Porn 101: Fetish Content – What’s Legal ?

woman in corset with hands tied focus on the frontI am often asked by producers what is legal and not legal to shoot in regards to fetish content. My usual answer is “it depends.” It depends on where you are shooting as well as what you are shooting and where the content will be distributed. For the most part, before Kink.com, fetish content did not involved sex or at least penetration. One of the last remaining “taboos” in adult entertainment was tying up someone and penetrating one or all of their orifices. Many producers to this day believe that may still be viewed as forced raped by law enforcement and worry about potential prosecution as well as obscenity charges from producing such content. While others see what Kink is doing in their productions and think that it is perfectly legal to follow to lead. That could not be farther from the truth.

Whenever I advise a particular producer or model that what they want to produce is potentially illegal or borderline illegal to produce the most often heard response I receive is “But so-and-so is doing it that way.” What most people do not understand is the vast financial differences between being Kink.com and XYZ Productions. Kink.com has the funds to pay for and defend any type of legal situation (Note: I do not represent Kink). XYZ Productions probably does not. Therefore, if Kink.com was ever prosecuted criminally or faced a lawsuit because of its content, they would have the ability to handle such a situation, whereas the little producer would be ruined an unable to defend.

Removing penetration from the equation though and fetish content actually becomes one of the best niche markets with the highest potential return on an investment. Not only is it less expensive to produce most fetish content then it is to produce traditional boy-girl, girl-girl or boy-boy content, it is also legal to produce in all 50 states, depending on the exact nature of the content.

For example, if you produce fetish content such as cake sitting, balloon popping, smoking, toe sucking, tickling, wrestling, POV humiliation, shoe worship and foot worship, as a producer you will have less to worry about in regards to potential criminal prosecution. Some fetish content requires absolutely no nudity and therefore you may not even have to maintain 2257 documentation. The vast majority of fetish content does not involve penetrative sex and therefore usually cannot be the basis of a criminal complaint for pandering or prostitution (be aware that shooting without a permit may still be a crime please check your local laws). You can literally produce certain types of fetish content anywhere. And it is often much less expensive to pay a model to pop balloons naked than it is to pay her to perform fellatio on a male performer. With the onslaught of tubesites, any type of “sex” content is easy to find for free on the Internet whereas fetish content is more specialized, harder to find for free and usually more often purchased then sex content. One of the easiest distribution methods for fetish content is on websites such as Clips4Sale.com ( http://www.Clips4Sale.com ). Not only is Clips4Sale an excellent distribution method but it can also be used as a resource tool to determine what is hot in the fetish market. You have to look no further to see what is selling on Clips4Sale to understand what may sell for you.

If you are going to produce fetish content without sex (oral, anal, vaginal or even handjobs) the possibilities are limitless as to the different niches and sub-niches you can produce. The list of all potential fetish content is too exhaustive to state in this article and I recommend that anyone looking to produce such content to choose several niches to begin with and experiment. However, once you find a particular niche or sub-niche your clients and customers may remain loyal for years to come.

Be aware that producing fetish content still has it owns potential issues. The following is a list of activities that you will want to stay away from incorporating into any of your productions as these may be considered criminal and/or obscene in some localities;

•    Underage Material Real or Simulated (ex., sex with dolls)
•    Snuff
•    Necrophilia
•    Blood
•    Asphyxiation
•    Animal Sex
•    Forced Sex
•    Non-consensual Sex
•    Hardcore Bondage with Sex
•    Vomit
•    Feces
•    Pissing/Peeing
•    Fisting
•    Chloroform
•    Weapons
•    Drugs
•    Intoxication
•    Crushing

While this list is not exhaustive as to what may or may be deemed obscene in certain localities it is a good starting point as to what may be problematic. Of course, if you are determined to produce fetish content it is strongly advised that you consult with an adult entertainment attorney BEFORE you begin any pre-production so that you may fully understand the legal ramifications as to the exact nature of the content you would like to produce.

 

 

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.

 

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