Filming - Legal Questions (Advice?)

[Oekaki-Tickles]

Hello everyone!

For those that don't know, I'm an artist that has been submitting tickling art for the past six - eight months. This is something I really enjoy, and is known throughout my chain of family and friends!

Now, I'm actually wanting to move on to Filming Tickling Clips... but I need more information in the legal side of things.

So, I've already got a really cute and sassy model that I know personally, but now I need to know one thing first:

Is tickling legally considered Porn?

1. If there's no Nudity.

2. If there is upper body Nudity.

If so, I'm out of luck, since the filming of porn is illegal outside of "One State that shall not be named". xD

If not, then I'm good to go.

Oh, and any other advice would be VERY helpful.

Thanks a bunch guys.

 

[rhiannon]

Pornography is, per definition, "the explicit depiction of sexual subject matter for the purpose of sexually exciting the viewer".

Therefore, I guess a tickling clip would be considered porn.

 

[Oekaki-Tickles]

This is true... but with all the legal technicalities seen today... I'm not sure what to think.

 

[rhiannon]

It probably all depends on how strict your judge and how good your lawyer is!

 

[JS805]

It probably all depends on how strict your judge and how good your lawyer is!

As someone who has already read over thousands of previous legal cases (I'm a law school student), I can tell you with full confidence that what she said is the ONLY answer that anyone could give. The answer you always here in law school is: "it depends"

 

[PhillyBondage]

As a film student who has studied what is and is not legal to tape I know the law on this one. For it to be considered "porn" there must be nudity. The law's definitions of porn is different then the real definition. Why can't you tape porn in your state? The main point you should be concerned with is that whatever you do its concentual and you have a signed relise. As for taping porn, if it is concentual you can do that in any state within the US. As for selling it, you do need to show proper records and relice statements, but for online sales it is legal in any state.

 

[PhillyBondage]

upper body nudity on a guy is not considered porn, but for girls it is. Leave um in a bra and its totally legal. By rhiannon's definition half the shows on tv would be considered porn

 

[rhiannon]

That is not MY definition, it's the LEGAL definition! I do not know how it gets interpreted nowadays though, and I would imagine it is different from court to court, judge to judge!

And if women being topless on film is considered porn, then just about everything that is shown on TV after 8 pm here is porn as well!

 

[PhillyBondage]

ok well the legal definition is showing nipples, genitals or as. You must have cable because i dont see topless woman after 8

 

[PhillyBondage]

well nipples on women, male nipples are fine, and cleavage is fine

 

[rhiannon]

I don't have cable, I am in Germany! We are a little more comfortable with nipples than you are!
We even have topless women in commercials!

 

[DutchTickler]

Whenever I read topics like these, I'm so happy I live in Europe

 

[rhiannon]

Yeah....we are lucky, lucky people!!

I also can't believe nipples are considered porn already! What if you have a documentation about - I don't know! - breast cancer? Beauty surgery? I can't imagine showing nipples there would be considered porn!

 

[Flatfoot]

If you're in the states, it's going to depend on your "state that shall not be named" law's definition of pornography. I'm sure you can find it online if you look. Some states are very particular about pornography, but the wording of the actual law is what can save or break you. Also, every public library has state law books in the reference section, which I think always have green covers, unless that was just North Carolina... Also, there's civil law versus criminal law, where it starts getting confusing. It's where you can shoot someone in self-defense, be not guilty under criminal law in court, but still get civil action against you from the family of the "victim" because you shot their loved one, but I digress.

Another key thing to remember about laws, and being protected from breaking them is in the word "intent." Intent can change the entire nature of a criminal judgment. Who is to say why you're gonna film videos of women being tickled? You are, of course! Is it explicitly for sexual gratification? If that's something that can incriminate you, why SAY it? One of the most important rights a person can have is their right to remain silent. You never have to admit something and incriminate yourself. The Miranda rights protect you from legally screwing yourself by allowing you to keep your mouth shut until you get legal advice. I'm rambling, but I THINK I've stayed on topic...

 

[Soda Bobinski]

well nipples on women, male nipples are fine, and cleavage is fine

I'm sorry , but this quote taken out of context is really rather funny.

Thanks for the laugh , PhillyBondage.

 

[rhiannon]

Is it explicitly for sexual gratification? If that's something that can incriminate you, why SAY it? One of the most important rights a person can have is their right to remain silent. You never have to admit something and incriminate yourself.

Well, if the clips get sold on clips4sale, I think that says it right there without you even opening your mouth!!