model release form

Back to Basics : ID and Release Form Requirements

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In this edition : IDs and Model Release Forms

With there often being new people to the industry, or want to get into the industry, it’s never a bad time to remind people of the basics of getting started.

The plan is for a regular blog series looking at different topics that both people new should be aware of, and, it’d never hurt those established to be reminded of.

FORMS AND ID

This has been in law since 1990.  However, there was a long period where a lot wasn’t getting enforced and so a lot of people were taken by surprise when stricter regulations came out in October 2021.
These weren’t new rules, but were enforcing existing ones.

As a result of that, sites are now checking IDs and forms to make sure they’re compliant in the case of any audit.
Some people are being spot-checked on previously approved content.

WRITTEN CONTRACTS

Written Contracts, as such, aren’t needed. But there should be a clear agreement between parties which has no surprises.
If you are getting someone to sign/agree to something you should make sure they understand what they are signing/agreeing to.
If you do have a written contract, this doesn’t need to be uploaded to any platforms – however may help in any disputes.

MODEL RELEASE FORM

A model release form is required.

OnlyFans and Faphouse are amongst sites who prefer you use their own forms and can be strict on what they will accept in terms of other forms.

In general the forms should include that
– the person is aware the content is pornographic (might seem obvious, but stuff like splosh or feet pictures might not seem pornographic)
– that they consent to it’s upload to the clip sites / platforms
– that they are aware buyers can stream and/or download the content

While some sites accept electronically-signed documents, sites like ManyVids will only accept where paperwork is signed by hand.

While there has been effort to create forms which will be universally accepted, none presently are. Be very wary about anyone offering to sell you a template.

Free resources are available from the likes of Sophie Ladder but, again, familiarise yourself with the requirements of individual clip sites to make sure they meet their compliance.

ID REQUIREMENTS

ID should be government issued.  In the UK this is pretty much Driving License or Passport.
International performers may have other ID, such as national ID cards.

The ID must
– Be government issued, and show who issued it
– Have the performers photo
– Show a name and date of birth
– Be in date at the time of the shoot

You must take a photo of this which is clear and legible and does not have any of the fields obstructed.
For driving licenses and most ID cards you must take a photo of the front and back of the ID. Especially if the date of birth is on the back.
You must also take a photo of the performer holding their ID – they should be face forward.
It is good practice to also have a photo of the performer holding the model release form.

So long as the ID remains in date you only need to do this once per performer.  Each shoot day should have it’s own release forms.

2257 STATEMENT

For any content shot in the US – a 2257 Statement is also mandatory. Most US performers will already be aware of this and keep it right.

DATA PROTECTION

As ID and release forms (alongside any contracts) contain sensitive and personal information, you have a legal requirement for the taking and storage of these.   While they can be shared with the platforms who require these for compliance, they cannot be shared with other third parties.  It is also advised to stick to known/reputable websites.

Physical copies should be stored securely and only accessible by yourself (or those who would reasonably need access to them). Digital copies should be securely stored on your computer or drive, again, no one should have access who doesn’t require it.

Digital copies should not be kept on cloud storage (i.e. Google Drive, One Drive, etc).

It is acceptable to share these with an assistant if you use someone to list or manage this for you, but you are still deemed to be the data controller so therefore are responsible for any use or misuse by the assistant.

FORM EXAMPLES

Examples of different forms can be found within our members area

For non-members an example of files can be found on Sophie Ladders website