IMPORTANT - ALL Store owners (US and International) are 100% responsible for collecting Consent Forms and the corresponding Photo IDs for all performers who appear on your studio.
Starting any business on the right foot means that you also need to be aware of laws in both the area in which you are doing business, as well as the country that you live in. We can not offer any legal advice, and you may need to speak to an attorney which can advise you about any local rules and laws which you may be subject to when you begin to film and sell adult content.
Required Documents
All adult content producers wishing to sell clips, photos or videos on Clips4Sale must have on file the following documents:
- Signed & Dated Consent & Content Release form for each date you produce content and;
- Valid State or Government Issued Photo ID (Driver's License, Passport, etc. clearly showing the performers date of birth).
OR
- Licensing Agreement from the legal Copyright Owner, along with all of the performers signed and dated model release(s) and clear copies of the performers valid State or Government Issued Photo ID showing their date of birth.
CONSENT FORMS ARE LEGAL DOCUMENTS AND MUST HAVE THE PERFORMER'S LEGAL NAME, WHICH MATCHES THE NAME AS SHOWN ON THEIR PHOTO ID, TO BE CONSIDERED A VALID AGREEMENT BETWEEN THE PERFORMER AND THE CONTENT CREATOR. |
IMPORTANT NOTICE – International Content Producers are also required to have these documents on file. Any content producer using Clips4Sale’s services that uses a Consent & Content Release which is not in English must be able to provide a certified translation upon request.
REFERENCE:
https://www.gpo.gov/fdsys/pkg/USCODE-2010-title18/html/USCODE-2010-title18-partI-chap110-sec2257.htm
IMPORTANT: Proper record keeping means that each and every time that you shoot adult content you should have the performers sign a new Consent & Content Release for that specific days content. Typically one release for a performer that you work with multiple times does not meet the requirements for proper record keeping as each shoot deals with unique content.
You should make it a practice to have a Consent & Content Release signed every time you shoot new content. If you work with a certain performer regularly then you only need to have one copy of their Photo ID on file, however it is a good practice to ask the performer each time you work with them if they have an updated Photo ID incase their old ID has expired since the first time you worked with them.
NOTE: Please contact a local attorney for assistance with drafting a model release specifically for you and your business needs. We can not provide assistance with this as each content producer is unique to their location and area/type of business, and we can not offer legal advice in this area.
Collecting a W-9 Form From All US Performers
For US Producers: For all United States citizens that you work with you should consider collecting a W-9 form and having it in your records for tax purposes. Anyone that you pay over six hundred dollars ($600.00 USD) should be sent a 1099-MISC at the end of the year.
You can find the W-9 form here: https://www.irs.gov/pub/irs-pdf/fw9.pdf
NOTE: You will need to speak to your accountant for further assistance with any questions regarding your tax preparation and filing.
Are Blood Tests Required?
When shooting adult content (that involves the possible exposure to and of bodily fluids) this question comes up regarding the performers that you may hire. Many professional adult performers will have up-to-date test results and may require that anyone they work with has also been tested and can provide verifiable results before working with other performers. Legally, it is ultimately a question best answered by an attorney who will be able to outline any legal requirements that you, the content producer, may be required to address in the course of doing business in the adult industry.
Adult Talent Testing Service – http://talenttestingservice.com
Company Excerpt – Talent Testing Service, Inc. (TTS) provides safe, courteous, affordable, and convenient talent testing through wholly owned subsidiaries or collaborating sites. Since 2006, TTS has provided the most advanced infectious molecular testing for the adult industry. TTS is a privately held company with headquarters in Miami, Florida and a subsidiary office in Los Angeles, CA.
Paper vs. Digital Records
The question, "What is the best method for collecting my compliance documents?" comes up often. While this is really a personal preference and choice, there are a few options available now to adult content producers.
NOTE: We do not endorse or recommend any one option in particular, however we will list some options below which you can look into and then decide which may be right for you.
Paper Document Collection
Self-explanatory, you would need to print paper copies of your chosen CONSENT FORM for the performer to date and sign, and you would be responsible for getting a copy of their Photo ID either by scanning it or taking a clear photo of the presented ID which can be printed and kept with the model release in a secure location. YOU SHOULD HAVE THE PERFORMER SIGN A NEW CONSENT FORM EVERY TIME YOU WORK WITH THEM FOR THE CONTENT FILMED ON THAT SPECIFIC DATE.