One of the companies that shoots niche content has released what it calls a “performer bill of rights” I copied it below (with permission of course)
While it isn’t a “Bill of Rights” it is a good example of how companies should conduct business with talent and in this case its this companies employment contract. Thing is these practices could be written as a Performers Bill of Rights and it would be a good thing. many websites, including Buzzfeed have been paying it lip service but really lip service is all it is.
For something like this to actually happen would require APAC to do more than just the usual hashtag activism, they would have to write this as a “performer Bill of Rights and then get behind it.
As it is it’s a lot like The FSC…it sounds like it might be good but in reality it’s just a lot of BS. In order to be good it would have to have TEETH, meaning that violating it would cause at the very least, monetary damages. APAC SHOULD get on this, write it up, endorse it and then take it and push Cal-OSHA into adopting it instead of the agenda being pushed by AHF. Of course that means someone has to actually get off of his her ass….It would also require money, though not much. If Chanel Preston wants to make a mark for APAC here is her chance.
It won’t likely happen, because
1. APAC is a puppet of the FSC and leaving condom use entirely at the discretion of performers is NOT going to be tolerated by the current iteration of The FSC. The FSC has made it very clear that they only support that call being made by the producers/manufacturers.
2. Since APAC is a puppet of the FSC then the money would likely have to come from The FSC coffers, and THAT would mean a big deficit, considering that well over HALF of all the money donated to The FSC has been used to pay Diane Dukes salary, and that does NOT include her expenses like travel and whatnot. the thing is that something like this Could be the thing that The FSC needs to get performers active in the organization. In the past the FSC thought performers should pay to be members just because they said so, they did nothing for performers, performers knew it and support for The FSC from performers was dismal, as it should have been…Which leads to the next point.
3, AVN isn’t going to get behind it because they are not advocates for performers any more than The FSC is. and XBiz isn’t going to do it because they are essentially worthless, nobody really considers them to be more than minor players, everything they do mimics AVN, no originality, nothing different except that AVN actually does have some editorials hidden among it’s press releases, and AVN’s Awards are considered to be the best of the best, even if it ain’t saying much.
But you should read this, and my hats off to Colin and Angie Rowntree whose employment contract this is. It would be a great basis for a performer bill of rights and if done correctly it could bring positive attention to the industry from mainstream and from lawmakers, something that is sorely lacking these days.
Chanel/APAC…Please prove me wrong, get this in motion, If I can help in any way contact me. And Colin and Angie…Good job and thank you for the use of your written policies and procedures.
ON-SET POLICIES AND BEST PRACTICES
At Sssh and Wasteland, our goal is to make you feel comfortable and safe as a performer and to provide you an enjoyable work environment on each and every shoot. While making our movies is a professional endeavor and we take it seriously, we also want you to have fun.
We emphasize and encourage collaboration. The way we see it, you don’t work for us as a performer; instead, we are honored to have the opportunity to work together with you. We find that when performers are involved in creative decision making, it yields a better, more realistic and erotic scene, because your passion and commitment are translated to the viewer, making the entire production more enjoyable for everyone involved.
With those guiding principles in mind, here are the specific policies and best practices we adhere to – and if at any time you feel there’s a good policy which needs to be added, please tell us. We want these policies to be as effective and comprehensive as possible and we greatly value your feedback.
1/ The nature of individual scenes and the sex acts they require will be negotiated and agreed to before the day of the shoot.
2/ We will never ask a performer to do something that hasn’t been negotiated beforehand. As a performer, you ALWAYS have the absolute right to say “no” – even if what you’re saying no to is something you’ve already agreed to.
3/ If at any time you do not feel comfortable, you can stop any action, at any time. If you feel up to it, we will simply move forward and do something else. If you want to stop completely and not continue filming, for any reason, that’s fine too. It might be “our shoot,” but it’s your body and your mind; performer consent and enjoyment are paramount for both Sssh and Wasteland, so your choices and limits will always be respected and honored, without question. Again, we want you at all times to feel safe and have fun – so if for any reason you aren’t, just let us know.
4/ Pay rate will be set prior to the day of the shoot. While negotiating, please know that we pay a flat day rate and do not pay per scene, except where noted. We do not offer different pay rates for different sex acts or gender.
5/ We are always open to suggestions and changes to any storyline, skit or scene. We want you to “own your part”, and we love to hear feedback on how we can make your character stronger, better, and true to life.
6/ We want your chemistry with your scene partner to shine through, so if you’re not shooting with your “real life partner”, let’s talk and find a good match. If there’s someone you’ve always wanted to work with but never had the opportunity, we’ll reach out to them and try to bring them on board.
7/ Whether you have had STI tests, or are working with your real life partner, condom / barrier use is 100% up to you. We provide condoms / barriers for your use, and / or for the use with insertables.
8/ All toys and instruments you will be using for scene will be cleaned and disinfected. You also have the right to clean them yourselves, if you prefer.
9/ If you are not working with your real life partner, you have the right to see all STI tests prior to sexual contact.
10/ We provide a safe, clean and positive environment to work in.
11/ We have an alcohol and drug free set. There are NO exceptions.
12/ You must be 21 or older to appear in content for any of our websites.
13/ Any medical conditions or concerns must be disclosed and discussed prior to hiring.
14/ If you’re working off a script (features only), you will receive a copy 2-4 weeks prior to the shoot.
When you shoot with us, you will have an on-set advocate at all times. Regardless of what was pre-negotiated, your advocate will call “pause” if you exhibit signs of being distressed, uncomfortable or if the advocate is concerned for any reason. Shooting will only resume after a check-in with you, and after both you and the advocate consent to continuing.
You can stop a shoot at any time by using your safe word or a pre-designated hand signal. All limits will be respected, and as with any of our shoots, you always have the absolute right to say “no.”
If you cancel a shoot during filming, we will work with you to alter the performance to something you are willing/able to complete. If no such arrangement can be reached, you will only be paid for completed scenes.
PRE AND POST-PERFORMANCE INTERVIEWS
Both to assure documentation of expressed consent and as a legal precaution designed to protect both performer and producer;
Wasteland will record pre and post-shoot interviews with performers. In some cases, portions of these interviews may be used in “behind the scenes” footage, as well, but the primary purpose is simply to document our agreement and to ensure you have been given every opportunity to consider your prospective performance and agree to all its details.
Sssh.com will record post-shoot interviews with performers and performers and directors will partake in a couple of short Special Features, such as a commentary for a Directors Cut and “Quick Question”.
MODEL RELEASES and 2257
Prior to each shoot, we will ask you to show us your state or federally issued photo ID that shows your date of birth as being older than 21 and complete our 2257 document. After the completion of the shoot, you will be required to fill out and sign a model release which is a binding contract between you as a performer and we as a studio that will be distributing the works.
At the time of booking, please let us know your food allergies, as well as your likes and dislikes.
We will supply you with a full lunch.
If the shoot runs after 7 pm, you will be offered dinner
Beverages (including, but not limited to water, coffee, tea, hot chocolate, Gatorade, soft drinks) and healthy snacks are available at all times, including on-set.
For Feature shoots we provide 3 meals a day, plus snacks
Two weeks prior to a feature shoot, you will be emailed a daily menu. Please let us know if you have any allergies to any menu items. You will be offered a choice of; meat, fish or vegetarian dish, please let us know what your preference is, at your earliest convenience .
Beverages (including, but not limited to water, coffee, tea, hot chocolate, Gatorade, soft drinks) and healthy snacks are available at all times, including on set.
Performers are welcome to tweet from the set, if they choose. If you are taking pictures, please check with all of the crew that they consent to being in your photos for twitter, instagram, etc.
This is an ongoing process. If we are missing anything please tell us. We want these policies to be as effective and comprehensive as possible for both you and us, so we greatly value your feedback.
We are listed on EthicalPorn.org.
Questions? We are always here to talk.
Sssh.com – editor (at) sssh (dot) com
Wasteland – movies (at) wasteland (dot) com