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Journal of Teacher Education

Camgirl Laws and Legal Issues To Know About

Camgirl Laws and Legal Issues To Know About

Postby Addas F. Addas » September 13th, 2020, 9:02 am

It Is Legal To Be A Camgirl In The USA
The first thing people wonder is whether or not it’s legal to be a camgirl in the United States of America. It is. With other countries there are restrictions and it varies from country to country. The Middle East and Asia are the regions with the most restrictions on porn and the adult industry. Although camming is completely legal, there’s laws to be aware about. These laws range from taxes to standards camming models must comply with, and we go over all of them below.



2257 Compliance (Record Keeping Requirements)
The most important laws to know about is the 2257 Compliance Record Keeping Requirements. These laws lay out the age verification process and how each producer or website must document their performers and scenes. 2257 is the reason why all the camming or clip sites will require you to submit an ID for age verification. This is true for producers if you’re planning on doing mainstream shoots.

2257 vs Child Porn Laws: It’s important to realize that 2257 isn’t the same as child porn laws. Even if everyone in a scene is over the age of eighteen, but the scene isn’t 2257 Compliant, there’s still legal liability due to not keeping the proper documentation on file. It’s important to realize that if a minor is found to be in a scene or show, there could be child porn charges stacked up on top of the 2257 Compliance violations.

FSC Getting 2257 Declared Unconstitutional: The Free Speech Coalition, an adult-industry association, is currently in the process of getting 2257 declared unconstitutional and the federal judges are on their side in the matter. Even though this is a huge victory for the industry (2257 is outdated as it was written back in the magazine and DVD days) that doesn’t mean people don’t need to be compliant. The standards are a good best practice to ensure everyone you’re performing with is of the legal age, as the child porn laws still apply.

Bottom Line: Be Compliant and Keep IDs On File: Regardless of the future of 2257 Compliance, it’s the best practice and industry standard. Even if the laws get declared unconstitutional, there will be new standards put in place. It’s also the best practice and easy standards to stay compliant with. Bottom line: You want to make sure everyone featured with you is over the age of eighteen and you want the documentation to be able to prove it.

Camming Sites Take Care of 2257 Compliance: If you’re performing on a camming site, the camming site will handle all the 2257 Compliance. This is why they require you to submit your ID when signing up to the site. Clip sites are kind of a different ballgame. They’ll verify you, but many allow clips featuring a partner without requiring that they get verified with the network as well. When this is the case, the burden of 2257 Compliance is on you. This is why basic knowledge of the law is very important.



Tax Laws: W-9’s, 1099-MISC’s and VAT’s
If you’re performing on camera, whether it’s camming or clips, all the income generated is taxable. If you’re in the adult industry, you are a private contractor and not an employee. Because of this, there will be no taxes withheld from your paycheck, and you are responsible for saving money for when tax time comes along.

EIN vs SSN: When registering for a site, they’ll either prompt you for an SSN (Social Security Number) or EIN (Employer Identification Number). If you’re an individual you’ll submit an SSN. If you file for a company, you’ll provide an EIN, which is assigned by the IRS. We’ll go more over filing a business later on in this post. Some networks might prompt you for a VAT instead of an EIN or SSN. This is for European taxes and we’ll go over this in the section below.

VAT (Value Added Tax): The VAT or “Value Added Tax” is a European thing. If a company is prompting you for a VAT and does not ask for an EIN or SSN, that means that you’re not going to receive a 1099 from them. This doesn’t mean that you don’t have to pay taxes on that income. Federal law requires you to report all income, regardless of whether or not you get 1099’d.

Tax Write-Offs: As an independent contractor or company, your business expenses are a tax write-off. This can include things like internet, a camming room, props, toys and other items, web hosting and more. To know what can be written off and what requirements are necessary for said write-off, it’s suggested to consult a tax professional or CPA.



Model Releases and Content Ownership
If you’re producing clips and plan on performing with a partner or doing trade shoots (shooting with other performers, where each performer gets the content to sell), model releases are very important. There are lawyers like Michael Fattorosi who have template model releases available at an affordable price. There’s also templates around, but it’s best to get one drafted by an industry lawyer to make sure it’s airtight. This prevents someone from trying to get you to take the content down or claim ownership when they have no rights.

Couple Camming / Clips (Boyfriend or Girlfriend): One of the most common scenarios where content rights and ownership comes up is with couples camming or couples clips. Performing with your boyfriend or girlfriend sounds like the easiest route to go when finding talent to perform with, but what happens during a breakup? It’s not uncommon for your significant other to request that all content containing them gets taken down. A model release can prevent this from becoming an issue, in the event that a breakup occurs.

Trade-Shoots / Collabs: trade shoots and collaborations with other models are very common and for good reasons! Not only is it an easy way to find a partner for shooting, but there’s promotional advantages as well. The two performers collaborating are able to cross-promote each other due to the collab, meaning that you can reach larger audiences through the shoots. When collaborating with other models, model releases and other agreements such as how to price the content is something that is worth discussing and getting in writing ahead of time.

Camera Person Should Sign A Release: Here’s an interesting fact: If releases are not in place, the perform who is filming the production is generally who the content ownership lands on. This might be a friend or significant other. Whoever it is, they should be signing the release, too!



Filing A Company: LLC Vs Corps
It’s possible to become a model without filing a business. Going this route, an SSN is used and the individual model is 1099’d. It’s also possible to file a business. There’s advantages of filing a business. The advantages are primarily tax-related, but there’s some other perks. For example; if the company is paying you, it can be more discrete than getting paid from all these individual companies that can easily be identified as being adult in nature. If you’re trying to be discrete with banking and other institutes, this can be a great route to go.
Addas F. Addas
NO COMPANY/INSTITUTION
 
Posts: 11

Re: Camgirl Laws and Legal Issues To Know About

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Re: Camgirl Laws and Legal Issues To Know About

Postby Riiupw F. Afrass » September 20th, 2020, 8:09 am

Hey there. I did not know that there are so many restrictions and rules in the United States regarding this profession. I thought it was legal to be a cam model. I was sure that they pay the commission and fees on the site, and otherwise, their work is legal. But now I understand that not everything is so simple. So I might have big problems? I understand correctly? Guys, where can I read more about the specifics of working as a cam model at home? Thank you all in advance.
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