Are you new to OnlyFans or one of the other Content Creator platforms such as AVNStars.com, ManyVids.com, Clips4Sale.com, IWantClips.com, JustFor.Fans ?
Are you creating adult content for the first time? Well… then you might be a pornographer. Welcome to the wonderful world of explicit XXX content creation ! Since you are creating “adult” content – some laws that you may be completely unaware now apply to your productions. Unfortunately, this article can only cover the basics. To fully understand what it is to be pornographer would require hours of consultations and hundreds of pages of articles. This will be the first of a 5 part series. Each day I will be posting a new article, so check back daily. Unfortunately, there is just too much to know to cover in one article.
R vs. X vs. XXX Content ?
The first question I am often asked is – what are differences between R and X Rated content. That’s fairly easy. R Rated content is nothing more than nudity. X Rated content begins, basically, when you begin to touch yourself either while fully nude or even partially nude. If your content contains images of you either playing with your nipples or touching your genitalia or “spreading” any of your body parts, it would probably be X Rated. So then what is XXX Rated content ? XXX Rated content usually involves the penetration of an orifice. If your content contains images of you masturbating with anything, a finger, your hand, a vegetable or a sex toy, that would be considered XXX Rated content. This also applies if you are being penetrated by a partner (oral, vaginal or anal sex).
So Why Should I Care About Producing R, X or XXX Rated Content ?
Depending on which type of content you are producing will determine which laws apply to your production and your content. If you are producing R Rated content (mere nudity) you do not need to comply with a federal law called (18 U.S.C 2257). Once you venture into X or XXX Rated content you will need to comply with the requirements of 2257. Though, you probably should comply even if you are producing just nudes.
If you do not comply with 18 U.S.C 2257, you can face up to 5 years in jail per violation. Each failure to secure the necessary IDs and 2257 Document can be seen as one independent violation. If you have produced numerous X or XXX Rated scenes and do not have IDs or 2257 Documents on any of your models, you may be guilty of multiple 2257 violations. 18 U.S.C. 2257 also applies if the only person in your content is you. You need to keep a copy of your ID on file, and to sign a 2257 Document for each solo scene you produce.
See also – 18 USC 2257 Information & How to Comply
So What’s the Difference Between Porn and Prostitution ?
If I had a dollar for every time I was asked this – I could retire. Honestly, there is no one correct answer since it really depends on how the prostitution laws are written in your state or municipality. However, here is a good generalization.
If you are the producer of XXX Rated content and you are also talent in the scene, then its probably prostitution. If you are paying money and receiving sexual services/pleasure that makes it prostitution. If you are paying other people to perform in your scenes and you are just getting the content to sell, then its probably just porn.
If you are producing XXX Rated content (hardcore) then you will also want to know that there are only 2 states in the US where it is legal to produce XXX Rated content – New Hampshire and California. Everywhere else, the other 48 states, it is still a gray area of the law and you can still be prosecuted for producing hardcore content. While it is rare, producers have been charged with various criminal charges (prostitution and pandering usually) because of producing XXX content.
POV style shoots are obviously problematic when it comes to criminal statutes. Even in California and New Hampshire, where the producer is also the talent, these shoots are illegal. Just because you have a model release and a camera doesn’t turn prostitution in porn and make it legal.
Conclusions
If you are producing R Rated content (just nudity or topless) – here is the good news, you’re more safe, not completely safe. Just like Playboy wasn’t considered porn by most people, neither will your content. While your content is probably not porn, it is still adult, and without question, everyone in your content should be 18 years old. Capturing images or video of someone under 18 years old would be considered illegal and child porn. So make sure you are checking everyone’s ID and make sure it is a legal and current ID and not a fake. Otherwise, you will have legal issues and could end up in jail.
If you are producing X or XXX Rated Content, you’re going to have to know a lot more in order to produce your content legally and safely. If you haven’t done so, scroll back up and read the article I have linked to about 2257.
Click on the link and read Part 2 – All Your Need to Know About Model Releases!
https://adultbizlaw.com/2020/05/19/new-to-onlyfans-heres-what-you-need-to-know-part-2-class-is-in/
AdultBizLaw.com 
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