Thank You all for your help… I’m just going to WAIT until I move back to L.A and talk to the people in the adult business that are actually dealing with this NEW CONDOM LAW and ALL of its requirements. It is a very CONFUSING subject and I haven’t gotten enough PROPER information on this…

Oh ya and Mr BT… FUCK the ATTORNEY GENERALS OFFCIE in ANY STATE!… I DEALT with THOSE CRIMINAL CLOWNS in NH before and THEY are SOOOOOOO fucking CORRUPT it’s NOT FUNNY!

As I Imagine THEY are ALL CORRUPT!… I would rather deal with HITLER… The DEVIL… NIXON… and J EDGAR HOOVER… Than ANY ATTORNEY GENERAL’S OFFICE in AMERICA!

Dear fucking God man… ARE YOU SMOKING CRACK BT?

sincerely,

ELVIS’s BASTARD SON

In Craig’s case – as a shooter and editor – he may be an independent contractor under contract to the production studio, but he is still a business owner. As such, he still has a responsibility to provide a safe work environment and make sure that the shoot complies with the law. He can’t say: I only did what the producer told me to do.

If there is a bad outcome on the shoot, a lawyer is going to sue everyone involved and not just the production studio. That’s true whether its a porn production or a mainstream business.

The fact that talent signs a release or a contract really only means that its fine to distribute the content. A release does not give the production company or the shooter the right to violate the law or OSHA requirements just because talent said, yeah, sure, I’m down with that. You can’t get around the law with a release.

Again, that’s true of any industry, including porn.

So … Craig should get liability insurance in case he’s sued. He should call the AG’s office and find out if he needs workers comp coverage – if he uses assistants, he probably does. And he should familiarize himself with the Cal-OSHA requirements if they go into effect. Then he can decide whether he wants to follow them or take a chance.

@BT,,,,,craig mentioned he was considering moving back to California….that’s the state he wanted the information for….or course everything you stated still applies here but as you know its all a little murky at the moment on some things…

It was a slow morning otherwise.

Lacey is on point. The regulations people are discussing, such as Cal/OSHA, are only relevant in California. States are allowed to create business/health regulations for their states that are different from neighboring states. Local communities can create regulations and requirements that are stricter than the state requirements – they just can’t create requirements that are laxer. In other words, if the state passed a law that said condoms just be used for all sex acts but oral, a local community could arguably pass a regulation that says in its community condoms must be worn for all sex acts, including hand jobs. However, a local community cannot pass a regulation that says condoms are never required in our community.

It is common for one state to have tougher OSHA requirements than a neighboring state, stricter zoning, building and environmental restrictions than a neighboring state, and tougher or laxer labor standards. California versus Nevada and Arizona are great examples. You have to find out the rules of the road in your state.

The only other thing to add is that too many people who say they are in the porn business make the mistake of saying: These people are independent contractors. They signed a release, etc.

If you are operating outside of the law or if you are not complying with state or local regulations, it doesn’t matter whether a someone signed a release. You can’t require an individual to work outside of the law as a condition of employment. Nor does a signed mean that you aren’t responsible for the health, safety and well-being of individuals on your premises or contracting to perform a service.

Rawalex: The first amendment stuff related to porn is very complicated and mostly untested. The right to view and own porn is definitely a First Amendment right. The rights to regulate it, sell it and produce it are where it gets dicey. That’s where the community standard comes into play.

Rob Black is a prime example. He was able to operate freely in California. He was not able to distribute freely in Pennsylvania. But, you notice that not consumers were hauled to court in Pennsylvania for viewing his content.

You have to make a distinction between a citizen’s right to view pornography and a company’s right to film and distribute it. All of the court cases, including Miller, involve the prosecution of pornographers and not the prosecution of consumers.

Craig. No offense taken. I have a thick skin. And hey, I’m not an opinionated no nothing Yankee, since I’ve only lived half my 50+ years in New England. To the locals, I will always be a flat lander. Actually, I’m a no nothing, but so want to be helpful, born and bred Midwesterner. But, point taken.

So, let me be helpful about things I do know something about. While I am not in the adult business, I am in business. And my advice, while tongue in cheek, is advice that can help you.

First, most laws are specific to the state or community where you live. If you do not live in California, asking producers in California for advice about the legality of shooting porn is a waste your time.

Second, when it comes to OSHA and worker comp, it’s a mistake to think that the porn industry is different from say running a pharmacy. A worker injury is a worker injury.

So ….. if you want to know whether its legal to shoot porn, your first call is to the State AGs criminal division. They can tell you how they interpret the law for whatever state you’re living in. Your second call is to the civil division to find out the business requirements of operating in the state you live in. You can operate within the law from a first amendment standpoint, but you may still have to have a business license, a permit to shoot etc.

Your next call could be your local police department. However, they may never have had experience with the question, which is probably what happened to you in New Hampshire. Remember, most local cops deal with driver violations, domestic disturbances, car thefts and breakins, and the occasional violent crime. Shooting porn just isn’t in their area of expertise. That said, there may be local ordinances that you want to be aware of. And, by the way, those could apply from a business standpoint – so, ask their department that licenses businesses. There are communities that have ordinances about operating a business from your home. It could be legal to shoot porn, but illegal to shoot in a home in a particular neighborhood because you’re going to generate traffic related to talent, crew etc. There could be permitting issues. Again, these are not porn questions, they’re business questions.

Last, find out what are the worker comp requirements in your state and community and whether your state requires you to cover independent contractors and paid employees. Again, these regulations are done at the state level not the national level. New Hampshire may be different from Vermont even though they are next door. Cali may be different from Florida. These are local questions not national questions.

Last, if you can afford it, get liability insurance. Anyone who works for you – contract or otherwise – can sue you if they’re injured on your set or just feel slighted. Can they win? Who knows? But they can sue and you will have to defend the suit. A few months ago, there was lots of discussion about Katie Summers when she filed suit against John Stagliano. Didn’t she know what she was getting into? How naïve was she? She’s a hero. She’s a slut. Doesn’t matter. Win or lose, valid or not, Stagliano still has to hire a lawyer to defend himself. And, that’s why you have liability insurance.

Last – back to my no-nothing New Englander ways – if you’re really trying to operate in the law and do things right, asking pornographers in California (or, one presumes Florida), who basically give the middle finger to anything having to do with regulation probably isn’t your best move.

Anyway, you need to find out what are the rules of the road in Florida. They may be very different from those in California or anywhere else they shoot porn. Contact the state AG. Contact the state OSHA. Look up their business and workers comp requirements. Then, contact your local government.

If you want to know whether something is against the law where you want to shoot, do not ask the local police – they will arrest you but they will not prosecute you and they probably haven’t been confronted with porn or thought about what to do about it.

Craig: as for the “additional permit fees?” A judge ruled in August that measure b requires that adult productions receive a no -cost permit from the county, adult performers must use condoms, and that criminal charges can be brought against violators.

Craig:
Employer studios/ production companies are the ones that pay for everything regarding the performers not the director /crew.

@Mr.Craig…well that’s good to know:)….and thanks for the sweet attention….now I can go back to enjoying your posts……