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Originally Posted by pornlaw
More than LE issues are the issues having to do with whether your model releases can be enforced in a court in AZ. If a model were to challenge your release you might quickly learn that a court will void the release and the model can then seek profits from your site as though you never had a release.
You might want to read this article published in the Georgetown Law Journal a couple of years ago. Its a great analysis of how difficult it is to enforce these types of contracts outside of California...
http://www.georgetownlawjournal.com/...den%5B1%5D.pdf |
From that Georgetown Law Journal article: "If such agreements are not enforceable, an industry of immense economic value to California must be legally sacrificed for the sake of doctrinal consistency."
Likewise, if CAL/OSHA manages to chase porn production out of the state, California will be giving up the "immense economic value" of the porn biz, and also incurring significant costs when the newly terminated porn workers apply for unemployment or some other kind of assistance. And in the middle of a recession and budget shortfalls too.
Mandating condom use in adult movies will close down the porn industry in California. Can the state afford to lose the revenue the business brings?