Posts Tagged ‘webcam performer

22
Jan
14

Witnessing Transformation – Performers into Producers

The beginning of a new year in the adult entertainment industry is always filled with excitement, trade shows, and hopes for success in the year ahead.  Now is also the time when the industry tries to identify upcoming trends in production and distribution of erotic content.  Fresh in the minds of many performers and producers are the battles over condom laws, and production moratoria resulting from STD outbreaks. This, combined with advances in technology and plummeting DVD sales, has encouraged many performers to explore alternative forms of erotic entertainment to fill the gaps between shoots.  Some choose escorting or headlining at strip clubs.  But many others have turned to lucrative live webcam performances and custom video-production.

The effect of these erotic alternatives has been to cut out the middlemen; i.e., the talent agencies, producers, and photographers.  All that’s required is a webcam, a good broadband connection, and a knack for turning on your target audience.  Many webcam platforms and escort advertising networks allow the performer to take control of his or her content production and therefore, directly profit from the work.  With a little creativity and work ethic, some performers have found that webcam performances or custom, amateur videos can be even more lucrative than professional porn shoots.  The new middleman is the webcam platform provider or the clips sales studio.

Interestingly, as technology fosters a more one-on-one interaction, the tastes of typical erotica consumers have evolved as well.  Why lust after the unattainable blonde bombshell, when that webcam performer with the ‘girl next door’ look might actually be the girl next door?   The evolution of technology has allowed the performer to create, market, and distribute their material, all the while inviting customers into their reality.  The average porn consumer now wants to know things like what their favorite performer had for breakfast, how they get dressed in the morning, and their plans for the evening.  Call it a byproduct of a reality TV-obsessed culture, or just living in the age of social networking; all the world’s a stage and performers are more than willing to share the intimate details of their lives with customers.  Ten years ago, an autographed DVD might have been a prized possession for a devoted fan.  Now, last night’s panties are up for grabs – for the right price.  Some performers may even go the extra mile and engage in intimate contact with fans on camera, as a promotional tool.  The popularity of this type of interactive sex and performer/fan dynamic was even the focus of HBO’s premiere of SEX/NOW; the network’s reboot of Real Sex.

So what does this mean for the performer now turned producer of his or her own material?  Most importantly, all of the legal obligations that used to be handled by the producer, photographer, talent agent or other intermediary now fall squarely on the performer.  These legal concerns include Section 2257 records keeping compliance, content clearance, licensing of rights, copyright registration, fair use concerns and trademark issues.  Can I show that painting in the background of my cam shot?  Will the RIAA come after me if I play music during my cam show?  Just because technology allows a seamless transition from performer to producer, does not necessarily mean that the law does the same.

Most cam performers are unaccustomed to dealing with these technical issues and mundane legal obligations – particularly if they have relied on professional producers to handle such matters in the past.  In some ways, we’re all in the same boat.  Anyone who posts a comment on Facebook, or a review on Amazon, is a worldwide publisher.  Anyone who uploads a picture to a blog or forum is a media producer.  That power triggers significant legal obligations.  Issues like defamation, fair use, and commercial exploitation used to be the exclusive province of powerful media stakeholders like the New York Times or NBC.  Now, these issues impact anyone with a smart phone or social networking account.  Add on the additional layer of legal regulation imposed on erotic content, and performers can often become overwhelmed with compliance issues.  With industry-specific devices and applications expressly designed to simplify the process of production and publication, technology can help ease the burden, but only to an extent.  Autonomy requires proactive measures.  If performers wish to capitalize on self-production trends and continue forging virtual relationships with their fan base, the keys to success are education and preventative solutions.  The performer turned producer must learn to recognize the legal issues before they become legal problems.

Lawrence G. Walters heads up Walters Law Group, which has advocated for the adult entertainment industry and Free Speech issues for 25 years.  Nothing contained in this post is intended as legal advice.

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07
May
13

Dangerous Intersections

Can a webcam model also be a paid escort and an active member of a “hookup” dating site?  Naturally, the answer is “yes,” but at what costs?  Blurring the lines between these adult-themed user categories creates an uncharted hybrid of legal exposure for both the individual model/escort and those operating the associated websites.  However, more and more frequently we’re seeing this sort of crossover in the live webcam, escort, and casual dating industries.  Historically, escort sites have operated on the legal assumption that their advertisers do not engage in sexual activity for hire, but simply offer paid companionship services.  Live webcam operators routinely engage in sexual activity on cam, but are typically prohibited from any “real world” meetings with users, so as to avoid concerns with prostitution and solicitation.  Finally, adult dating sites have avoided prostitution-related issues based on the fact that they merely serve as a forum for social interaction, and should any sexual activity occur between users, it is not in exchange for money or anything of value. However, when the same individual acts as a webcam performer, an escort, and a hookup site user, these important legal distinctions and assumptions can start to break down.

Importantly, no law prohibits an escort from having a normal, romantic dating life, complete with sexual activity.  Similarly, live webcam models are not legally prohibited from offering companionship escort services, or submitting profiles to casual dating sites in search of an occasional tryst.  The legal danger arises in the not-so-rare scenario, linking all of these activities together in some way. For example, escorts who provide sexually explicit performances via webcam must be careful to separate any discussion of escort activities or reference to online escort profiles, to avoid sending the wrong message to users.  Without clearly distinguishing between webcam and escorting activities, the government will likely argue that any explicit webcam activity is indicative of the services the model might provide when acting as a paid escort.  Whether such argument would be successful in a court of law is another matter, but the risk exists.  Escorts should be similarly cautious when linking to any dating site profiles that reference sexual activity, so as to avoid conveying any misconception regarding the limited, non-sexual nature of the activities that the escort is willing to engage in during a paid session.

While compelling legal arguments can be made in support of the legality of live webcam sites, escort sites, and hookup sites, those legal arguments can be negatively impacted by linking such activities together in some manner. In a perfect world, escorts would never engage in sexual activity, webcam models would never meet users offline, and adult dating site participants would never be compensated for anything having to do with erotic interaction.  Unfortunately, however, reality is messy.  Escorts and webcam models do have social lives, and are entitled to engage in healthy sex lives, just like anyone else.  But as the escort, webcam, and adult dating business models become more popular and profitable, site operators will be forced to make difficult but important decisions regarding the extent to which any co-mingling of activity will be permitted or referenced on the site.

In the immortal words of The Offspring: “You gotta keep ’em separated.”  But with many operators permitting posting of user generated content with limited or no pre-publication review, along with real-time social network feeds, the ability of a site operator to control the intersection of these three areas of online adult entertainment can be challenging.  That said, pre-publication review of user posts/profiles creates its own set of complications, and may negatively impact the legal protections afforded to online service providers under federal statutes like Section 230, the DMCA, and Section 2257.  Thus, actively attempting to control linkage of these various activities could impact the site operator’s legal defenses to claims arising from the publication of this third-party content. Coherent operating policies should be adopted in connection with the publication of any such material, taking into consideration all of the factors.  However, given the serious legal consequences attached to the promotion of sexual activity for hire in the United States, site operators, escorts, and performers should be forewarned regarding these dangerous intersections. 

Update: The passage of FOSTA in April, 2018 has significantly impacted the legal issues addressed in this post.




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