Porn 101: Fetish Content – What’s Legal ?

I am often asked by producers what is legal and not legal to shoot in regards to fetish content. My usual answer is “it depends.” It depends on where you are shooting as well as what you are shooting and where the content will be distributed. For the most part, before Kink.com, fetish content did not involved sex or at least penetration. One of the last remaining “taboos” in adult entertainment was tying up someone and penetrating one or all of their orifices. Many producers to this day believe that may still be viewed as forced raped by law enforcement and worry about potential prosecution as well as obscenity charges from producing such content. While others see what Kink is doing in their productions and think that it is perfectly legal to follow to lead. That could not be farther from the truth.

Whenever I advise a particular producer or model that what they want to produce is potentially illegal or borderline illegal to produce the most often heard response I receive is “But so-and-so is doing it that way.” What most people do not understand is the vast financial differences between being Kink.com and XYZ Productions. Kink.com has the funds to pay for and defend any type of legal situation (Note: I do not represent Kink). XYZ Productions probably does not. Therefore, if Kink.com was ever prosecuted criminally or faced a lawsuit because of its content, they would have the ability to handle such a situation, whereas the little producer would be ruined an unable to defend.

Removing penetration from the equation though and fetish content actually becomes one of the best niche markets with the highest potential return on an investment. Not only is it less expensive to produce most fetish content then it is to produce traditional boy-girl, girl-girl or boy-boy content, it is also legal to produce in all 50 states, depending on the exact nature of the content.

For example, if you produce fetish content such as cake sitting, balloon popping, smoking, toe sucking, tickling, wrestling, POV humiliation, shoe worship and foot worship, as a producer you will have less to worry about in regards to potential criminal prosecution. Some fetish content requires absolutely no nudity and therefore you may not even have to maintain 2257 documentation. The vast majority of fetish content does not involve penetrative sex and therefore usually cannot be the basis of a criminal complaint for pandering or prostitution (be aware that shooting without a permit may still be a crime please check your local laws). You can literally produce certain types of fetish content anywhere. And it is often much less expensive to pay a model to pop balloons naked than it is to pay her to perform fellatio on a male performer. With the onslaught of tubesites, any type of “sex” content is easy to find for free on the Internet whereas fetish content is more specialized, harder to find for free and usually more often purchased then sex content. One of the easiest distribution methods for fetish content is on websites such as Clips4Sale.com ( http://www.Clips4Sale.com ). Not only is Clips4Sale an excellent distribution method but it can also be used as a resource tool to determine what is hot in the fetish market. You have to look no further to see what is selling on Clips4Sale to understand what may sell for you.

If you are going to produce fetish content without sex (oral, anal, vaginal or even handjobs) the possibilities are limitless as to the different niches and sub-niches you can produce. The list of all potential fetish content is too exhaustive to state in this article and I recommend that anyone looking to produce such content to choose several niches to begin with and experiment. However, once you find a particular niche or sub-niche your clients and customers may remain loyal for years to come.

Be aware that producing fetish content still has it owns potential issues. The following is a list of activities that you will want to stay away from incorporating into any of your productions as these may be considered criminal and/or obscene in some localities;

•    Underage Material Real or Simulated (ex., sex with dolls)
•    Snuff
•    Necrophilia
•    Blood
•    Asphyxiation
•    Animal Sex
•    Forced Sex
•    Non-consensual Sex
•    Hardcore Bondage with Sex
•    Vomit
•    Feces
•    Pissing/Peeing
•    Fisting
•    Chloroform
•    Weapons
•    Drugs
•    Intoxication
•    Crushing

While this list is not exhaustive as to what may or may be deemed obscene in certain localities it is a good starting point as to what may be problematic. Of course, if you are determined to produce fetish content it is strongly advised that you consult with an adult entertainment attorney BEFORE you begin any pre-production so that you may fully understand the legal ramifications as to the exact nature of the content you would like to produce.

 

 

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