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| ettin Deactivated User 14 Posts 3/09 |  Posted - Mar 2 2009 : 3:27PMI was looking to create a small adult production company on the east coast and was at a loss for what types of insurance one needs for a production consisting of two crew and 1-3 actors, shooting randomly on different rental properties throughout the year for 1-3 days at a time. Im also concerned about how i should approach insurance companies on the topic of what i produce, should i be upfront and tell them i do adult films or should i say i produce small independent shorts? Im still a bit hazy on the tax issue as well, are my actors considered subcontractors, where i have to give them a 1099 and make them set up their own LLC, or can i just pay them out of pocket? [Link] |
| ettin Deactivated User 14 Posts 3/09 | Posted - Mar 3 2009 : 4:48PM [Link] |
| xxaru Member 128 Posts 6/07 | Posted - Mar 3 2009 : 6:37PM [Link] |
| customer20983 Member 77 Posts 2/08 | Posted - Mar 3 2009 : 9:02PM but seriously your questions indicate that you have very little to no real experience in this area and have no real money to get PROPER legal support. Quick answer is if you do not have enough money to have a RELIABLE lawyer on retainer to advise you should NOT be in this BUSINESS. No offense but the days of a guy with limited resources saying "I do not need a lawyer" are OVER as this is NOT a hobby but a VERY compllicated. The best place to get serious legal and structural information is the PROFESSIONAL conferences that several of the industry professionals attend to share serious info such as The Phoenix Forum for the webmasters or Xbiz Summer Forum where a LOT of serious movers and shakers go. Do NOT go to the overhyped conventions as they are for the "civilians" to gawk and leer at and to generate money for the established producers. Unless of course you are there to scout out the major competition and how well they appear to be doing and what level of talent they are able to recruit for their operations. And that takes me to the next reason you will get little help on open boards like this Those who DO have the experience you are seeking, MOST of them are NOT going to help you for another simple business reality. YOU would become THE COMPETITION and they do NOT want you taking marketshare away from them. ESPECIALLY in this money tight era. So again talk to an experiences lawyer in your locale state and city area where you will be producing to get the legal requirements and attend the specific conferences that will address your particular areas. [Link] |
| ettin Deactivated User 14 Posts 3/09 | Posted - Mar 3 2009 : 10:07PM And they think that not helping people out is somehow going to give them the edge, oh, like ill never figure it out myself. lol, i guess they have a very good reason to be afraid. [Link] |
| betamale Member 93 Posts 3/09 | Posted - Mar 3 2009 : 10:09PM [Link] |
| customer20983 Member 77 Posts 2/08 | Posted - Mar 4 2009 : 2:45AM It would be a different matter if you wanted clarification on say something you read on Mead legal service (legal pay service of all relevant case decisions and pending law changes) and how it applied to your situation. But you are asking for information taht most are making their living off of and most ain't going to do that especially in an open forum where again you are looking to compete with them on the same marketshare.Helping out would be asking for a recommendation for an experienced lawyer who is specifically knowledgable about your situation in your intended state of operations. General information is helping out. Asking people to analyze your potential hirees for tax purposes is asking for legal consultation as in regards to your question of >Im still a bit hazy on the tax issue as well, >are my actors considered subcontractors, >where i have to give them a 1099 and make >them set up their own LLC, or can i just >pay them out of pocket? This matter differs regarding state versus federal income and again should be SPECIFICALLY discussed with a CURRENTLY APPLICABLE lawyer of the state you are planning to operate in. >oh, like ill never figure it out myself. Sure that is why I recommended the specific foums such as the upcoming Phoenix forum as it is one of the BEST places to meet and learn from those who are in the business and get SOLID recommendations from the battle hardened. But if you have all the time to do that type of reseach ON YOUR OWN such as read through all of the existing laws AND case decisions AND PENDING APPLICABLE cases in JUST THAT ONE STATE for ALL applicable areas including existing applicable zoning requirements as requirements differ from township to township, applicable health code settings, film production company incorporation and operation within the area you intend, limitation of film production within their state, distribition of film products created for commenrcial distribution, hiring restrictions on freelancers versus part timers, and a whole host of other legal requirements that we can go on and on about involving the LEGAL creation and operation of a film production company You notice that I have NOT even gone to the obvious areas of pandering and prostitution as some states are FAR more subtle in their restrictions than say the 20 or so obvious ones like Texas which specifically outright ban adult film production and classify it as prostitution and thus illegal to do within the entire state. SERIOUSLY If you are going to be doing all the research on these matters on your own, you are in the wrong business and should be looking at doing law clerking and paralegal work instead. >lol, i guess they have a very good reason to be afraid. No again it just makes no business sense to give away information that they pay for from their lawyers and usually several DIFFERENT lawyers (tax, business, operations, criminal) especially when said info will NOT only be read by you but everyone else who reads this board. Again why would someone want to give away all of their info for free especially when it going to help take away their business? It is a completely different matter if you were asking about a good lawyer who will give you all the legal assistance you are looking for in whatever state you are operating in to create your business, as oppsed to saying "I want people who have gone through the legal headaches to give me all their info that they paid their lawyers for". [Link] |
| loveporn Member 186 Posts 5/07 | Posted - Mar 4 2009 : 9:50AM [Link] |
| JoshD Member 43 Posts 10/03 | Posted - Mar 4 2009 : 6:27PM I'm sure your advice is sound, but I can't believe 90% of such a business is any different from any other small or web business, or from shooting an independent film, and there is a ton of free, reliable info out there. Of course, the other 10% could put you in jail, so it seems that's where the money for advice should go. [Link] |
| pornlaw Member 578 Posts 10/05 | Posted - Mar 6 2009 : 10:26PM (1) Unless your production company is in NH or CA, producing porn is illegal in your state. (2) Since it is illegal (unless you are in NH) it is unlikely you can get insurance for an illegal activity. If you lie and file a claim they can and will deny it as though you never had insurance. (3) If you do get insurance you will need; (a) workers compensation - actors have been determined to be employees and not ICs in California and more than likely that argument would prevail in other states. (b) production insurance - to cover what could happen to your equipment or locations that you rent (c) E&O insurance (optional) but necessary to cover any mistakes you may make in regard to IP issues. Before you buy your equipment or shoot a single picture. Get a lawyer. There probably isnt one in your area that will know the first thing about adult entertainment, so you will probably need to retain one of us from NY/NJ, Florida, California, Chicago, Atlanta or Arizona. Good luck... Michael www.AdultBizLaw.com [Link] |
| customer20983 Member 77 Posts 2/08 | Posted - Mar 7 2009 : 4:42AM Again there is FAR TOO MUCH legal restrictions and ordinances that most who do not do continual research will NOT be aware of and will end up putting them in jail for several years without proper legal counsel. Again that is the SPECIFIC reason that you MUST have an EXPERIENCED lawyer on retainer at the very least for this business unless you are expecting only to be illegal and do it for a quick cash out. The laws are SPECIFICALLY intentionally vague and disembled so that people can be easily targetted and arrested in indirect manners. For example in New York the decision from the State Supreme Court came down that HIRING a FILM ACTOR/ACTRESS for a sexually explcit content is NOT immediately considerd pandering and prostitution but how many filmers are legit film producers who would make such films with the cost of film company operations in one of the MOST EXPENSIVE filming locales. And with the TIGHTEST zoning restrictions namely 2000 ft from any locale whereby minor habitate or congregate there is literally almost NOWHERE in the ENTIRE state whereby you can film as the restriction does NOT limit itself places whereby minor congregate RELIABLY (for several hours duration such as a school and would include say an open park or a flat land where you see two kids riding bikes by) NOR a directional limitation either so that 2000 ft restriction would not only include horizontal but VERTICAL as well so no filming inside a tall office building that has open access to the public. Again these types of assine restrictions are basically effective bannings of adult content despite statements of no it is not outright banned as not too many have the money to buy say 30 acres in a state to have a place to operate within and THEN regard the locale limits of each township that may specifically forbid such filming within their township. Again unless you are a lawyer (yes I agree there are SOME paralegals that ALMOST as good as some lawyers but you want someone who has actually passed the bar and prefereably has a JD to be safe) it is just TOO time consuming and too linearly confusing for the non legal professional to try to do it on their own. Don't try to do it on your own. Being cheap and operating without a lawyer in this industry will end up costing you a LOT more in the long run. [Link] |
| customer20983 Member 77 Posts 2/08 | Posted - Mar 7 2009 : 5:00AM headaches are starting up already....Agreed 100% GET AN EXPERIENCED and KNOWLEDGEABLE LAWYER who you can work with.There are a few Again I recommend attending the professional forums as those are the best locales where you will get introduced to the EXPERIENCED people and have a chance to talk to them to see if they will directly help the emerging adult film producer or at the very least direct them to lawyers who may be better suited to help them navigate the 30 or so sets of laws that currently exist that allow porn production but only under the weirdest sets of restrictions that usually have nothing to do with sex film hiring. [Link] |
| pornlaw Member 578 Posts 10/05 | Posted - Mar 7 2009 : 6:24AM One other legal aspect to be wary of is that contracts for sex are illegal everywhere, except CA, NH and several counties in Nevada in regards to prostitution. The model release a performer signs is basically a contract for sex and can be challenged. Creating content outside CA and NH creates a potential problem for the producer if Susie Bigtits and John Longcock can come back and challenge the validity of the contract (model release). Also in Florida there is a little know statute that allows a prostitute to sue her pimp for profits and within that law, pornography is defined as a form of prostitution. So in Florida, a smart and enterprising model could change her mind and sue the content producer for profits made from her content. Overall, my advice is to hire an experienced director/producer that will shoot the content for you in California. Its legal, the releases will be valid and you will sleep well at night. Michael www.AdultBizLaw.com www.2257Safe.com Edited by - pornlaw on 3/7/2009 6:25:12 AM [Link] |
| mharris127 Senior Member 1844 Posts 8/09 | Posted - Aug 21 2009 : 12:20AM [Link] |
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