Long before the coronavirus hit the adult industry, models were creating their own content and posting it to clips platforms or fan sites. For some, sales generated from these platforms added nice side income, and for others, it was possible to make more money at home than with studio-shot porn. However, just like a studio, building a lucrative individual brand takes hard work, regular updates and engagement with fans to keep the money flowing. If you are producing and selling your own content, here are a few key steps to take that can protect you legally, especially when it comes to unintentional copyright infringement.
See, I visit several platforms every week to try to stay on top of current trends and recently, I’ve noticed more videos taking blatant risks with copyright issues. When I say blatant, I mean copyright infringement which makes my little lawyer heart skip a few beats for the sheer senselessness. For instance, I watched a homemade sex video shot in a hotel with a T.V. in the background showing an episode of “The Walking Dead,” and yet another had Justin Bieber’s greatest hits playing as the onscreen action took place. While we all know music can get fans in the mood, if you’re going to make a video and sell access to it, you can only use music if you have a license for it. Hence, using copyrighted music in a clip makes it unusable and could cost the creators and publishers dearly, even if it was unintentional.
The only way to not pay is to keep copyrighted material out of your videos in the first place.
Studio producers already know the music industry is quite aggressive about protecting copyrighted songs and thus make sure to use only licensed music or none at all, so indie talent creating their own content need to adhere to the same rules when they prepare videos for their fans. While the most common mistakes I’ve seen so far in my random surveys center on popular music or T.V. shows playing in the room (like “Friends” and “Seinfeld,” which NBC would not appreciate appearing in adult content), there are less common (but still legally actionable) instances of copyrighted posters appearing in view of the camera, or magazine covers and books being visible.
And believe me, the last thing you want is Warner Music Group reaching out once they noticed you climaxing in a golden vibrator video to the tune of “Like a Virgin.” Those videos and that music belong to someone else, someone who has every right to expect it not be used without proper payment, just as adult entertainers do not want their artistic work used without payment. Best case scenario if you get caught, is they will send a cease and desist letter, which every major platform will obey, and that video will be deactivated, causing you to lose out on monetization for it. Less likely, but still possible, is that the copyright owner may seek damages, and if their content has been properly copyrighted, they will win. They can get a minimum of $750 in money damages for every video and can take what you earn until it’s paid.
Since the number of major players in the adult industry is relatively concentrated, the likelihood of a mainstream company sending a copy of a court judgment to a handful of top platforms and studios means you will eventually have to face the music, pun intended. The only way to not pay is to keep copyrighted material out of your videos in the first place. That being said, there are plenty of sources you can safely seek out for a sexy soundtrack, and a simple search for “royalty-free music” will give pages of results; although, you still may have to pay a small fee since you’re using it for your business.
It may take some extra effort to set up, but finding music you can license is just part of doing business, and you won’t need to worry about your videos being taken down because of it. If you want to have a video playing on a monitor that can be seen in your shots, show only videos that you have shot yourself or turn it off entirely, but never leave a television on while you are shooting.
Put very simply: don’t play copyrighted music in your videos, turn the T.V. and computer monitors off and don’t show posters, magazines, video game covers or copyrighted books. Avoid copyright problems before they happen. Stay safe and make good money.
Chad Anderson is an attorney practicing in business relations, privacy and data security and is the founder of DPO Solutions Ltd, which provides data privacy policy consulting. He earned his Juris Doctor at the University of North Dakota and Master’s degree in Cybersecurity Law at the University of Maryland School of Law. Chad sits on the Arizona State Bar Ethics Advisory Group and is a member of the Cybersecurity section of the American Bar Association, the Information Systems Audit and Control Association, the International Association of Privacy Professionals and Mensa International. None of what has been written here should be taken as legal advice. Email chad@dposolutions.com to get in touch.
