Now you’ve read Part 1 of my five part series, we can continue on to the next lesson – Model Releases. If you have not read Part 1 – you can read it here;
So now you know you’re a pornographer and you are producing either R Rated, X or XXX Rated content. What’s next ? You need to own the rights to your content in order to post it and distribute it on a platform such as OnlyFans. If you are performing or are paying people to perform or if you are having your spouse, friends or tinder dates appear in your videos, you need a model release signed by everyone who is in the scene.
Without a model release, you really don’t own your content, you share the rights with the people in the videos, and they can force you to stop distributing your content if they so choose.
What’s a Model Release ?
A model release is a simple contract/agreement that assigns or sells certain rights of publicity, rights of privacy and other inherent rights model’s posses to you or your company – if you have formed one – so you can sell the content without having to pay royalties. Depending on the rights you want to own, it may be 1 page or as long as 5-10 pages. Model releases for XXX Rated content are usually longer since they involve more rights being sold than a model release for a topless video/photos.
To learn about model releases, here is an article that I wrote in 2007 for XBiz.com and it is still relevant today.
All About Model Releases & Why You Need Them!
Oh No! I Don’t Have Signed Model Releases!
You are 3 months in on your OnlyFans account and you are just reading this… and now you are wondering what you can do since you never bothered to secure signed model releases from the people in your content. Do not lose hope, all is not lost.
First, get your hands on a proper model release. Ask a friend, buy one from the internet or purchase our packet of Adult Production Forms found here;
Purchase Adult Content Production Forms
If you are doing content trades where you and the other performers are each getting a copy of the content to use on your own accounts, you will need what is called a Content Trade Release. A standard for pay model release is not the correct agreement to use. Again, if you don’t have one and need one, click the link above – we offer a Content Trade Agreement in our package of Production Forms.
Once you have your model release, you will need to track down and send everyone who appeared in your content, a model release, and have them sign it and return it to you. And if you have formed an LLC or Inc for your productions and if you have performed in the scenes you will also need to fill one out and assign the rights to your company.
Be aware, if you have someone that has appeared in more than one scene/photo, you will need a signed model release for each and every scene/photo set that they appeared in. Even if you shot 2 or more videos/photo sets in one day. That also includes you, for each and every scene.
What if I Cannot Get a Model Release from Everyone ?
If you do not have a signed model release from someone that has appeared in your scenes/photos, you have a choice to make. If you continue to sell that scene on your OnlyFans or other platforms, you may at some point be forced to split any profits you made on that scene with anyone else who is appears in the scene.
While it is not likely you will be on the receiving end of a lawsuit, it is a possibility especially if the other model(s) realize that you may be making a lot of profit from the video. Greed is a classic motivator.
If you are not making a substantial amount of profit from the scene, it may just be easier to remove the content from being sold and basically hold it until you can get a signed model release or perhaps never use it again.
Finally, you may at some point in the future find that the scenes where you do not have a signed model release will be removed from your account by the platform. All that is necessary is a model sending a simple cease and desist letter to the platform requesting that the content be removed and allege that you do not have a signed model release. The platform will usually comply and immediately remove the content. They may not even inform of you of their decision. In order to prevent a fraudulent C&D and to prove to the platform that you own the content – you will need to show them the model release.
What About 2257 Documents ?
If you are someone that has not secured the necessary model releases from the various models that have appeared in your content, I have to assume that you have also not asked them for an ID proving they were 18, made a copy of it and had them fill out and sign a 2257 Document.
Are you scratching your head and wondering what a 2257 Document is and why do you need one – then you need to read the first article in this series;
If you are producing X or XXX Rated content and don’t have an ID and 2257 Document from every model in every scene you have produced, you are then in violation of a federal law (18 U.S.C. 2257). It is recommended that you immediately stop using any scene where you don’t have the necessary IDs and documents.
You can try to go back and secure 2257 Documents and IDs from the models, however, be aware that the law requires that all producers check IDs prior to shooting a scene to ensure that you are not producing child porn. And the IDs need to be valid US govt issued IDs at the time of the production, not days, weeks or months later.
If you do not have the proper signed 2257 Documents and IDs from your co-stars, you will need to speak to an attorney who knows and understands 18 USC 2257. If your attorney is not an adult entertainment attorney, now would be time to seek out an attorney who specializes in adult. Even a mainstream entertainment attorney in Los Angeles will know little to nothing about 18 U.S.C. 2257.
Tomorrow, I will be posting the next article in the series… “Do You Even Own Your Content?“
AdultBizLaw.com 
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