Quote:
Originally Posted by Complication
Shouldn't the verification of testing be something that the participants are responsible for? As in the participants need to agree to the various acts they will and will not do with specific other participants. Being able to show a current test would be one way for one participant to allow the other participant(s) to feel comfortable. Much like what happens (or should happen) between two people that are dating before they become intimate.
Producers will find a way around the condom issue. Some will go to other states or countries. Some will reverse the arrangement so that the video is produced by the stars themselves and footage sold to the studios. It isn't illegal to have unprotected sex. It isn't illegal (yet?) to have that act filmed, hire a director to make you look good, and then sell the film rights. The difference is that you wouldn't be able to do this with everyone on the streets and non-condom porn would become a higher priced commodity.
Just my $0.02
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Almost always (Vivid and other contract girls might be exceptions?), we participants DO pay for our own AIM tests---it's been that way for the 16 years that I've been performing.
It seems like CalOSHA is the entity mandating that "employers" pay for testing, training, medical treatments, etc --perhaps that makes their case of us being employees more defendable?
At the 6/29/10 public meeting with Cal/OSHA, I asked who was my "employer" since I seldom am booked by the same studio, and don't have the same work hours or place of performing, etc---rather than them answering my questions, the Aids Healthcare Attorney cited the recent case law and made it seem like a done deal for us, i.e., no matter what we Independent Contractors feel, the contention/case law says we're employees and hence under Cal/OSHA rules:-(.
Anybody have any comments about the idea of us performers getting filmed and selling the footage to the studios? Would it be legal? Would that make us exempt from being "employees"? Would Cal/OSHA somehow still be able to "enforce" their BS regulations against us?