LOS ANGELES—In a lengthy and comprehensive online discussion last week, attorney Corey Silverstein delivered one consistent message for adult industry performers — especially cam performers and others operating their own businesses. Protect yourself. What that means, Silverstein explained, is keeping detailed records, and if necessary, contacting a lawyer. But he also emphasized that there are no shortcuts to maintaining those crucial records.
“When I see questions like, ‘Is there an app for that,’ that’s not the way you should be looking at it,” Silverstein said in the online Night Court event. “The way you should be looking at it is, you are investing in your own product. Your product is the most important thing. When you’re a performer — doesn’t matter what you are, a cam star, solo model, it doesn’t matter — your content is everything. It’s no different than if you were a gold collector. You wouldn’t leave your gold on the front porch of your house. You’d put it in a safe.”
Silverstein, whose practice has represented adult industry clients exclusively since 2006, answered questions and dispensed his legal wisdom in the Zoom event hosted by adult industry educator and former cam performer, Nikki Night, on March 4.
The first line of protection for any performer using a cam site, clip store, or any type of platform — including social media sites such as Twitter — according to Silverstein, is to understand that specific platform’s terms of service agreement. And that isn’t as simple as it sounds.
Responding to a question from an audience member, Silverstein cautioned online sex workers to always remember that “anytime you sign up for a platform, you are using that platform at their discretion. It is not being provided by the government, so if they take it away from you, you do not have some sort of First Amendment challenge. You are subject to the terms that you agreed to.”
What are those terms? They can change at any time, often without notice, leaving sex workers frozen out even if they thought they were complying with a site’s requirements. There is, however, a way to get ahead of those sudden changes, Silverstein advised.
“One thing you should do is, when you first sign up for a platform, in those terms there will be a provision that says, ‘modification,’ or ‘amendment.’ Something like that. What you’ll see in there is how that website is going to notify you in the event of changes.”
Some sites may announce modifications to their terms of service with an email notice. Others may use some other method. But courts have ruled in recent years, according to Silverstein, that users of any site must actively agree to the terms of service — by clicking on a button or taking some similar action. Sites that fail to require active acceptance of the terms, may not be able to enforce them.
Silverstein also advised caution with other services such as payment processors and web hosting services that may discriminate against adult businesses, after another audience member asked what sex workers can do to “fight back” against those companies. The longtime adult industry lawyer’s answer was, basically, not much.
“You have to remember, payment processors, website providers, no matter how big they are, they are still private companies. They have the right to do business with whoever it is they want,” Silverstein said. “I know that sucks, and I know that is one of the worst things in the world to hear. That’s why I always encourage everyone in the adult industry to work with adult-friendly people.”
Rather than setting up a website on a server from a company that doesn’t often deal with adult content providers, “go to a company like MojoHost, where you know their predominant business is adult hosting, and you know they’re going to look out for you.”
There is no real way to “fight back” against anti-sex worker discrimination on the part of big online companies, who are free to pivck and choose their clients. “Case in point, look at Facebook,” Silverstein said. “Facebook has made it very clear that adult entertainers are not very well liked over there, and are not welcome. But they have that right, and unfortunately from a legal standpoint, there is little to nothing that can actually be done — other than writing letters to them, putting pressure on them, tweeting them, saying, ‘Hey, why am I being called out? Why won’t you allow me on there?”
The greatest area of legal vulnerability for adult performers, however, comes from themselves, and their own failure to obtain and use proper documentation prior to shooting any type of content. That documentation includes model release forms, and “2257” documents — verifying that each model in an adult shoot is at least 18 years old.
Performers staging shoots with partners and groups need to obtain those documents for everyone involved in a scene. But even performers creating only solo content need to complete and retain those forms, as well.
“You may be a solo performer today. But a week from now, two weeks, or a year from now, someone might come to you and say, ‘I want to buy your content library,’” Silverstein noted. “The first thing the big company is going to ask you for is your model releases and your 2257 record-keeping. Even if you’re a solo performer, you have to have documentation just for yourself. Because you have to prepare for a potential purchase down the line. It’s not just about protecting multiple people. It’s about protecting yourself.”
Simply filling out the form is not adequate, either, SIlverstein said. Those forms must be the right ones — written in legally correct language specific to the current era, and the performer using the forms.
“I am troubled by how many bad forms there are in this industry floating around. I have seen documents that, I swear, someone must have written it in 1982. There are some horrific forms out there. Guys, I’m telling you right now, write this down,” the attorney told the Night Court audience. “Forms are a nightmare. They are built for someone else. They are built for multiple purposes. They will not work for your specific needs. You have to build a form around you.”
Forms may be written under outdated laws, or laws that are not applicable in the region where a particular shoot takes place. “If you don’t go to me, go to your own lawyer and have a proper contract written out. Your model release documentation should be built to specifically cover you.”
Older forms may have been written in an era before social media, before tube sites, possibly even before the advent of 2257. “You’ve got to think about this before you just take up some random form,” Silverstein said.
Just as important, the lawyer creating the model release form should be one familiar with the adult industry. “Don’t just get a wills and trust lawyer to write your model release,” Silverstein warned.
Among the other advice for adult performers’ self-protection offered by Silverstein in the Night Court webinar:
- Form a corporation or other legal entity for your business — but set up that company in Delaware, or another state that does not require the owner’s real name to become public record.
- Do not enter into business relationships with customers. “Let them be your customers,” he said. “There are users out there, and they are experts at it. They are master manipulators. They are con people, and they know how to draw you in.”
- When choosing a “stage name,” make sure it bears no resemblance to your real name.
“People on the internet today are very resourceful,” Silverstein said. “Don’t make it easier for them. From the start, do things to protect yourself. Find a private lawyer to be your mouthpiece.”
Photo By Adult.Law Vimeo Screen Capture
