Whether you’ve sat down for a TV binge, flipped through a magazine in the grocery checkout aisle, or searched for your favorite professionally-produced smut, you’ve consumed media that required model releases prior to filming or photographing.
What is a model release, anyway? Entertainment jobs are typically structured for independent contractors, meaning that each new piece of media involves separate payment and copyright consent procedures. Model releases are forms that gather legal consent from all parties involved to produce, market, and distribute the media that is created.
Generally, a model release will ask for personally identifying information and will clarify the acceptable terms and usage of the media for both parties. From a Hollywood blockbuster set to a porn production in the Valley, ALL professionally produced media requires this type of legal consent in order for companies to sell the finished product.
Many professional adult studios now have participants complete model releases, consent forms, and other required paperwork on camera to verify the identity of the person signing, and the time of signing. This paperwork is completed before any other filming can take place. This creates a reasonable standard of assurance that all legal documents and their signers are verifiable and traceable.
Now, with all this in mind, let’s dissect a new law recently passed by the state of Alabama.
The text of the bill that relates to adult content reads, simply:
“Section 8-19G-8
Consent Requirements to Publish or Distribute Private Images.
(a) Any commercial entity, before knowingly and intentionally publishing or distributing a private image, as defined under Section 13A-6-240, through an adult website, shall obtain written consent to publish or distribute the private image from every individual depicted in the private image.
(b) The written consent required by this section shall be signed by the individual depicted and sworn to by a notary public. The commercial entity shall maintain records of the written consent for not less than five calendar years following the publication or distribution of the private image.
(Act 2024-97, §8.)”
What does this mean?
Section A states that all adult websites must obtain written permission to publish or distribute the media from the performers featured. This is a redundant requirement for two reasons. The Child Protection and Enforcement Act has required explicit model releases since 1988 – that’s almost 40 years of established protocol. Additionally, the Child Protection and Enforcement Act requires documentation to be stored for 7 years following production, which supersedes the unnecessary 5 year requirement stated in Section B.
The second reason is that model releases have been standard practice in all forms of media for several decades, from photography to entertainment to event video production. Various mainstream photography and cinematography associations, such as the American Society of Media Photographers, have long pushed model releases as a standard business practice with important implications for producers and subjects alike.
Model Releases are a vital piece of liability protection for producers and distributors to ensure that they have permission from all participants to utilize the media in whatever methods are agreed upon. It would not serve producers, performers, or distributors in any way to risk publishing content without legally binding and verifiable model releases available.
Section B is the real trickery of the bill. It states that in order for a model release to be recognized in the state of Alabama, it must feature a stamp from a notary public. Notaries are typically required for large purchases and permanently life-altering legal agreements, such as buying or selling a home, marriages, and articles of business incorporation.
Imagine if every paycheck we receive needed notarized documentation to accompany it. Every job application, every 1099, every employment contract. The burden of cost for mobile notaries to sign documents at the time of hire and for every payment following would put a tight squeeze on many companies, particularly smaller businesses, or the cost would be passed on to working Americans at the time of employment. Not even major film studios are required to notarize their contracts, and often don’t, as binding contracts are standard practice before filming can begin. The risk of filming with a contract is simply too great to justify.
The general public may have a perception that porn sets are high-dollar environments where lots of money is being thrown around, and stars are being paid exorbitant rates. There may be a perception that these notary costs would be negligible compared to the profit the scene will make.
However, many studios juggle multiple productions at a time, where numerous people on set must be fairly compensated and accounted for. The cost of shooting scenes responsibly is very high compared to the return on investment a studio may see, particularly for lesser known stars and smaller studios who do not bring a massive paying audience with them. This ecosystem operates much like your local mom and pop businesses, who stay afloat thanks to regular shoppers in the community. Adding several hundred dollars per production for a mobile notary presence would cause companies to significantly scale back their operations, which is exactly what this Alabama bill aims to do.
It also aims to de-legitimize all existing adult media on the market, as notarizing model releases is not standard practice in any entertainment sector, for good reason. All standard legally-binding model releases currently in existence are rendered unusable by this law, meaning hundreds of thousands or possibly millions of productions are now unable to be distributed to adult residents of Alabama for fear of undue liability and repercussions.
Typically when major contract laws are changed, a policy of grandfathering in existing contracts is standard to preserve sound business practices and allow for time to adapt to the new system. However, this law passed in bad faith does not aim to give companies time to adapt – its goal is to push adult companies further and further into a corner, censoring adult content and criminalizing legally consenting pleasure aids for over 5 million Alabamians.
For more information about proposed censorship laws across the country, take a look at this bill tracker from the Free Speech Coalition -> https://action.freespeechcoalition.com/age-verification-bills/
You can easily contact your state representatives to oppose censorship in your state here -> https://www.defendonlineprivacy.com/
Disclaimer: The information provided here is for general informational purposes only. REO does not provide legal advice, recommendations, or counseling. Please consult a licensed attorney if you have questions specific to your circumstances.