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.


Asked on 10/24/07, 4:05 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

Read more
Answered on 10/24/07, 4:34 pm
Gordon Firemark Law Offices of Gordon P. Firemark

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 ;-)

Read more
Answered on 10/24/07, 10:31 pm


Related Questions & Answers

More Entertainment & Sport Law questions and answers in California