All Forums > The Porn Pool > The Porn Pool Forum Page 281 > The Legality of Model Releases Under a Pseudonym?
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ChodeMasterJ
Perpetual Marxist

5405 Posts
4/03
Posted - Aug 18 2012 : 7:15AM
This is mainly for people who own the rights to content (producers, directors, photographers, or models), but any input is greatly appreciated.
I already understand about model releases for nude work; I'm an art nude photographer and know the ins and outs of model releases and how to protect my copyrighted intellectual property. That's all done under my legal name though. How would one go about retaining the same rights if I came up with an alternate name to go by for more hardcore work, if I chose to pursue that genre? On the model release, would I still put my real name or would I put said pseudonym? Logic dictates that I'd put my real name and release it under the pseudonym, but I'm just curious.
I'm asking here because a lot of people in porn don't use their legal names, yet model releases are the norm with any type of films/photography. I've worked with several traveling art nude models who have been published (in print) all over the place... from books to Italian Vogue. On the releases they signed with me, they always signed their legal names but would write a note out to the side to just use their 'stage name'. Seeing as they're not the owner/creator of the intellectual property though, that doesn't really help me here but gives me an idea that the same would apply to the creator: do it under your legal name but just release it as you wish under your pseudonym.
Hopefully someone can chime in on this since I know this issue comes up in porn a lot. It varies state to state, I know, but at least I'd get an idea of where (or how) to pursue this for my own locale. Maybe PornLaw, Ivan, or anyone else can chime in on this that directs/produces/stars in films/photographs and owns the rights to them. Phew, that was a long post.
Sorry for being absent lately. I just moved for grad school and it's been a whirlwind to get ready for that, but I still peek my head in ADT regularly and lurk. Hope everyone is doing well though. Thanks for any pointers or tips for this as well.
Jacco All-Star Supporter
All-Star Member

"liable to deprave and corrupt"
2673 Posts
5/04
Posted - Aug 18 2012 : 10:33AM
It's very simple, you will always have to use your real name on a model release, or it's not valid.
Jacco
ChodeMasterJ
Perpetual Marxist

5405 Posts
4/03
Posted - Aug 18 2012 : 7:02PM
That's what I was thinking, but just wanted to make sure. Then you'd just release it under whatever name you wanted to. Thanks for the quick and concise answer Jacco. I knew your beard held some awesome knowledge in there. haha.
mharris127
Senior Member

1844 Posts
8/09
Posted - Aug 18 2012 : 9:12PM
In the US you would sign your legal name to the contract. Most model releases here have three name lines: stage name, printed legal name and signed legal name.
morbidthoughts All-Star Supporter
All-Star Member

Big cats scare me but...
3627 Posts
1/03
Posted - Aug 18 2012 : 11:56PM
No, most model releases do not have a stage name line because most models don't have stage names.
 
skronker
Notable Legendary Icon

Scopophiliac
9780 Posts
9/02
Posted - Aug 19 2012 : 1:32AM
Porn model releases I have seen include legal name and other names someone is known by ... i.e., stage names.
ChodeMasterJ
Perpetual Marxist

5405 Posts
4/03
Posted - Aug 19 2012 : 2:52AM
The ones I use are basic legal model releases, but I also include an addendum for nude work in case the person doesn't want to be identified by their real name (since I'm in a conservative area). I have this:
If you want to be credited as a name other than your birth name listed above, please list it here ___________________________________
so they have the option of using another name or choosing to not be identified at ALL, which would be reserved for implied/anonymous work. This is a tad off topic to the question I posed, but I also reiterate things said in the model release about 'no further payment or consideration' to the work and how they can't edit/alter the images, etc, because some girls that have posed for me aren't models and don't have any experience with model releases. We'll both sign the model release as well as the addendum, and we'll both get signed copies of each.
The famous art nude models that I have worked with just jotted out to the side to only use their modeling name, rather than their legal name, as well. That goes without saying though because that's the names that they're known for and it'd just be plain dick to disclose someone's personal info if you knew they didn't want it out there.
It does make sense about doing this with your legal name because if I just jotted down Mickey Mouse as the name on there, it wouldn't hold up - same with any stage name or non-legal name. I was just curious to see if my presumptions were correct.
MichelleJ
Member

62 Posts
2/08
Posted - Aug 19 2012 : 6:41AM
I have seen several styles in my time:
with just the real name and signature
with real name, signature, and stage name
with real name, signature, stage name, signature of the stage name
plus they take a copy of your ID
I don't know what the standard is now, if there is a standard, or it varies per production company legal advise.
morbidthoughts All-Star Supporter
All-Star Member

Big cats scare me but...
3627 Posts
1/03
Posted - Aug 19 2012 : 5:04PM
I was randomly looking at Model Mayhem profiles in the area, and now I believe I know who you are.
morbidthoughts All-Star Supporter
All-Star Member

Big cats scare me but...
3627 Posts
1/03
Posted - Aug 19 2012 : 5:06PM
Nice work by the way.
mharris127
Senior Member

1844 Posts
8/09
Posted - Aug 19 2012 : 7:39PM
I apologize. Most porn model releases have three lines for that purpose.
Rod
Member

908 Posts
8/10
Posted - Aug 19 2012 : 10:53PM
If you're serious, I recommend you seek legal advice from an attorney familiar with this field. Here's is my opinion (I'm not an attorney). Hardcore model releases are different from other types of model releases regardless if the model is nude or not. Porn involves sexual images and is regulated by Federal law and the model release content requirements ARE VERY SPECIFIC about the names you are required to have included on your model release. Look up 2257 requirements. OBTW, the list of names is MUCH longer than real and stage names.
The model release is a legal contract/agreement between the model whos image appears, and the creator of the image. You both have rights. If you want to sell your images, you need the model to release their rights. The contract requires consideration (usually $$) and must be between legal entities. If you use a stage name to sign the contract, the contract isn't legal. If your stage name is declared through a DBA (Doing Business As) it may be legal (see the first sentence of this post).
ChodeMasterJ
Perpetual Marxist

5405 Posts
4/03
Posted - Aug 19 2012 : 11:22PM
Your presumptions were correct my good sir, and thank you very much for the compliment. That means a lot to me.
ChodeMasterJ
Perpetual Marxist

5405 Posts
4/03
Posted - Aug 19 2012 : 11:27PM
In any type of model release or contract, you can make the considerations what you want them to be *(free, for pay, etc). As far as 2257 goes, I believe all you have to do is keep records of their drivers license or birth certificate or whatnot on hand in case there was ever any questioning of the age factor. That's all 2257 is, unless I'm wrong. I'll look into the 2257 aspect of it, but as long as legal names are used on it, i think that's a moot factor since any type of legal document requires the participants legal names, as far as I'm aware of. See my Mickey Mouse example above. That's why I was curious if any industry folks would weigh in on this since they know more about it than 99% of us.
Rod
Member

908 Posts
8/10
Posted - Aug 20 2012 : 8:31AM
^ Yes, you are wrong.....look specifically at section b (2) below.....maiden, alias, nickname, stage, or professional name. You must have all of them. I require them to write NA, no blanks allowed.
§ 2257. Record keeping requirements
(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter which—
(1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and
(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct—
(1) ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation.
 
ChodeMasterJ
Perpetual Marxist

5405 Posts
4/03
Posted - Aug 21 2012 : 1:41AM
^ Rod, thanks for the clarification on that. I'll have to look into 2257 a little bit more.
Rod
Member

908 Posts
8/10
Posted - Aug 21 2012 : 10:35AM
^ happy to help.....what's your MM#?



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