Emails, Databases and Doctors – Are We Doing it Right ?

This article is a continuation of my examination of the testing facilities utilized by the adult industry to check for the presence of sexually transmitted diseases. There is a little known but albeit interesting law in California that should be of special interests to those in the adult industry for two reasons. First, California Health and Safety Code section 123148 requires that a “health care professional” who orders a laboratory test for sexually transmitted diseases “shall” provide those results to the patient. Further, test results for HIV antibodies cannot be provided to the patient by the healthcare professional by the Internet or other electronic means. The statute reads in relevant part;

123148.  (a) Notwithstanding any other provision of law, a health
care professional at whose request a test is performed shall provide
or arrange for the provision of the results of a clinical laboratory
test to the patient who is the subject of the test if so requested by
the patient, in oral or written form. The results shall be conveyed
in plain language and in oral or written form, except the results may
be conveyed in electronic form if requested by the patient and if
deemed most appropriate by the health care professional who requested
the test...

(f) Notwithstanding subdivisions (a) and (b), none of the
following clinical laboratory test results and any other related
results shall be conveyed to a patient by Internet posting or other
electronic means:
   (1) HIV antibody test.
   (2) Presence of antigens indicating a hepatitis infection.
   (3) Abusing the use of drugs.
   (4) Test results related to routinely processed tissues, including
skin biopsies, Pap smear tests, products of conception, and bone
marrow aspirations for morphological evaluation, if they reveal a
malignancy.

These two paragraphs have serious implications as to how the industry currently handles testing as well as how that information is shared with a performer. The first paragraph requires that only a physician or other “health care professional” order the testing for the sexually transmitted disease panel since only the physician or other “health care professional” can share the tests results with the patient. Also, if those test results include an HIV antibody test those results cannot be shared via the Internet on a database, by email or even through a phone call. You read that correctly. Test results cannot even be shared with a patient via a phone call. At this point you may be saying that I must be crazy – all doctors share those results by phone. Except that there is a current bill in the California Legislature to correct that problem with the original law. It is referred to as Assembly Bill 2253 and so far it appears to have bipartisan support in the Legislature but as yet to become law. ( See http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_2253&sess=1112&house=A )

Here is a summary of the bill from MapLight California (See http://maplight.org/california/bill/2011-ab-2253/1069303/history )

Existing law authorizes the results of a clinical laboratory test performed at the request of a health care professional to be conveyed to the patient in electronic form if requested by the patient and if deemed most appropriate by the health care professional, except that existing law prohibits the conveyance by Internet posting or other electronic means of test results relating to HIV antibodies, the presence of hepatitis antigens, and the abuse of drugs, and specified test results that reveal a malignancy.

This bill would revise these provisions to refer to the disclosure of test results, would provide that the telephone is not a form of electronic communication, and would authorize the disclosure by Internet posting or other electronic means of clinical laboratory test results related to HIV antibodies, the presence of hepatitis antigens, and the abuse of drugs, and specified test results that reveal a malignancy if requested by the patient, the means of conveyance is deemed appropriate by the health care professional, and a health care professional has already discussed the results with the patient.

Obviously, if a bill is needed to make it legal for a doctor to tell you whether you have or don’t have HIV on the phone, it is still very much illegal to provide that information to you via email, a database or anything sent to your phone. Currently, it appears that only a “health care professional” can tell you in person what the results of your HIV test is. Some veteran performers may remember when testing started in the industry they had to wait for the results in the testing center in Venice, California. This was even prior to the establishment of the Adult Industry Medical clinic.

If you are now being “sent” your test results by the doctor or the lab that is not allowed under California Health and Safety Code section 123148 (See http://www.mbc.ca.gov/consumer/complaint_info_questions_practice.html#18 ). Further, even with the patient’s agreement the prohibition against sharing test results electronically is NOT allowed. A performer cannot even waive this provision of California law.

So who is a “health care professional” and does a performer actually need to be examined prior to having a test ordered or can a performer simply walk into a clinic and request a test. This is where the laws surrounding HIV testing are not quite clear. And the laws are different in regards to public free testing sponsored by a county or state health department as compared to private medical testing. It is not clear whether a full examination is required. However, it does appear that a performer themselves cannot order a test from a laboratory. That order must be placed by a health care professional.

Based on everything I have read it appears that only a “licensed health care professional” licensed under California’s Professions and Business codes can order an STD test from the lab. Obviously it would be lawful for a physician licensed in the state of California to order such a test. However, what about Nurse Practitioners, Physician’s Assistants and other medical personnel you might encounter in a testing facility ? Nurse Practitioners and Physician’s Assistants are licensed by the state of California so it seems that they can order STD testing. Can front desk clerks and other non-licensed staff order STD tests – the answer is probably not.

At this point in time it appears that the way tests results are ordered and provided to performers within the adult industry may not be in line with current California law. If Assembly Bill 2253 finally passes and is signed into law by the Governor of California we will be one step closer to being compliant with that change in the current law.

If you would like to learn more about laws pertaining to HIV and the testing for such in California please download this guide from the state of California -> http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=25&cad=rja&ved=0CGQQFjAEOBQ&url=http%3A%2F%2Fwww.cdph.ca.gov%2Fprograms%2Faids%2FDocuments%2FRPT2007-06-14-2849-2006AIDSLAWS.pdf&ei=LN48UMDIK8iz8AHtvYGoCw&usg=AFQjCNH63w71vDufrICv3mYyvdYKVm34Kw&sig2=ZGP8YZWMEBLk-WT1cM9ebw

August 28, 2012 0

Is There a Hole in APHSS ?

The syphilis outbreak in the adult industry has brought to the forefront a highly contested debate as to testing for sexually transmitted diseases. Currently there is a debate as to whether there should be one testing facility or multiple facilities. There is also a debate as to what the proper protocols should be for informing performers and their sex partners of a possible outbreak. There is yet another debate as to whether what exactly should a performer know about his/her costar on set in regards to their medical history.

Background…

The main players in this debate are the testing facilities under the umbrella known as the Adult Production Health & Safety Service (APHSS https://aphss.org/ ). APHSS is the brainchild of the Free Speech Coalition (FSC http://www.freespeechcoalition.com/ ) and several major content production studios that openly support the FSC, most notably Manwin, Evil Angel, Kink.com, Girlfriend Films, Gamma Entertainment and Vivid Entertainment. One of those APHSS testing facilities is Cutting Edge Testing, which is owned and operated by Dr. Miao, and is one of the main testing facilities in Los Angeles for the industry. (CET http://cuttingedgetesting.com/ ).

On the other side of the equation is Talent Testing Services (TTS http://www.talenttestingservice.com/ ), a testing laboratory not a medical clinic, which appears to be supported by LATATA ( http://latata.org/ ). The Licensed Adult Talent Agency Trade Association is comprised of several of the licensed and bonded adult talent agents within the United States. Further, TTS is not part of the APHSS system and it appears does not wish to be. TTS is not a medical facility it is a laboratory that performs testing for sexually transmitted diseases.

APHSS’s inception is rather recent, only occurring after Adult Industry Medical (AIM) closed and filed for bankruptcy within the last year. TTS has been in operation for several years.

As for adult performers, they seem to be split as to which testing facility they prefer. Some prefer CET and the APHSS system while others prefer TTS.

Medical History within the APHSS Database…

Without getting into extreme detail as to either service or all that either service offers, since that would require pages of analysis, I would like to confine my discussion to one potential problem with the APHSS database I have been made aware of by seasoned veteran performers.

Since I prefaced this article with the words “hotly debated” let me state this for my readers. I do not have a financial interest in either testing facility. I do not have a preference as to either testing facility. I am not a performer nor a producer and therefore do not have a “dog in this hunt” so to speak. I am neutral as to both facilities so please do not attack me believing this article is merely an attack on APHSS. It is not. It is merely meant to inform and educate based on a potential issue I see with the way medical history is handled in the APHSS system. My goal is that this issue can be resolved and the database improved for the health, safety and knowledge of the talent.

After a discussion on Twitter with Fabian Thylmann it became apparent to this writer that there is a potential hole in the APHSS database as to the past medical history of performers. I have come to this understanding after the conversation with Fabian Thylmann as well as personally attending the APHSS presentation in July conducted by the FSC and Dr. Maio. I will limit my discussion to just one issue. That issue is how past medical history is handled by APHSS.

From my understanding the performers in the APHSS database will be either “cleared” or “not cleared” to work under the APHSS database and call in system. Which means that only the most recent test results will be available to be reported and only in the way proscribed. Which, for legal purposes, is a good idea with the issue of medical privacy being important to so many. As a lawyer, I like the APHSS database. It leaves little room for violation of medical privacy.

However, from my discussions with some veteran performers it appears that there are a contingent of them that would like to know more about their on-screen partner’s medical history, including whether they have tested for syphilis in the past. While normally I would disagree with that position as for chlamydia and gonorrhea I do see that information as being important for syphilis. Syphilis is an infection that can be easily cured but may always result in some level of a positive finding on a sexual transmitted disease test result, depending on the test used. (Please see http://www2a.cdc.gov/stdtraining/self-study/syphilis/syphilis10.asp ). Therefore, I can certainly see a performer’s right to make an informed decision. While medically it may be impossible to transmit the disease once a performer as undergone treatment some performers feel as though that they would like to know that information prior to performing in a scene with previously positive performer. A balance between privacy and informed decisions must be made.

From what I was told by Fabian Thylmann of Manwin, a performer who has tested positive for syphilis will be cleared for work within the APHSS database once they have been examined and cleared by an APHSS physician. Therefore, while we do not know at this time who besides Mr. Marcus may have it, based on Fabian Thylmann’s statement it is possible that at some future point a performer that had syphilis and received treatment will be actively performing again. With this potential hole in the APHSS system anyone working with that performer would not even know about the past positive history for syphilis.

While this might not present much stress for some performers it may for others. I discussed this issue with a male performer that indicated that he did not believe that working with a performer who had previously tested positive for syphilis but is now cured posed much of a risk. However, he did indicate that information would be desirable in order to make an informed decision. Performers should be able to assess risk and balance such concerns themselves.

I had suggested to Fabian Thylmann of Manwin that the APHSS database be changed so that it would instead read “cleared for work” however with a notation. That notation in the database could be an indication that the other performer may have tested positive for syphilis within the last 30, 60, 90 or 180 days depending on long ago the past the positive test occurred. That may allow a performer to make a more informed decision as to who their screen partners will be.

This hole in the database may also become more important in the future if testing is going to expand past the basic HIV, chlamydia, gonorrhea and now syphilis panel. If the industry adds herpes, hepatitis and human papillomavirus to the regular testing panel how is the APHSS database set up to handle those types of results. Are all performers that test positive for herpes going to be “cleared to work” without a notation that they carry the virus ? As with syphilis is an APHSS doctor going to examine them for the presence of an outbreak before clearing the performer to work ? How often will this exam be necessary ?

Will there be a notation in the APHSS database for those performers that have had a hepatitis B vaccination ? Will a performer know if they are working with someone else who has been vaccinated ?

Since this database is being touted as the database for the entire industry, lets not forget the gay side of production as well. There are gay production companies that allow HIV positive performers to work with other HIV positive performers as well as HIV negative performers ( See http://www.insidesocal.com/outinthe562/2010/11/hiv-positive-gay-porn-actor-signs-exclusive-contract.html ). Some of those studios even match performers with different strains of HIV together. How would this particular situation be handled by the APHSS database and call in system ? Would an HIV positive performer working for a gay production studio “not be cleared for work” or would they. Would a notation be required on that performer’s database file ? Or is APHSS simply not going to allow gay performers and production companies into their database ? That cannot be possible since APHSS has under it’s umbrella of testing facilities a clinic located in San Francisco. There are also straight porn production companies such as Naughty America that are now also producing gay content ( See http://queermenow.net/blog/naughty-america-presents-3-new-gay-porn-sites/ )

Needless to say, the syphilis outbreak has caused numerous questions to be asked in regards to the current state of testing and performer health and safety as well as the mandatory use of condoms now required by state law and Los Angeles city ordinance. Without doubt this issue will continue to be debated, lines will be drawn and sides will be taken. Let us not forget those in the middle of the fire, the performers who risk their health every time they step on set to perform.

Knowledge is power. If you believe I am mistaken in the way medical history will be handled by the APHSS database I invite you to post a comment. Any inaccuracies will be corrected.

August 27, 2012 0

Syphilis & You – Part 2

(Note: This article may be considered basic information for some in the industry) I suspect that this work stoppage may continue for more than the 10 days then most people are expecting. If the United States’ outbreak is anything like the outbreak in Europe, the industry might have to close for another 60-90 days. Also, some performers that have refused the penicillin shot will certainly have to wait 90 days to resume work. Most people I have talked to are in a relative panic already do to the downturn. How can talent and producers survive an extended period of not producing content ?

New business models will have to be explored and boundaries might have to be expanded for both producers and performers. I have numerous clients in the fetish side of the market, however, many hardcore sex performers and producers rarely try out these other avenues of revenues. Clips4Sale.com ( http://clips4sale.com/do/list ) is one site that can be easily mined for revenue, even with existing content including boy-girl. They have more categories of different types of fetishes then I can possibly cover many of which do not require any type of sexual interaction between performers. There are other downloadable clips sites other then Clips4Sale as well. I have known producers and models that have earned several thousand dollars a month from a successful store on Clips4Sale.

If you are “sitting” on scenes, now would be the time to edit those and start making money from that content. As a performer or producer you can easily have a store up and running in as little as a day. Promoting that content on Twitter, Facebook and other social media sites would naturally drive traffic to your store.

Now is also an excellent time to learn and understand affiliate marketing in porn. As a performer you probably have appeared in dozens of scenes. It is time that you earn affiliate referral income from those scenes. Most large pornsites, including Manwin, BangBros and Naughty America will let you sign up and promote your own scenes. Once you sign up as an affiliate you will be provided a link code. You can use that link code on Twitter, Facebook or any other social media sites to push traffic to your scenes. If one of those people that click on your link signs up for the website you are promoting you will receive a cut of the membership fee. You can usually choose a larger one time payment or up to 50% of the total membership price paid for each month the person you referred remains a member. Most choose the one time payment since it is a larger amount and many people unsubscribe from a pornsite within the first 30 days and few actually rebill and continue their membership.

Another way to harness the power of your fan base is to link your Twitter page to an Amazon Wish List. I am not really sure why expensive gifts are necessary during a work stoppage however one producer suggested that performers should ask their fans to buy them Target or Ralph’s gift cards in order to buy food and basically necessities. (Note: Personally I do not like the idea of Amazon Wish Lists but I would be remiss not to mention them in this article.)

If you are a performer you may also want to finally consider starting your own membership website. However, that is a long range project that can be expensive to begin so it might not be within everyone’s budget right now. However, those performer’s and content producers that do have their own websites will have a much easier time during a period of work stoppage.

As a female, it is much easier to survive a lengthy work stoppage then male talent or even a small producer. For women, there are numerous opportunities to earn income without having to perform in a sex scene with a partner. The obvious is that a female performer can still shoot solo scenes. As discussed earlier this might also be a good time to explore possibilities as a fetish performer. Many fetish shoots do not require sex or even nudity. Not every fetish producer is Kink.com. Some fetish producers will shoot foot, leg, smoking or even small penis humiliation videos.

Another possible source of income for female (and male) talent is webcamming. If you aren’t webcamming yet I strongly suggest that you try it. Sites such as Streamate.com, ImLive.com, Naked.com and MyFreeCams.com seem to be the most popular now but there are dozens of others. Some webcam models can earn thousands per week on webcam. Even earning a few hundred a day should keep the rent and utilities paid each month if this shut down extends beyond 10 days. You will need an Internet connection, a computer with a webcam and a room where you can webcam and not be disturbed during the show. You can literally sign up in the morning and be approved by that night and start earning money. You might want to sign up for several sites and log in to different ones to test the traffic and earning opportunities. Again Twitter can be a way to announce your shows and to drive traffic to your camshows.

Of course there is the old pornstar standby – dancing at a strip club. Depending on where you live there might even be one close to your house. As a performer/pornstar it might be easy to get hired. You would be a natural “draw” for the club since they might not have any other performers/pornstars dancing there already. You can usually complete all the necessary paperwork within a few hours and be on stage as quickly as the same night. Las Vegas is always a favorite destination of most pornstars to dance. There is usually more money to be earned in Las Vegas as a dancer then almost every other city. Even in Los Angeles, it is often better to travel to Las Vegas to dance then try to dance in a local club. However, in Las Vegas your expenses including stage fees will be higher especially if you also have to pay to get there and for a place to stay once you do. However, with football season returning and summer ending Las Vegas should get busy again once the seminar and conference season starts in late September. Again, using Twitter and Facebook may draw fans to your performances.

For male performers it is a much different situation, unless of course you are comfortable with webcamming for other men (there might be some female clients but not likely) and/or doing fetish shoots. Usually, though in fetish shoots, the male talent tend to be submissive to the women when the scene does not involve sex. If male talent doesn’t mind being tied up and whipped, for example, there is still money to earned as a submissive model in fetish shoots.

If male talent has the body and can dance, he can try to join a male review. However, I suspect it is much more difficult for a man to break into that particular industry. There are less male shows, even in Las Vegas, then female only strip bars and the number of performances is also greatly reduced.

A male talent does have numerous contacts with female performers though, as do producers. It might be an opportune time to start a webcam studio for solo girls. If you have the equipment for production you then also have the equipment to set up a small webcam studio and begin broadcasting through one of the many camsites list above. How you set up paying talent is your choice. Most pay the female performers a percentage of what they earn during the show while others pay the female performers a flat rate or even hourly. Managing a webcam solo girl webcam studio may not be terribly exciting for male talent but it is a way to earn income during a work stoppage. Please also be aware of possible film permit laws in regards to operating a webcam studio though.

Whichever path you choose you can earn income during any period of work stoppage. It is time to stop depending solely on getting booked for shoots and take responsibility for generating your own income. Many performers spend hours on Twitter developing followers that far exceed even movie and television stars. It is time you harness that “star power” and generate your own income and be independent. If you can survive a work stoppage in the industry you can not only extend your career, you can become more “picky” about your scenes as well as take time off for your own personal reasons.

August 27, 2012 0

Syphilis and You – Part I

I usually try to remove my personal thoughts and prejudices from this blog and desire it to be more legal and factual in nature. However, in light of what is happening not only in the United States but also Europe in regards to syphilis I do not believe that I can. Too many of my friends, not just clients, are caught up in what could end up ruining their lives, businesses and careers.

I had a conversation two nights ago with a client and friend that perhaps I was too difficult on since I held a bright-line approach with him as to when he should return to performing as well as producing. It is always much easier to play quarterback from the sidelines then it is from the actual game. And I am not IN this actual game. I do not sacrifice my body on camera nor do I have to worry about my hired talent on set contracting syphilis or any STD for that matter. I am not a producer nor talent.

He was gracious in explaining the everyday situations he finds himself in a much diminished industry trying to do what he feels is the “right thing” while being able to pay his bills. I certainly cannot fault him for such. It is a difficult decision that producers and talent have to make as to when to resume shooting.

It appeared, at least to most, that the most turbulent part of the storm had blown over when the FSC ( http://www.freespeechcoalition.com ) had made the announcement that Manwin and several other producers would provide a prophylactic antibiotic shot to talent for free so they could return to work 10 days after receiving the injection. Hundreds of performers lined up to get the miracle drug called penicillin. Then two days later Rocco Siffredi dropped a bombshell interview on XBiz Magazine, wherein, he claimed that 89-100 performers through-out Europe now have syphilis and the number may be rising. ( http://www.xbiz.com/news/153188 ) He also went on to state that Europe is now under a 60 day moratorium and production has ceased. Cases have been reported in Budapest, Prague and St. Petersburg. St. Petersburg may have had the earliest reported cases starting in as early as May 2012. (Note: This information was provided by Fabian Thylmann of Manwin) His comments left most of the US industry wondering how and why this happened.

It appears for all intents and purposes that the European performers were also receiving antibiotics as well. Therefore, how could 16 cases explode into 100 cases in a short 2-3 weeks. I do not know if anyone has the answer to that particular question nor do we in the US know that there is a confirmed count of 100 cases in Europe. I have no reason to doubt Siffredi, but his comments cannot be viewed in a vacuum. He might be incorrect. However, he seemed to blame performers that also escort as a reason for the increase in cases, at least outside the industry. He also discussed that fact that some talent in Europe also altered their tests to allow them to continue to work as Mr. Marcus did here in Los Angeles. However, he did not seem to have an answer as to how the number of cases had risen in Europe so dramatically in a few short weeks.

In the United States, an accurate count of the number of positive cases remains a mystery. It could be 2, 5 or even as high as 9 as reported by the Los Angeles County Health Department (LA County Health receives all reports of STDs within the county as required by law). Which of those cases are from within the industry and how many are outside of it. The simple answer is that no one knows for certain at this point.

Unfortunately, many performers within the Los Angeles industry continue to work despite the moratorium. I even heard that one male talent has said that the syphilis outbreak has been a “goldmine” for him since he was one of the few male performers still willing to work. I have also heard reports of agents continuing to book talent for scenes and even charging them “kill fees” for refusing to perform. Which obviously means there are at least a handful of companies that are still producing. As my friend and client indicated, people have to eat and pay bills. Many performers and producers do not have a cash reserve that will allow them to survive even a 10 day stoppage no less the 60 days that is now affecting our European counterparts. Further, producers for some large internet websites and tubesites do not have enough content in reserve to allow them to stop producing. Websites must be continually updated for the members so they continue to rebill.

This has left me wondering whether the US, and more specifically the Los Angeles, market is about to experience a dramatic rise in the number of cases or has this outbreak been contained by the prophylactic antibiotic shot provided to some performers for free. Some performers have opted not to take the shot and would rather wait 90 days for three clean syphilis tests to continue working. Either way, we are, without question, in a wait and see period. The latency for a positive finding on a syphilis test can indeed be as long as 90 days though it usually shows up on a test within 20-30 days. I am unaware of any tests that can show whether a performer is positive or negative for syphilis in as little as 10 days. (Note: Fabian Thylmann of Manwin provided that there is no test that can accurately detect syphilis at the 10 day mark however it is his opinion that if treated and caught early a performer should be allowed to return to work.)

So where does that leave the US talent pool as well as the producers ? At this point, in my opinion, lost and confused. I have received numerous calls in regards to when production should resume. No one seems to have a clear answer to this question since the answer would depend on your ability to handle risk. Obviously, the sooner you return to production the higher risk you might have of contracting and spreading syphilis. The longer you wait the more the risk diminishes – or does it ? Perhaps not, if some talent and producers continued to work during the moratorium. What it really comes down to is how many first generation cases did we start with and how many second generation cases were there, as well as how many of those cases were cured with the antibiotic shot. I do not think we will ever know since prior to giving the antibiotic shot, the FSC and APHSS did not specifically test the performer base for syphilis, they merely injected them. However numerous performers did in fact test prior to receiving the injection. Therefore, the industry may never know how exactly far this disease had spread. We, like the Europeans may have had 75+ cases. We may have none now thanks to the shot. We may still have several cases floating around the industry. We do not know. However, we will soon find out though.

The real question is what else can a performer and or producer do in the interim to pay the bills and survive a 10 day or longer shut down of production. That will be discussed in my next installment – Part II.

August 26, 2012 0

Syphilis and Forced Employer Vaccinations…

Today APHSS & the FSC begin a regiment of providing free antibiotic shots to porn performers in order to prevent the spread of syphilis. I have received numerous emails, texts, phone calls and DMs on Twitter from various members of the adult industry community as to the legality of an employer demanding that a worker receive a prophylactic antibiotic shot an as a condition of employment.

Basically, it is my understanding that certain production companies will not hire a particular performer unless they can show proof of receiving the antibiotic shot for syphilis through the APHSS system. I am unaware of any exception to this condition by APHSS or FSC that would allow a performer to seek out the consultation of their own physician as to the risks and benefits of receiving such treatment. Even though the prophylactic antibiotic shots begin today very little information has been disseminated to the performers other then if they receive the shot they can return to work in as little as 10 days. I have not seen much in the way of information being provided to the performers in regards to the risks of the antibiotic shot or the side effects of such. Nor have I seen much in the way of alternatives being proposed.

I cannot and will not provide medical advice. What I can say is that, legally, every person has the right to chose their own medical treatment from their own physician and if necessary refuse such treatment.

In California it is a well established rule of law that a physician who performs any medical procedure without the patient’s consent commits a battery irrespective of the skill or care used. The consent of a patient must be “informed.” Under the doctrine of informed consent the patient must have the capacity to reason and make judgments, the decision must be made voluntarily and without coercion, and the patient must have a clear understanding of the risks and benefits of the proposed treatment alternatives or nontreatment, along with a full understanding of the nature of the disease and the prognosis. Accordingly, the right to refuse medical treatment is equally “basic and fundamental” and integral to the concept of informed consent.

I urge all performers to seek out a consultation from their own physician as to the need for antibiotics for treatment for a disease they may not have and may not have even been exposed to.

As to whether an employer may force inoculations/vaccinations as a condition of employment it may be permissible under California law, however, any performer having an adverse reaction to the inoculation/vaccination would have a civil lawsuit and a workers’ compensation claim against the entities and production companies requiring such inoculation/vaccination as a condition of employment. In Maher v. Workers’ Comp. Appeals Bd., 33 Cal.3d 729 (1983), a nurse’s assistant was required by her employer to undergo a physical examination that included a test for tuberculosis. When she tested positive for the disease, she was required to undergo treatment for tuberculosis as a condition of continued employment. She developed a significant adverse reaction to the treatment. The California Supreme Court held that employer-required medical treatment for a nonoccupational disease arises out of the employment and is compensable. (Id. at p. 738; see also Roberts v. U.S.O. Camp Shows, Inc. (1949) 91 Cal.App.2d 884, 885 [205 P.2d 1116] (Incapacity caused by illness from vaccination or inoculation may properly be found to have arisen out of the employment where such treatment is submitted to pursuant to the direction or for the benefit of the employer.)

By demanding and directing the prophylactic antibiotic shot, those production companies requiring such open themselves up to a myriad of liability as to any death, incapacity or future treatment resulting from such decision. It is cautioned that the performers seek medical advice as to the treatment and production companies seek legal advice to the ramifications of demanding forced prophylactic antibiotic shot as a condition of employment.

August 22, 2012 0

No Work Comp? What Employers Need to Know!

As my readers are now aware from my article posted on August 19th – Work Comp: Porn Performers EEs vs. ICs, performers are indeed employees in the state of California for purposes of worker safety laws. California, as many other states do, requires that all employers within its borders secure workers’ compensation insurance coverage. However, what happens if an employer is uninsured for workers’ compensation in the state of California ? California has rather harsh penalties for failure to secure workers’ compensation insurance, the California Labor Code reads in relevant part;

3700.5. (a) The failure to secure the payment of compensation as required by this article by one who knew, or because of his or her knowledge or experience should be reasonably expected to have known, of the obligation to secure the payment of compensation, is a misdemeanor punishable by imprisonment in the county jail for up to one year, or by a fine of up to double the amount of premium, as determined by the court, that would otherwise have been due to secure the payment of compensation during the time compensation was not secured, but not less than ten thousand dollars ($10,000), or by both that imprisonment and fine.

(b) A second or subsequent conviction shall be punished by imprisonment in the county jail for a period not to exceed one year, by a fine of triple the amount of premium, or by both that imprisonment and fine, as determined by the court, that would otherwise have been due to secure the payment of compensation during the time payment was not secured, but not less than fifty thousand dollars ($50,000).

In addition to possible imprisonment and fines, the state of California can issue penalties of up to one hundred thousands dollars ($100,000) against the employer in addition to the amounts listed above even for a first offense. The uninsured employer will also be subject to a stop order being levied against it by the Director of Industrial Relations. A stop order is basically an order/finding by the Director that such employer will immediately shut down and will not conduct any business utilizing employees until such time that the employer has secured workers’ compensation insurance and presents evidence of a policy to the Director. Also, the Director will issue an additional fine of one thousand five hundred dollars per employee not legally insured;

3722. (a) At the time the stop order is issued and served pursuant to Section 3710.1, the director shall also issue and serve a penalty assessment order requiring the uninsured employer to pay to the director, for deposit in the State Treasury to the credit of the Uninsured Employers Fund, the sum of one thousand five hundred dollars ($1,500) per employee employed at the time the order is issued and served, as an additional penalty for being uninsured at that time or issue and serve a penalty assessment order pursuant to subdivision (b).

(b) At any time that the director determines that an employer has been uninsured for a period in excess of one week during the calendar year preceding the determination, the director shall issue and serve a penalty assessment order requiring the uninsured employer to pay to the director, for deposit in the State Treasury to the credit of the Uninsured Employers Fund, the greater of (1) twice the amount the employer would have paid in workers’ compensation premiums during the period the employer was uninsured, determined according to subdivision (c), or (2) the sum of one thousand five hundred dollars ($1,500) per employee employed during the period the employer was uninsured. A penalty assessment issued and served by the director pursuant to this subdivision shall be in lieu of, and not in addition to, any other penalty issued and served by the director pursuant to subdivision (a).

I have seen the Director of Industrial Relations chain and paid lock businesses, not allowing entry until all insurance is secured and fines paid. This is not a situation that should be taken lightly. The state of California can be very aggressive in regards to prosecuting uninsured employers.

Beyond the regulatory scheme of imposing fines and possible incarceration, there are also possible negative effects in regards to a claim filed by an injured employee. In situations where an employer is insured for workers’ compensation, an injured employee’s ONLY remedy is to file a workers’ compensation claim. In instances of uninsured employers, an injured employee has several choices as to how to handle their claim for injury.

First, the injured employee may certainly still file a workers’ compensation claim with the Workers’ Compensation Appeals Board as they would do if the employer was insured. The injured employee may also file a civil lawsuit in addition to the workers’ compensation claim. Finally, if the employer does not defend and/or pay benefits on the workers’ compensation claim, the Uninsured Employer’s Benefits Trust Fund will step in and do so on the behalf of the employer. If the UEBTF does in fact provide benefits on the behalf of the employer to the injured employee, they will then seek ALL possible means of reimbursement from the employer, including pursuing civil actions and the filing of liens against property.

Furthemore, the employer simply filing for bankruptcy will not stop the UEBTF from pursuing their recovery actions directly against the owners of the uninsured employer. Any owner with at least a 15% share of ownership will be personally responsible to reimburse the UEBTF for all benefits paid the the injured employee. And the state can collect all of the benefits from just one owner. Be extremely careful of whom your partners are. The California Labor Code reads in relevant part;

3717. (a) A findings and award that is the subject of a demand on the Uninsured Employers Fund or an approved compromise and release or stipulated findings and award entered into by the director pursuant to subdivision (e) of Section 3715, or a decision and order of the rehabilitation unit of the Division of Workers’ Compensation, that has become final, shall constitute a liquidated claim for damages against an employer in the amount so ascertained and fixed by the appeals board, and the appeals board shall certify the same to the director who may institute a civil action against the employer in the name of the director, as administrator of the Uninsured Employers Fund, for the collection of the award, or may obtain a judgment against the employer pursuant to Section 5806. In the event that the appeals board finds that a corporation is the employer of an injured employee, and that the corporation has not secured the payment of compensation as required by this chapter, the following persons shall be jointly and severally liable with the corporation to the director in the action:

(1) All persons who are a parent, as defined in Section 175 of the Corporations Code, of the corporation. (2) All persons who are substantial shareholders, as defined in subdivision (b), of the corporation or its parent…

(b) As used in this section, “substantial shareholder” means a shareholder who owns at least 15 percent of the total value of all classes of stock, or, if no stock has been issued, who owns at least 15 percent of the beneficial interests in the corporation.

In conclusion, penalties, fines and incarceration are all possible ramifications for not securing workers’ compensation insurance. Furthermore, employers that do not have workers’ compensation insurance are also putting their personal finances at stake in the form of civil judgments and liens enforced, not by an injured employee, but rather by the state of California through the UEBTF. If you’re an employer in the state of California and do not have workers’ compensation insurance it is imperative that you immediately seek such coverage before either (a) a work related injury occurs and/or (b) the Department of Industrial Relations does a spot inspection and issues a work stoppage order.

August 20, 2012 0

Work Comp: Performers – EEs vs. ICs

The debate of performers being independent contractors or employees is an issue that comes up often in my practice. Whether it is an injured or infected performer, a director worried about his/her liability for an on-set injury or a studio owner asking my assistance in securing workers’ compensation coverage for his/her company, this is an issue that remains a hotly debated topic. Many in the industry still believe that for purposes of worker safety laws performers are independent contractors and not the employees of the producer paying them, directly or indirectly. This cannot be farther from the truth. Even during the open meetings with Cal-OSHA in June 2011 I heard numerous performers and directors declare themselves independent contractors during the public comments. Only to have Ms. Gold of Cal-OSHA flatly deny that issue.

Unfortunately or fortunately depending on what side of the debate you are on, a worker cannot simply declare themselves to be something. A worker’s status is dependent upon statutes and case law, not what the beliefs of the employer OR the employee happens to be. For this article to truly explain all the relevant statutes and case law surrounding the independent contractor vs employee debate would require hundreds of pages if not an entire book. Therefore, for the sake of brevity it is perhaps easier to select two California cases that are on point with this issue and illustrates for those reading this article that this issued is well settled.

Often porn performers compare themselves to both actors as well as stunt-people. The job of a porn performer can be said to be a blend of the acting and performing risky, albeit safe, stunts on set. Many inaccurately believe that stuntpeople and porn performers cannot be an employee under the traditional definition of such since they are only hired for the day or even a few hours. This is simply not true in California and in most states ( Note: It is possible though to be an employee for worker safety laws but an independent contractor for tax purposes).

Stuntpeople have been considered employees of the production company hiring them for at least 50 years in California. In Durae v. Industrial Accident Commission, 206 Cal.App.2d 691 (1962), the Second District Court of Appeals (this happens to be the court with jurisdiction over all of Los Angeles County) determined that a stuntman was indeed an employee for workers’ compensation purposes.

Petitioner is a motion picture and television actor. He was engaged to make a personal appearance at a rodeo in Pueblo, Colorado, in August 1960. His act was to include a demonstration to the audience of how motion picture and television shows were filmed. As a part of this demonstration, a man would ride a horse at a fast pace across the area, petitioner would fire a shot at the rider, and the rider would fall from the horse, taking what, among stuntmen, is commonly called a “saddle fall” to the ground.

Originally, the Industrial Accident Commission (the precursor of today’s Workers’ Compensation Appeals Board) ruled against the injured employee, William Mansker, finding that he was indeed an independent contractor. Mansker appealed the decision and was granted benefits by the IAC. The employer, Donald Durae, then appealed the case to the California Court of Appeals where Mansker’s award of benefits was upheld and he was determined to be an employee and not an independent contractor. The court went on to state;

This finding is compatible with the findings affirmed by the Supreme Court in two cases somewhat comparable on their facts. In Drillon v. Industrial Acc. Com., 17 Cal.2d 346 [110 P.2d 64], one who hired a jockey to ride his horse in one race was held to be an employer on the basis that he had the right to control the manner in which the jockey rode the horse. In Schaller v. Industrial Acc. Com., supra, 11 Cal.2d 46, the petitioner made separate contracts with four trapeze aerialists that each would perform his specialty for a 20-week engagement. He then agreed to provide the four aerialists as an act in a traveling show. He was held to be an employer although he in no manner directed the act or the stunts of the individual aerialists.

It is clear from the holding in this case that stuntpeople have been considered employees of their contracting companies for at least the past fifty years. This ruling is consistent with the current state of California law. Stuntpeople remain employees in California, as do most workers.

Some porn performers may consider themselves more akin to actors then stuntpeople though. However, just as stuntpeople are considered employees of the production company so are actors, even those hired and paid through a talent agency. It is a misguided belief that, by a production company not paying the talent but rather the agent, they can avoid being held liable for a work related injury. It is also a misguided belief by large production companies that hiring directors or smaller sub-contracting production companies to actually produce the content will shield them from liability. In California, we have a law referred to as the general-special employer rule. Which basically states that if Company A hires a sub-contractor -> Company B, to perform services for them and Company B hires their own employees then Company A has a duty to insure that Company B has workers’ compensation insurance. If Company A fails to “pull” the workers’ compensation insurance information of Company B and an employee of Company B suffers an injury then Company A and their workers’ compensation carrier will be liable to provide coverage for that injury.

In Johnson v. Berkofsky-Barret Productions, Inc. (1989) 211 Cal. App. 3d 1067, an actor, hired for the day, suffered a shoulder injury while filming a television commercial for IBM. He attempted to claim that he WAS NOT an employee of the production company and rather an employee of his agent so he could file a lawsuit in civil court against the production company ( Note: The injured worker preferred to be an independent contractor so that he could sue under a civil tort theory and recover pain and suffering which is not possible to recover under a workers’ compensation claim ).

Johnson, an actor in television commercials, obtained acting jobs through a company called L’Image. Generally, L’Image directed Johnson to the shooting location of the commercial and advised him how to dress. The commercial production company then paid L’Image for Johnson’s acting services and L’Image, in turn, paid Johnson after deducting its percentage fee.

Johnson, like many porn performers, was not paid directly by the production company but rather by his agent. The court then went on to discuss the employee vs. independent contractor distinction;

Labor Code section 3351 defines an employee as “every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, …”

An independent contractor is “any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.” (Lab. Code, § 3353.)

[5] “The label placed by the parties on their relationship is not dispositive, and subterfuges are not countenanced. [Citations.] … [¶] …. [¶] … ‘[The] principal test of an employment relationship is whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired. …’ [Citations.] [¶]

The court then analyzed the six factors to determine employment status under S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341 and determined that;

We therefore conclude, as a matter of law, Johnson was an employee of BBP at the time of the accident and therefore he is limited to workers’ [211 Cal. App. 3d 1074] compensation as his sole and exclusive remedy for damages resulting from personal injuries. (Lab. Code, § 3602.)

In conclusion, it is clear from Durae, Johnson and Borello, that the type of control that a production company has over a porn performer while on set (hence being “directed” by a “director”) will make them liable for workers’ compensation benefits due to an on-set injury. Further, a production company should want an injured performer to be an employee, otherwise that injured performer could sue the production company for damages resulting from pain and suffering. In the case of an on-set transmission of HIV those damages could result in millions of dollars being awarded to the infected performer. However, under workers compensation no such recovery is available. Workers’ compensation actually protects the studios more so then the performers, if a company does indeed have coverage.

In a future article I will discuss the ramifications for not having workers’ compensation insurance under California law.

August 19, 2012 0

The Syphilis Outbreak in Porn & Its Legal Ramifications

On August 16, 2012 XBiz reported that, according to talent agents Shy Love of ATMLA and Derek Hay of LA Direct Models, a male performer knowingly altered his paper test and worked in the industry while contagious with syphilis. According to the story on XBiz “the performer admitted to Hay he was feeling ill in mid-July and underwent tests with his personal physician, at which time the syphilis was originally diagnosed. He was also given medication at the time, Hay said. Then he tested on July 21, approximately a week later, at Talent Testing Services, which also identified the performer as positive for syphilis…” The story went on to state “the discrepancy on the performer’s test was discovered on Aug. 7, when the producer who received the scene paperwork from the director “was doing his normal due diligence and noticed an irregularity in this performer’s test paper in comparison to what he was used to receiving from TTS…Hay said the portion of the test that notes “reactive or not reactive” for syphilis had been obscured.”

Obviously, this revelation caused numerous people in the industry to be upset and stressed. It appears from the reported story that this particular male talent knowingly altered his test and worked in the industry with full knowledge that he was contagious. I was asked several times on Twitter whether the actions by this particular male talent were criminal in nature.

The answer is yes. In California, if someone knowingly exposes another to a sexually transmitted disease they have in fact committed a crime. For knowingly exposing a scene partner, that contagious performer would be guilty of a misdemeanor which is punishable by imprisonment up to 6 months and a $1000.00 fine. I also believe that true is for each exposure. Therefore, as stated in the article by Shy Love, this performer worked on three different occasions with an altered test and thus that performer may be charged with three separate counts and possibly face more than a year in jail.

The relevant code sections are listed below;

California Health & Safety Code

120290. Except as provided in Section 120291 or in the case of the removal of an afflicted person in a manner the least dangerous to the public health, any person afflicted with any contagious, infectious,or communicable disease who willfully exposes himself or herself to another person, and any person who willfully exposes another person afflicted with the disease to someone else, is guilty of a misdemeanor.

120600. Any person who refuses to give any information to make any report, to comply with any proper control measure or examination, or to perform any other duty or act required by this chapter, or who violates any provision of this chapter or any rule or regulation of the state board issued pursuant to this chapter, or who exposes any person to or infects any person with any venereal disease; or any person infected with a venereal disease in an infectious state who knows of the condition and who marries or has sexual intercourse, is guilty of a misdemeanor.

Obviously anyone exposed by this male talent could press criminal charges against him.

However, there are other rights and remedies that an exposed and infected performer has. The main one being a claim for workers’ compensation benefits. If a performer is exposed on set to a virus or contagion that will require extended medical treatment and a loss of income for a prolonged period of time it is unavoidable that the performer will suffer because of it. Workers’ compensation insurance can provide benefits to that performer in the form of medical treatment and temporary disability payments for the loss of income until the performer can return to their usual and customary job activities, performing. While no one will “get rich” from a workers’ compensation claim it is a system of benefits to help an infected performer in case of an injury. Syphilis would in fact be considered a work related injury and covered by the appropriate Labor Code sections. Further, a workers’ compensation claim is not like a lawsuit where a performer would have to prove their claim like in civil court. In case of something like a syphilis infection all that would be necessary is for the infected performer to prove they worked with the original carrier of the infection and it will be presumed to be a work related injury. The burden would then shift to the production company to prove that the performer actually became infected somewhere else. It is almost impossible for a production company to meet that burden. Also in the workers’ compensation system “a tie” is usually decided in favor of the infected performer.

While this situation is extremely problematic for the industry and for the performers exposed there are remedies for them. However, this is a situation that needs to be learned from and never repeated. The health and safety of performers should be the first and foremost concern of other performers and the production companies.

August 17, 2012 0

Porn, Permits and the Penal System in LA!

Recently, with the condom law having already been adopted by the City of Los Angeles, the issue of obtaining permits to film within Los Angeles has become a hot button issue. Over the past month my office has received numerous phone calls indicating that the Los Angeles Police Department is spot-checking production companies to insure they indeed have film permits. All those reading this article should realize that commercial filming within the County of Los Angeles and especially within the City of Los Angeles requires a film permit secured from FilmLA ( http://www.filmla.com ). Failure to have a permit is a misdemeanor punishable by up to one year in jail and confiscation of a producer’s production equipment. If you are outside of Los Angeles it is urged that you seek counsel and information as to whether your city or county require film permits. And to clarify, within Los Angeles, even those persons that webcam from home are required to have a permit to do so – any commercial filming requires a permit.

Prior to being able to obtain a film permit from FilmLA there are certain requirements that you must be aware of. I would strongly recommend that those interested in securing a permit thoroughly research the requirements by visiting FilmLA’s website and more importantly the link for filmmakers ( http://www.filmla.com/forms.php ). In order to obtain a permit in Los Angeles a production company will be required to obtain production insurance first. The City of Los Angeles requires total minimum Commercial General Liability coverage limits (per occurrence) of $1,000,000.00. Other cities have different insurance requirements therefore you should research where you will be shooting in order to determine what your specific insurance requirements are. While I am not endorsing one particular agent, Greg Zeboray has been working with adult entertainment production companies for years and does assist in securing production insurance for adult studios ( http://ins.zeboray.com/ ). A reputable insurance agent knowledgeable in regards to film permits will be able to provide valuable assistance.

Some cities and counties will also require that the production company have workers’ compensation insurance in addition to production insurance to be able to secure a permit. In order to secure workers’ compensation insurance within California you may call a broker or directly contact State Compensation Insurance Fund ( http://www.statefundca.com/ ). SCIF, for short, is a state owned and operated insurance company of last resort. Which means if a production company cannot secure workers’ compensation insurance from any other insurance company SCIF HAS to insure that company. If you have never secured workers’ compensation insurance before you may want to start your search with SCIF. Usually, a private insurance company will not insure a production company without a history of previous policies to investigate.

Whether you are producing in Los Angeles or in another jurisdiction it is highly recommended that you research and seek out advice as to the requirements of film permits and the possible penalties of shooting without a permit. In my career, I have been involved in several criminal cases where the basis of of the charges were the producer’s failure to secure a film permit. Usually most cases in Los Angeles are resolved with the payment of a fine and the defendant serving out a period of community service (such as collecting garbage in an orange jumpsuit on the side of a local highway). It is possible that if you are producing in a community where the production of pornography is not legal a district attorney may opt to prosecute a producer for not having a permit instead of other crimes which may be protected by the First Amendment.

August 15, 2012 0

Porn 101: Choosing Your Pornstar Name

This is the first in a series of articles for those that are considering getting into the adult industry as a performer. Every year I travel the country speaking at several Exxxotica Expos wherein I do a series of seminars called “Breaking into The Biz.” One of the most asked questions I receive from both men and women is “how do I get into porn ?” Before someone can get into porn, they need to choose an appropriate stage name for themselves. Most people think that picking a porn name is rather easy…it’s the street they lived on as a kid and the name of their first pet. Unfortunately, that’s not so. Choosing a great stage name may require hours of research.

Before someone can enter the industry they need a stage name. I strongly suggest that you do not allow anyone else to “name you.” Do not let your boyfriend/girlfriend, agent, manager or a friend choose your stage name. By picking your name that gives them the right to own your name. It’s called intellectual property. If they choose it they own it.

Do not choose a name that contains popular brand names or the trademarks of companies. Forget Paris, Mercedes, Lexus, Dallas or any other geographical name or trademark. Not only is it problematic and opens you to a legal challenge by that company if you use an established trademark but no one will ever find you on the Internet when they do a Google search for your website. There are already hundreds, if not thousands, of websites that discuss Lexus and Mercedes Benz automobiles as well as thousands of travel sites discussing how lovely Paris is in the spring.

Do not choose a variation of your favorite pornstar’s name. Even if your boyfriend tells you how much your blow job techniques remind him of Susie Suckems blow job techniques do not name yourself Bobbi Suckems. As a performer you want to stand alone and not be confused with another performer in the industry. How successful would a singer be if she decided to call herself “Sher” or “Misses Gaga?” No one does that in mainstream entertainment and you shouldn’t do it in porn.

I understand it may be impossible to know the name of every pornstar that has preceded you in the industry but you have a great research tool to investigate if someone else has the same stage name that you want. Mainstream has IMDB.com and porn has IAFD.com ( http://www.iafd.com ). IAFD.com is a pornstar database of more than 100,000 performers. And yes, you read that correctly, they have a database of more than 100,000 porn performers. You probably didn’t realize that there have been that many porn performers in the history of porn. Obviously, with that many performers you probably wont be able to find a completely unique stage name but you do want to stay away from a performer name that exactly matches another performer’s name.

Once you have researched your stage name on IAFD.com it’s now time to see if someone has filed a trademark on your name already. It’s fairly easy to search the United State Trademark Database online ( http://www.uspto.gov/trademarks/index.jsp ). Just simply go to the search function and see if your name matches a previously registered trademark. If it does then you should go back to IAFD.com and begin the process over again.

Now that your name has cleared the IAFD.com and trademark search its now time to see if your name is available as a domain name. It’s rather useless to select a stage name unless you can own your own little piece of the Internet. It is vital that you can own your domain name and all the variations of your domain name. Which probably means you should not choose a name that is easy misspelled. Avoid names such as Jenny since it can be spelled Jeni, Jenni, Jenny, Jeny or even Jennie. A stage name using Jenny would require you to purchase four times the amount of domain names since you will have to buy every misspelling of your name. And if you combine a first name such as Jenny with a last name of Jameson – well now you will be purchasing domain names until you are broke since Jameson can be spelled with an “e” or an “i” and now you have to purchase every variation of both spellings. At this point you might be saying “why do I have to buy all those domain names if my name is going to be Jenny Jamison.” The answer is simply, if you don’t buy them other people will and they will set up websites with your name and make money off you and you will not see a dime of the money they make.

Most performers do not realize that when you start performing in scenes you will be signing a contract called a model release which will give the person or company paying you for your scene the right to use your photographs and videos on a website to promote the content. If you are just your average run of the mill porn performer, your scene will probably just be used on the company’s website. However, if you become a “pornstar” it is very likely that the company will buy a domain name with your stage name in it and start a website about you. If they have more than a couple of your scenes they can start a membership site and charge for it. And if you become a “big name pornstar” that company will probably call other studios and purchase the scenes they have shot with you in it to add to the website. Which means they are making money from your name, your hard work and you are not going to get a share of the profits.

To research whether your chosen stage name is available as a domain name it is as easy as doing a search on Go Daddy ( http://www.godaddy.com ). Once you determine that it is available – buy it. Do not wait, do not come back to it later, do not discuss your stage name with anyone. I have seen boyfriends, agents and managers steal the domain names of performers. Once you have spent hours researching your stage and domain name you should not discuss it any further with anyone. And you should not just purchase the .COM – you should purchase as many of the “dots” that you can afford. I would strongly suggest that you purchase the .NET, .ORG, .ME, .BIZ, .INFO, .MOBI, .TV as well. Obviously, if the domain name is not available for your stage name then you need to go back to IAFD.com and begin your research all over again until you can chose a stage name that passes all of the tests.

If you have the funds you may also want to consider buying other customary adult industry variations of your stage name. For example, if your stage name is Suzie Suckems you may want to consider purchasing ClubSuzie.com, ClubSuzieSuckems.com as well as SuzieSuckemsXXX.com. Finally, you may also want to purchase SuzieSuckemsBlog.com. These are all popular website variations that adult performers use in addition to their regular domain names. It would be cost prohibitive to buy every possible variation of your domain name but you do want to own as many as you can possibly afford. Not only will this prevent others from owning them but it will also increase the amount of traffic that will flow to your website once you launch it.

Please be aware, if you do not purchase your domain names before you start performing I can assure you that they will not be available once you do. There are people and companies whose sole business is to buy and sell domain names. Once a new performer enters the industry and starts performing those people will often purchase domain names of performers just so they can sell it back to the performer for substantially more than what the domain could have been purchased for by the performer. Trying to legally fight to get the domain name back is possible but still much more expensive then buying it from Go Daddy.

Next lesson in Porn 101 -> Choosing an Agent !

August 14, 2012 0