Despite the conviction of "Girls Gone Wild" producer Joe Francis on record-keeping-related charges – a first for the government since its recent crackdown – observers say the action is not likely to have an impact on the adult industry.
Mantra Films, which is owned by Joe Francis, pleaded guilty to charges that it failed to keep documents outlining the identity and age of performers in its videos which feature young women exposing their breasts, stripping nude and masturbating in front of a camera. He was fined $2.1 million without jail time, under the plea deal.
According to court papers distributed by the Justice Department, “Girls Gone Wild” producers admitted filming, producing and distributing sexually explicit material in 2002 and 2003 in violation of the record-keeping law, known as Section 2257 of Title 18, Part I, Chapter 110 of the United States Code.
Under Section 2257, the producer of any book, magazine, video or film is required to keep records of anyone performing sexually explicit acts after July 3, 1995, such as their name and date of birth along with documents providing proof of such information, including other names the performer has used.
But veteran producer and Elegant Angel owner, Patrick Collins, said Francis’ conviction is not likely to impact the industry which is already reeling from impromptu inspections by the FBI for record-keeping irregularities.
“The reality is that people know they need to keep proper records and if they don’t they’re insane. But people already recognize they need to do this and they’re doing it,” Collins said.
“We’re making this information available to the government, but it puts talent at risk, I think, with identity theft and even the stalking issue comes into play… I don’t think 2257 is good for the industry, frankly.”
Likewise, Mark Kulkis, president of Kick Ass Pictures, said Francis’ conviction will do little to alert industry members about possible government actions.
“People already know the stakes. I think it’s more of a wake-up call to mainstream Hollywood who should be scared,” he said.
“I just saw the (mainstream) movie Broken Flowers, and I could see there were underage kids stark naked. Is someone keeping records there?” Kulkis asked.
“My personal take is that Joe Francis is someone who invited the attention of the government and he obviously has a large ego and he invited them to come after him on a certain level… I was more surprised he didn’t get jail time. He obviously can afford to pay the fine.”
But few in the industry see Francis as a member of it, said Jordan Septo, owner of Venom Digital Media.
“He was an easy target. A lot of people knew what he was doing,” Septo said.
“When this happened, a lot of people were already worried about what the government would do so this isn’t going to impact anybody.”
Oren Cohen, owner of Tightfit Productions, knows all too well the power of the U.S. government over the industry.
“I grew up with the FBI raiding my grandfather’s (adult novelty) business,” he said.
“I think this new generation of pornographers isn’t used to feeling the long arm of the law. I just think it’s a rude awakening to a lot of guys who think porn is easy money.”
Although many have already grown weary of the prospect of an FBI inspection, LFP Video Group Creative Director Drew Rosenfeld said company owners didn’t need Francis’ conviction to be reminded that the record-keeping law needs to be adhered to.
“We’ve got a playing field with a set of guidelines and it takes a certain amount of money to comply with them, but the rules are the rules and that’s something we take very seriously.”
