Legal Question in Entertainment Law in California
Filming Sex on Private Property
Hello-
I am a documentary filmmaker in
California. Part of the documentary
will include scenes of actual sex with
non-actors (who have signed
releases to participate). Can I legally
film sex acts on private property in
California if participants sign
releases?
Thank you.
2 Answers from Attorneys
Re: Filming Sex on Private Property
Welcome to California, the land of consenting adults. To film sex on private property in California, you need: 1) Willing, unpaid participants; 2) Permission of the property owner; 3) Curtains that close; and 4) Enough film.
Also, this being California, don't be surprised when one of your actors catches a STD, claims they were your employee, and files for workers' compensation.
Re: Filming Sex on Private Property
No real reason why you wouldn't be able to, BUT with the following caveats:
All acts must be consensual, a person's consent to one sex act, (and to being filmed doing it) doesn't necessarily amount to consent to any other act, etc. Once the word "No" is uttered, you'll need NEW consents, etc.
If you're not paying the "performers", you shouldn't have any problems. If you ARE, there may be allegations of prostitution, pandering, etc.
Also, what Mr. Stone said about workers' comp and other liability claims is worth considering...
This is a high-risk venture.
That said, I can't wait to see your work ;-)
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