in other countries? Find out.
ALSO – UK/EU based people – GDPR. Does OF have a legitimate interest in collecting the signatures of your landlords? I really don’t think so. You could ask the https://ico.org.uk/ but I think now we have Brexited you guys in EU will need to find which country regulates OF. (A lot of US companies choose Ireland).
So, re your home that you rent, try something like “I confirm that this is my home, which I rent, and that under the quiet enjoyment of the property rules, I can make content, and it’s nothing to do with my landlord. I will of course be happy to get location agreements when I use other locations”.
There is always the “just fake the landlord signature” option. I am not a lawyer, but I suspect that could have major nasty unintended consequences.
If OF chose this hill to die on, you’ll just need to move to a less up itself platform.
If you have your own site, you can do WTF you like.
If platforms decide to back date this requirement, if you have your own site, you can sell all your older stuff there.
GOOD NEWS
A friend owns a nice house in the country – Midlands – , and he will sign location releases. Prices aren’t fixed, but think £200 for the day, and it is lovely. But you have run of the property (indoors. No outdoors as garden is visible from the road). Reach me on Twitter.
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