At first glance you would automatically say that performers will benefit, and to some degree that is true. For sure the A List will benefit, it may weed out a lot of performers on the low end of the scale though. That is already happening to a large degree because most companies have cut production drastically. It also relieves them of the burden of testing costs and post exposure treatments for any STD.
The performers who will benefit most though will probably be the ones that are not USA based. As many have pointed out in the previous post it’s not so hard to simply place a phone call or send an email and get content shot outside the USA. There is talk of American porn actresses being flown to foreign countries to shoot and things of that sort. While that could happen it would almost certainly be for the very upper echelon girls because financially it doesn’t make sense to fly the girls to say The Czech Republic and put them up when you have a plethora of gorgeous girls in Prague that shoot for half of what their American counterparts get. This is why many of the Euro talent comes to the USA wanting to shoot.
Another thing I noticed about the law is hat it doesn’t differentiate between male and female condoms so a good female condom manufacturer may find this to be a boom market.
Male talent on the other hand could face problems, many of todays performers can’t perform without a condom and a Caverject injection or a handfull of Viagra so those guys are going to fall by the wayside VERY quickly, guys who can perform with a condom will get even more work…lots more. One such performer I talked to was excited about this aspect, more money for him.
Any way you look at it this law will be tough on agents, the further slow down in work, the offshore production of content and regulations forbidding them to book shoots with non compliant companies. There is no upside for agents.
The FSC and Diane Duke will benefit greatly. Porners desperate to fight the law will pour in money, money that largely (over 75%) goes to pay for nothing but Diane Dukes salary and expenses. No matter what she tells you she is loving the prospect of this…it is job security for her unless porners get smart and send her and The FSC packing like should have been done a lone time ago.
Companies like Evil Angel actually won’t benefit much or be hurt much, its pretty neutral for them. Companies that rely on in house directors and such will be hurt unless they outsource from offshore, then those in house directors will be toast…in many cases I would say good riddance.
AHF will benefit because this is a huge publicity coup. It will generate massive amounts of money and attention plus it will help relieve them of the burden of taking care of the people in the industry who do get STD’s.
The guys that will be hurt the most are the independent US based producers that rely on extreme content. The good ones will do fine, they will continue to make quality product with condoms and prolly not miss a lick but the ones that depend on extreme and trainwreck content….not so much.
The lawyers, on both sides, again job security.
Finally the one thing that bothers me the most about this or any law like this is that once it is cast in the legal doctrine it’s next to impossible to get out. For example suppose this law passes now in 10 years some big pharma company developes an STD vaccine that completely eliminates all STDs, they all go the way of Polio…The law is still enforceable and still on the books and can be used to harass. Don’t laugh, such a vaccine is certainly possible in the next ten years.
In the end we are reaping what we have sown. How many times do you stick someone with the check before that someone no longer wants to go to dinner with you. porners took no responsibility in looking after our own and instead dumped them off on society…well now society is coming to us and saying hey….time to pay your dues…..
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Who Will Benefit and Who Won’t From the Statewide Condom Law http://t.co/8fHmUfhCO3
@MikeSouth1226 A well thought out and executed polemic on the industry and this issue
I’m not saying that not requiriing condoms is the be-all, end-all of porn, but you have to acknowledge that if it is a weenie-shrinker for some of the best male talent, then it probably won’t be business-as-usual for non-extreme content studios either.I’m assuming facials are included in these fluids-laws, and since an ubelievably high number of scenes end with them, I would hardly call that extreme, nor will they go unmissed.
@spawn777 That is an interesting point you bring up fluid such as facials or creampies. I don’t remember any specific language about it. At least for the mouth region.
Still marking up my copy of the Act but appreciate what I’m reading because it adds layers and dimensions to the evolving picture.
The Free Speech angle on licensing, married couples and organizational structuring seem like fascinating facets when taken in context with …
6270.2 Adult Film producers: License
(b) A License shall be effective immediately upon the Division’s receipt of the application and fee, and it’s effect SHALL BE RETROACTIVE BY 10 DAYS OR THE DAY BEGINNING OF FILMING, WHICHEVER IS EARLIER. (Emphasis by caps mine throughout unless otherwise noted)
Section 6720.1 Notice & Disclosure.
(a) Within 10 days AFTER the beginning of filming, an adult film producer must disclose to the Division, in writing, signed under penalty of perjury by the adult film producer, the following information:
..filming address(es) and date…THE FILMING TOOK, IS TAKING, OR WILL TAKE PLACE. ….and WITHIN 72 HOURS OF SUCH CHANGES;
Doing my thing this language seems inconsistent with…
6270.1 (6) (a) condoms WILL be used…
6270.2 (e) A License shall be valid for two (2) years, unless suspended by the Division. Following the last day of the suspension period, the Division shall inform the suspended licensee of License reinstatement.
And gets muddier with…
6270.2 (d) For any adult film producer who is not an individual, no License shall be valid unless all owners and managing agents of such person obtain a License.
Cuz I’m not a lawyer this is for shoots n giggles but IMO this will be one of those both sides Lawyer Job Security things. If my paycheck were on the line I’d be asking my attorney some serious questions…
How is custodian of records in 6270(g) defined? How long and which specific records is this custodian required to maintain?
6720.2 (d) is raising the hairs on the back of my neck with itchy questions…
Starting with ALL OWNERS and moving onto AND MANAGING AGENTS
Does it require both spouses to be licensed in the case of legally married couples? Does it prohibit couples from releasing content filmed with the intent of private use if they don’t meet the 10 day deal?
Is the ENTITY (marriage or structured organization) License invalidated or suspended if one of the OWNERS or MANAGING AGENTS License is suspended?
Seems like it would make more sense to make an ENTITY license dependent on OWNER (stakeholder) licensing and accountable for any hired or contracted MANAGING AGENTS.
In the case of hired or contracted Licensed MANAGING AGENTS their license isn’t jeopardized if the OWNERS (stakeholders) drop the ball or skirt the process.
IG MikeSouth is a sole proprietor OWNER (pretend he is filming in California) he crosses his t’s and dots the i’s for his License to film talent he’s worked with before…he mentions it at dinner and JOE SCHMOE producer who has a valid ENTITY license says…I’ll pay you to film some content for me…becoming a MANAGING AGENT for a licensed owner who didn’t cross their t’s and dot their i’s and gets his ENTITY License suspended…..
Yeah …the lawyers got what I was trying to say long ago…for the rest of you this ramble confused…ask a pro 😉
PS…6720.2(d) clarifies folks stating preferences of going underground or international.
Forgot to add privately held share corps in mind with organizational structuring…does every shareholder need a license?
Maybe some one can explain why they didn’t set licensing up more like Corporate Franchising …the ENTITY is the Licensee responsible regardless of the tangled webs that entity uses to make it so. If agreement calls for fresh plants between 10 and 22 inches …it doesn’t matter who waters and trims them or didn’t …a violation can become a notice to cure or default.
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Meh.
No matter how many times I hear someone say that the performers are for condoms but are too afraid to speak out because they won’t get work? Well, maybe that was true at one time but I don’t think it’s true with this new crop of performers.. Who, let’s not forget, all escort and I doubt they use condoms every time because they really care….lol!
Yeah, it makes so much sense that the performers care and want to use condoms but because they are too afraid to speak out they continue to shoot condom less porn … Therefore, Continue to catch STDS.. Continue to risk contracting HIV every time they shoot a scene ..continue to be taken advantage of..etc..etc…. And they do this all because they REALLY do care about themselves and others… Lol!
It’s obvious MOST performers DON’T give a shit one way or another or are to DUMB to give a shit one way or another..I mean porn doesn’t exactly attract the intellects of society….
Oh, and the current performers who speak out against condoms are just playing a part to get PR/attention for themselves…. In hopes of advancing their “career” and make more money and /or are just FSC puppets…These performers really DON’T care one way or another..they are just saying what they are told to.
and the SMALL percentage of current performers who MIGHT actually be in favor of condoms but speak out anonymously on these message boards?? .You lack credibility…. You come across as cowards otherwise you would identify yourself…
Sorry, but no one, especially from the public, is going to take seriously an industry person who posts anonymously… That speaks volumes to us..
Just like the producers/directors and talent who comment anonymously on these message boards who are against condoms ..you tell us in the public… That you are saying is BULLSHIT and..or … You KNOW you are breaking the law and don’t want to be identified… You are cowards or you would not be posting anonymously ..
Oh, And some of ya also just want to anonymously harass anyone who doesn’t agree with your views……
Lol! Y’all lack credibility.. TRUTH!
Actually these posts seem fully credible. I’ve met smart girls in the industry going twenty years back, economic pressures bring them there. Not all of them escort either.. a lot do but, agents also push them there. Honestly, the industry isn’t really that far from sex trafficking these days. Whatever happened to the Fox girl that tried to shut down Derek Hay? Isn’t she in Europe and looking fifteen years older?
Lurk, if this were actually a way to regulate porn it would probably have been written that way. Unfortunately this is a campaign by Weinfuck to run the whole industry out of CA, pure and simple. With this in mind he wrote every catch he could into the proposed law to ensure it would do its job in running porn out of the state. I hope the voters of CA are smart enough to see this for what it is if he manages to get it onto the ballot, he has to collect a certain number of signatures to do so, I think he needs about 400K registered voters to sign the petition, he can do that in Los Angeles County alone — population nine million of which about five to six million are likely registered voters — where the voters have passed similar legislation so I think this getting on the ballot is a foregone conclusion, it is a matter of whether the registered voters of San Francisco, Marin, Alameda, Santa Clara and Contra Costa counties (the other highly populated area of the state) will go for it as well. I suspect they won’t if they are informed voters, especially in the case of San Francisco and Marin as they are very liberal and don’t in general support government interfering with sexual matters. I also suspect the rural area voters won’t go along with it but there aren’t very many voters in places such as Calaveras and Alpine counties to affect a statewide proposal.