There’s been an uptick in casual conversations about filming and in inquiries. Some clients want to capture the moment “just for themselves.” Others talk about being a "stunt dick" for clips to OnlyFans or sites based abroad, thinking that geography or discretion makes it okay. So let’s clear this up:
No matter the country, platform, or level of privacy you think you’re maintaining, if there’s no signed model release, it’s not legal to share, post, or profit from the content. Here’s why:
1. 18 U.S. Code § 2257 Compliance (aka “2257 regulations”)
If you film any explicit content with the intent to share, you’re required by U.S. federal law to maintain proper age verification records and model releases. It doesn’t matter if you’re a solo creator or filming abroad, if it touches a U.S.-based audience or platform (which 99% of content will), you’re on the hook.
More here from the DOJ (https://www.justice.gov/criminal-ceos/18-usc-2257-recordkeeping-requirements-compliance)
2. Platform Terms of Service (TOS):
Major platforms like OnlyFans, ManyVids, Pornhub, and Fansly require you to submit a signed model release from every person appearing in the content even if they’re “not shown” (re: face is blurred or you can only hear their voice) or it’s “just for subscribers.” If you upload content without this, they can remove your account and, depending on the circumstances, report you.
• OnlyFans TOS (https://onlyfans.com/terms) (see Section 5 and 6)
• ManyVids Performer Agreement (https://www.manyvids.com/Content/terms/)
• Pornhub Model Program Requirements (https://help.pornhub.com/hc/en-us/articles/360036011274-Model-Verification-Process)
When a Creator films without a release, whether they are the client or the SWer:
• The Creator risks violating revenge porn laws (many states now have serious penalties).
• The Creator can be reported to platforms, banned, or even sued.
• The Creator may unintentionally expose someone, including themselves to harm, stalking, blackmail, or career-damaging leaks.
• The Creator, should they be a SWer and not a client, is putting their brand and income in jeopardy.
A few common myths:
• “We’re overseas, so we don’t need a release.” Unequivocally false. Many international platforms still follow 2257 AND/or require compliance with local consent laws.
• “I’m not showing faces.” That doesn’t make it legal.
• “It’s just for me.” That doesn’t eliminate the need for consent or documentation to protect BOTH parties.
At the end of the day, filming without proper documentation isn't just a bad look, it's a legal liability. If you're genuinely interested in creating content, approach it like a professional would: with transparency, respect, and the desire to do what's best to keep both parties safe.