Drunk Sex Content?

[gaybucks_chip]

If it were challenged, I seriously question whether a release signed when someone is sober would hold up for acts the person performed when they are drunk, if, for example, the model later states that he would never have done such a thing had he been sober.

There are certain rights that one cannot waive, and I'm not certain, but I don't see how one could grant advance approval for acts performed when one is not of sound mind.

Now... what probably *would* hold up is having them sign a release beforehand and signing a second release afterwards, when they are sober, have reviewed the content shot of them while drunk.

For myself, I don't imagine myself ever being ok with shooting that sort of content, but if I were to do so, I would insist that the model review the content the following day and then sign off (and probably have video of them reviewing their drunken behavior and approving of it.) Call me conservative, but that's the approach I'd take.

Also, you might not have legal liability, but you really don't want to get embroiled in a legal battle if a model sees himself on your site and doesn't like what he sees. If he sues, you can bet he's going to name you, along with the primary producer, and you'll end up spending a ton of money trying to get yourself removed from the legal action if it's your site that's displaying the content. Even if you get indemnity from the producer, the indemnity isn't worth shit unless the producer has the cash in hand to pay your legal fees, and most producers I know of that would be willing to shoot this sort of stuff aren't exactly rolling in money.

[nickbaer]

I never belittle my models.

No drunks, no broke straight guys, no guys gone wild...

[Jeff@UKSLads]

If it were challenged, I seriously question whether a release signed when someone is sober would hold up for acts the person performed when they are drunk, if, for example, the model later states that he would never have done such a thing had he been sober.

There are certain rights that one cannot waive, and I'm not certain, but I don't see how one could grant advance approval for acts performed when one is not of sound mind.

Now... what probably *would* hold up is having them sign a release beforehand and signing a second release afterwards, when they are sober, have reviewed the content shot of them while drunk.

For myself, I don't imagine myself ever being ok with shooting that sort of content, but if I were to do so, I would insist that the model review the content the following day and then sign off (and probably have video of them reviewing their drunken behavior and approving of it.) Call me conservative, but that's the approach I'd take.

Also, you might not have legal liability, but you really don't want to get embroiled in a legal battle if a model sees himself on your site and doesn't like what he sees. If he sues, you can bet he's going to name you, along with the primary producer, and you'll end up spending a ton of money trying to get yourself removed from the legal action if it's your site that's displaying the content. Even if you get indemnity from the producer, the indemnity isn't worth shit unless the producer has the cash in hand to pay your legal fees, and most producers I know of that would be willing to shoot this sort of stuff aren't exactly rolling in money.

Great points Chip. The legalities could get pretty messy indeed.

[StunnerJesse]

Hasn't GGW been sued multiple times because the girls claim they were too drunk -- even though they signed the releases?

Even if you have them on film saying they are not drunk -- and there is drinking in the video, someone with some balls could come back and say that you indeed did get them drunk before they signed that release.

If you condone something, in this case drinking, then your defenses pretty much go out of the window. It's hard to argue in the court of law that it's a legitimate business when the talent is clearly inebriated. Too much mixing business with pleasure, IMHO. (yes, I know that's ironic considering what porn is, but still...)

It may be a niche to the content producer and the surfer, but the courts will probably see it as coercion.

All it takes is one [frivolous] lawsuit and all of your profits [and more] can be quickly washed away.

[Rich]

i think if it is done responsibly it will be fine but you need to make sure that the guy you are using for the movies is going to make sure everything is above bord

[tim460]

Some observations (take them or leave them) on this thread.

You're obviously very excited about pursuing this idea. It's not surprising you already have specific, creative ideas about how to execute this, such as not being able to get hard for an effect of realism. If you feel this strongly about it, creativity can lead to incredible things, not to mention attracting a following of like-minded consumers who may really respond to your ideas. Including people who had no idea they'd find this erotic.

On the other hand, this content raises red flags all from the get go. You never know, maybe it'd be smooth sailing, especially at first. Ultimately, the serious risks already described by more experienced webmasters than I really can't be ignored. To be honest, it seems not only terribly risky and possibly dangerous business-wise, but also to the models.

Seems what it boils down to is if anyone is being hurt, and how and who is ultimately going to have the power to define this.

Personally, I wouldn't go near it period. Of course, it is completely your call.

[GPallan]

i don't think i need to reiterate what everyone else has said wrt the risks involved with getting models drunk on an adult shoot...the main one in my opinion being that under the influence of alcohol, a model could claim that they engaged in acts that they would not have done otherwise.

having said that, i think the concept is really hot! God knows i've had some of the hottest sexual experience while drunk and I think many would agree. so why not go ahead with the concept but fake it? there are tons of sites out there who claim things that we all know are not true…but the fantasy of it is just as hot! I think a guy getting fucked while drinking a Bud and claiming that he’s drunk is enough to establish the fantasy...i'd never know if he was really drunk or not either way

[DrChango]

i don't think i need to reiterate what everyone else has said wrt the risks involved with getting models drunk on an adult shoot...the main one in my opinion being that under the influence of alcohol, a model could claim that they engaged in acts that they would not have done otherwise.

having said that, i think the concept is really hot! God knows i've had some of the hottest sexual experience while drunk and I think many would agree. so why not go ahead with the concept but fake it? there are tons of sites out there who claim things that we all know are not true…but the fantasy of it is just as hot! I think a guy getting fucked while drinking a Bud and claiming that he’s drunk is enough to establish the fantasy...i'd never know if he was really drunk or not either way

Exactly.

Look at some of our sites (some of our top performers amongst them) that are "his first this" "her first that"...the members have often seen the models before on other sites and know it is staged, but it's all about the presentation and the fantasy.
It's like the idea of "suspending disbelief" when going to the theater. We know full well Christian Bale isn't fighting crime in a bat costume, but he sells it. You just need to get a surfer to suspend disbelief for twenty minutes, not two hours =)

[Squirt]

I was advised via counsel to shoot the models for SleepingMen before the shoot, showing their ID and stating that they were doing a somnophilia video and going through the scenario step by step.

It would make sense that the same precautions be taken for a drunk sex content site, though I'm not an attorney. :balls:

[tim460]

I was advised via counsel to shoot the models for SleepingMen before the shoot, showing their ID and stating that they were doing a somnophilia video and going through the scenario step by step.

It would make sense that the same precautions be taken for a drunk sex content site, though I'm not an attorney. :balls:

That would make a lot of sense and is sort of along the lines of the following. (Caveat: I have zero experience in filming porno.) Maybe document what is happening on the set: start shooting slightly before the scene begins (while preparing for it), through the scene, and continue shortly after it's over. A documentation of how the incoherent collapsed drunk got up and spoke completely sober after the shoot would clearly show what is real verses acting.

[Squirt]

Indeed there really is no arguing consent when the model is shown before the shoot, describing in their own words, what is about to happen

That would make a lot of sense and is sort of along the lines of the following. (Caveat: I have zero experience in filming porno.) Maybe document what is happening on the set: start shooting slightly before the scene begins (while preparing for it), through the scene, and continue shortly after it's over. A documentation of how the incoherent collapsed drunk got up and spoke completely sober after the shoot would clearly show what is real verses acting.

[GPallan]

that is the minimum any content producer should do. however, that still doesn't stop the model from arguing that after the shooting began, they were "made" to do things that they were not comfortable doing or that they later regretted. so adding alcohol to the equation can only make things worse

allan

Indeed there really is no arguing consent when the model is shown before the shoot, describing in their own words, what is about to happen

[DrChango]

A lot of BDSM sites do "post interviews" with the sub, not a bad idea :donmike:

[Squirt]

Perhaps pre and post interviews would suffice in this instance?

A lot of BDSM sites do "post interviews" with the sub, not a bad idea :donmike: