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The Death Of The AVS – The Birth Of The AEN (Adult Entertainment Network)
Well after a long and tedious few months of speculation, rumors and facts being presented to those of us in the adult industry working on AEN sites (Formerly known as AVS sites) it seems that Visa has put a strain on AEN companies to start re-working and, renaming their sites to fall under the ‘Adult Entertainment Network’ name. What does this mean to us as webmasters and, more importantly to the industry as a whole? This is what we shall address in this article.
A Little Visa History Lesson.
This whole mess started in October of 2002 when, jointly, CCBill, Epoch and, iBill issued a new set of operating guidelines that had been passed onto them by Visa. In effect, this meant that 3rd party credit card processors had to be re-classified as an ‘IPSP’ or ‘Internet Payment Service Provider’ this also in turn meant that webmasters needed to start paying ‘fees’ to Visa (via their IPSP) in order to continue charging their surfers for access to products and services by using Visa issued credit and / or debit cards.In addition to the initial $750 however, there is also a need to pay an ongoing fee of $375, two thirds of this fee goes directly to Visa and, the remaining balance goes to issuing banks and IPSP’s for administrative charges.
Shortly after this announcement was made the industry then got dealt another blow by the processing companies, this time, in the form of Paypal announcing they would no longer accept any adult orientated payment through their system. This went into effect on May 12th 2003 and, after initial speculations as to what could and could not be charged to Paypal accounts, it seemed to be the final nail in the coffin for some of the smaller webmasters.
However, the adult industry is strong and rallied together getting as much information as possible about alternates to both of the above situations and companies such as Stormpay and off-shore IPSP’s started to see an increase in revenues from adult payments.
As The Waves Settled – The Next Blow.
Given all of the financial troubles of the previous 10 months in respect of online adult payments the industry as a whole started to settle itself again, of course there was the usual posting on forums, conversion ratio and shaving discussions happening on the main forums as there always was but, in addition to these conversations more rumors started, this time, regarding the AVS business model.Almost as quickly as these rumors started however, they seemed to have fizzled out into nothing but a distant memory but, two months later after the first round of initial conversations on the adult industry message forums, the same AVS business model was dealt another devastating blow.
It seems Visa has its sights set on AVS (Age Verification Service / Systems) with a press release being issued first by Sex Key, then by Free Age Card, which was followed by similar announcements from Global Male Pass and Gay Passport informing adult webmasters that they had 2 days to make their current AVS sites conform to the new requirements set down by Visa.
These requirements were that.
1) Adult webmasters can no longer use the term ‘AVS’ on their sites.
2) Adult webmasters can no longer use the term ‘Adult Verification Service’ or ‘Age Verification Service’ on their sites.
3) Adult webmasters can no longer state that surfers joining up to their AVS will have ‘Access to thousands of other AVS protected sites’.As usual Adult Webmasters started to question the reasons behind this sudden and apparent change of AVS rules on almost every forum and, whilst most questions went unanswered the one thing that was answered (honestly) was that these new rules had been set down by current AVS IPSP’s who, had had these rules issued tot hem by Visa.
So, webmasters started to change out their tour page text to conform to these new rules and, for the most part, it seemed like that was all that was needed to be ‘safe’ working the AVS business model. Little did they know…
One Last Blow To The AVS Webmasters.
Several days after the initial press releases from some of the top AEN (Formerly AVS) companies was made it seems that in between all of the posting ont he boards yet another issues comes to light – That Visa is aiming to have AVS webmasters now pay a $750 fee for the benefit of being able to keep using this business model as stated by Craig Tant (Sex Key) ‘we believe is that every site will have to be registered and pay the $750.’This beleif, although somewhat vague tends to draw conclusions that, through no fault of their own, the AVS / AEN business model in the adult industry as we currently know it is changing and, changing for the worse. If webmasters are forced to pay Visa a $750 registeration fee per AEN system or per AEN site then a lot of todays industry leaders are going to come unstuck, especially those that focus solely on the AVS / AEN model for the primary source of income.
Adult Entertainment Networks – What’s Next?
This is the question that is currently being asked by many webmasters and, the truth of the matter is simply that nobody knows – Except for Visa, the next few days, weeks and months are going to be telling on the industry as a whole from what happens to current sites inside the AVS / AEN companies websites to what happens when surfers start to propagate back onto the adult internet looking for their fix of high quality porn, two things however are definitive throughout all of this, Visa is homing in on the adult industry and, every webmaster needs to be concerned about what will happen next.Article written by Lee
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Favicon.ico – What Does It Do?
Favicon.ico is the name of the graphic Internet Explorer 5+ uses in the address bar and when someone views their favorite bookmarks. There should be one beside the address of this page now if you are using IE5+. If you want to see favicon.ico in action among your favorites bookmark our site now by right clicking and selecting ‘Add to favorites’.
Internet Explorer looks for this file in the same directory as the HTML page currently being displayed, if it cant find favicon.ico it will then display the default Internet Explorer icon in the address bar. As for viewing of favorites, IE will check its temporary folder to see if favicon.ico is there again, if it is not located it will display the default white background with a blue ‘e’ icon.
For a webmaster there are three main advantages to using the favicon.ico ‘trick’.
The first, is that it helps to brand your site with a nice little icon that is easy to recognize.
The second, is that it makes your website more professional.
The third, is that your entry will stand out in surfers bookmarks over the others. This is especially good as, if you can get a surfer back to your site then you have another chance at making a sale.
Many internet users have a multitude of site bookmarks so, you need to use favicon.ico to give you an edge. I highly recommend using it and, now I’m going to tell you how.
First, you will need to create an icon file which is exactly 16 x 16 pixels. If the icon is larger or smaller IE5+ will just ignore it. As for the colors in it, 16 is standard. You can use more colors if you want but, the more colors you use, the larger the .ico file becomes and, the longer it takes to load.
You now know the standards the favicon.ico file has to be, now to actually create this file you can take one of two routes.
The first is to convert and existing 16 x 16 BMP or GIF graphic with 16-32 colors into an .ico file using converter software making sure to save it as favicon.ico.
You know the standards the favicon.ico file has to be, now to actually create favicon.ico . The easiest way of creating a favicon.ico file is to convert an existing 16 X 16 BMP or GIF graphic with 16 – 32 colors into a .ico file using converter software making sure to save it as favicon.ico.
Once you have created your favicon.ico file all you need to do is to upload it to any directory on your server that contains html pages. This way, when IE5+ searches for favicon.ico it will be bale to find it regardless of which page you are on.
That’s nearly all the areas of favicon.ico covers apart from, what if you want different icons for different parts of your website? Can this be done? The answer is yes it can. All you have to do is place the following HTML code between the <head> and </head> tags of your web page.
<LINK REL=”SHORTCUT ICON” HREF=”differenticon.ico”> (SHORTCUT ICON should be kept in uppercase).
Now when someone adds a web page with that code to their favorites, IE5+ will not look for favicon.ico but will look for differenticon.ico and if it’s there it will display it, if not the default icon will be displayed.
Using favicon.ico or the SHORTCUT ICON code is nice way to add a unique touch to your site, and of course will result in more repeat visitors than if you were not using it – which is always good for any webmaster.
Article Written By Le
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SMS Marketing To MMS Marketing – WAP Billing Solutions
MMS Billing (Multimedia Message Billing) is going to be one of the next huge leaps forward for the online industry’s, with more and more surfers firing up their cell phones to visit our sites and properties we need to start looking at the ways in which we can ultimately bill these types of customer and this is where MMS Billing comes into play.
MMS Billing – What Is It?
MMS Billing is a method of charging surfers using cell phones for access to your sites and services. Much like how the SMS Billing model works however, rather than solely billing for text or images, you can utilize MMS Billing on a wide range of rich media applications including movies, sound and, flash applications.MMS Billing – What Are The Costs?
The costs for MMS Billing can vary greatly depending on your MMS Billing provider however, as a rough guideline, you can expect to pay anywhere between $0.10 and $0.50 per purchase through the MMS Billing method.MMS Billing – An Overview.
MMS Billing is still in its infancy across the internet however, with more and more sites becoming WAP enabled and, more and more surfers turning their cell phones on to browse our websites this billing model will soon grow to what the current SMS Billing model is today.Article written by Lee
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How To Claim Back European V.A.T
With the recent legislations requiring US businesses to charge Value Added Tax to EU Member state customers for purchases of digital product / image downloads there are many new questions going around enquiring how companies and small business owners can claim the VAT back this is what we will look at in this brief article – The basics of claiming back your VAT from Europe.
What Is V.A.T?
Value Added Tax (VAT) is a consumption tax levied on goods and services in many countries across the globe. Over the last decade, legislation in the tax systems of Europe, Canada, Japan and South Korea allow for a refund for the majority of non resident entities, worldwide to a refund of VAT in most instances however, especially in the business world, registration must be achieved prior to claiming back your VAT and, preferably before the purchase of Vat able goods takes place.Who Is Entitled To A VAT Refund?
Most businesses will be entitled to receive a VAT refund however, as the laws vary from country to country, the best way for you as a business owner to find out the laws as they affect you is to contact your company accountant who, should be knowledgable enough to inform you of what you need to claim back from each of the EU member states where V.A.T has been charged.What Products Can I Claim V.A.T Refunds For?
Most typically value added tax recoverable expenses can take form as one or more of the following items:Business Property Expenses.
Transportation Costs.
Inter-company Billing.
Marketing + Promotional Services.
Exhibitions, Conferences + Business Meetings.
Importation V.A.T.
Digital Downloads (Business Related).How Do I Register For V.A.T?
When a company inside the domestic US conducts transactions in the EU countries where value added tax registrations may be required the registration for the VAT refund should be done prior to the transaction taking place however, on occasions which vary from individual EU member states this registration process may be done retroactively. By becoming registered to claim your VAT back the company is legally required to d the following:1) Register for the VAT in the EU country where the transaction takes place.
2) Account for VAT on all invoices or receipts issued to your European customers.
3) Deduct the V.A.T incurred from your European suppliers of goods or services.Value Added Tax – An Overview.
When all is said and done, other than the obvious need to increase your pricing structure for certain global markets registering for and, charging value added tax actually has a great deal of benefits. You now get to claim addition refunds from any expenses that you incur from the day to day running of your business, your promotional activities become vat’able so you can now increase the level of global marketing you do and, claim full value back from the EU member states (where applicable). basically, registering in the EU member state will enable your business to grow on a global scale and, at the same time, afford you the luxury of being able to market your goods and services to a greater client base at virtually no cost to yourself this is a good thing especially when you take a look at the growth that international internet usage is making each month.Article written by Lee
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Redirecting To A Different Page Using JavaScrip
There are times when a simple JavaScript redirection from one page to another can come in handy and, the following JavaScripting will enable you to do this.
When a page contains this javascript, it will be redirected to another page that you specify in the “window.location=”. You can change the number of refresh seconds by changing the “move()’,1000 to the number of seconds you’d like.
Example:
1000 = 1 second
2000 = 2 seconds
3000 = 3 secondsPlace this JavaScript code between the <head> and </head> tags
<script language=”JavaScript”>
<!–hide from old browsers
var time = null
function move() {
window.location = ‘http://www.yourdomain.com’
}
//–>
</script>Place this JavaScript code in your <body> tag
<body onload=”timer=setTimeout(‘move()’,1000)”>
You should now have a page that will redirect to a new url when it loads in the surfers browser window.
Article written by Lee
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Marketing to Foreign Surfers
Marketing to Foreign Surfers.
What would you do if I told you that there are 3 million plus new surfers last year that you did not market too? You probably marketed your product or adult site to those that could read English well enough to be searching with English terms. How about the growing numbers of surfers with English as their second language?According to Nielsen/Net Ratings, from September 2000 to 2001, Italy’s online population grew by 3,540,970 users: about one new user every ten seconds. Italy is just one of the non-English speaking countries that is coming online at lightening fast speed.
Are you relying on these surfers searching for your English keywords? Are you thinking that every language uses the words “porn and hardcore” and what about the finer niches like “bisexual and titties”? The best conversion is with newbie surfers just online for the first time and wanting to see adult sites and products. Those that have been around a while find out about the plethora of free porn. This means that websites do their best marketing with search engine placements of their main sites or feeder sites. If you are on your money, you are trying to work every engine for every related keyword. Now think of the keywords that you could be going for in all the worlds’ languages!
Do a bit of research in some of the common languages. If I was Italian and new to the net, the first place I would be searching is in an Italian search engine. Go to http://arianna.iol.it/ and search using the word porn and you will find 10 listings come up all in Italian. Not one is English. Even http://it.yahoo.com/ Yahoo Italia does NOT serve up your English porn site in its results.
So how do you get a piece of this pizza pie? You need at least a doorway written in Italian. You need to visit a site like http://www.adult-site-translation.com/ and find out how affordable it is for a doorway page that is put together by a foreign translator. Not only is the text for your doorway sites or even complete tours with the proper keywords but the graphics are redone where necessary. You really cannot rely on a text translator. We all have been on a site where it was obvious that the webmasters first language was NOT English and felt bad for their awkward use of words. This is not how to make a sale.
You need to be careful that you choose a professional service for your translating needs. You need to know that the translators are top notch and can not only translate your existing page/site keeping your marketing angles but they can also advise you on such things as proper wording and what a surfer from that culture would find erotic. Languages do not translate word for word. A service like Adult Site Translation has hired translators who also know how to market adult sites. They will tell you the search terms your page should be listed under and can assist you with foreign search engine optimization.
Remember the days where you were the only site in a category or niche? It was like being a pioneer and it was very lucrative. Do you want to be first to market to these growing pockets of millions of new surfers? There are new frontiers out there and finally sites like Adult Site Translation can assist you to conquer them successfully!
Article written by Susanna
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Tips For Submitting To TGP’s
One of the most popular ways for getting traffic to sites these days is to submit galleries to TGP’s and because it is so popular there is a lot of competition for getting listed. If you like, it is a buyer’s (TGP’s) market, with the supply of galleries exceeding the demand. For example, at Richard’s Realm we only list about 60% of the galleries submitted and that’s after we’ve filtered out unwanted free hosts, free email addresses and submission bots. If we didn’t do that we would be listing about 20%-30% of all submissions.
Before you begin
Submitting to TGP’s is a numbers game. It’s all about volume and percentages. The amount of money your gallery generates can be estimated using a formula with 4 elements:Total Hits To Gallery X Click Through Ratio X Signup Ratio X $ Per Signup = Total Revenue
So, for example, 1 in 25 surfers to your gallery clicks on a banner or a link, you use a sponsor paying $30 a signup and you have a 1:400 signup ratio with them from your TGP traffic. The formula then becomes:
Total Hits To Gallery X 4% X 0.25% X $30 = Total Revenue
You can see now that the only thing remaining that will affect your Total Revenue is the Total Hits To Gallery. If you increase the Total Hits To Gallery the Total Revenue will also increase.
Of course, experienced TGP submitters also know that you can work on improving the other elements of the formula to improve Total Revenue. They tweak their galleries and change banner and link placement to maximize the Click Through Ratio. If it is improved and rises from 1 in 25 (4%) to 1 in 20 (5%), their Total Revenue increases overall by 20%.
Building the gallery
Examine the formula above and you will see that two elements can be manipulated at the gallery building stage: Click Through Ratio and Signup Ratio.It is always said, and surprisingly often overlooked, but select a sponsor for a gallery which complements the gallery’s content. For example, if you build a big tits gallery use a big tits sponsor. With more and more TGP’s becoming categorized people surfing the big tits category will be looking for bit tits and are more likely to be interested in a big tits sponsor!
In addition, be sure to use sponsors which are not overly-used, sponsors which are little known. If you go through a TGP you will see the same sponsors and banners showing up all the time. If a surfer sees a banner 10 times they are only going to click on it the once. So even if you build the perfect gallery with top notch banner placement and pictures, if the surfer clicked on the same banner on the previous gallery they’re not going to click on yours!
Selecting TGP’s
There are hundreds of TGP’s you can submit to. It is usually advantageous to select TGP’s that only post your type of gallery, as well as the more generic ones. For example, submit to TGP’s which only list big tit galleries or galleries with one-legged midget lesbians (if that’s your niche). The more targeted traffic will usually result in better click-through ratios and better signups, especially if you’re using a new or little-known sponsor for the particular niche.TGP’s with a moderate level of traffic that send a few hundred hits tend to be quite good. Admittedly, to get any real volume you need to submit to quite a few, but consider using TGSW to do the bulk of it. My reasoning for using the smaller TGP’s is that they tend to list fewer pages and the surfers tend to be less “professional” and adept at dodging banners.
Submitting your gallery
There are no real tricks to this bit, but it is very important to remember that TGP’s usually get far more submissions than they need or want. You must try your best not to give them a reason to reject your gallery:- Read the rules carefully and follow them. The TGP webmaster doesn’t put them there for fun and if you break them it’s possible you will be blacklisted.
- Look at the galleries already listed on the TGP to get some idea of what the webmaster likes.
- Don’t try to be smart and use different names and email addresses to avoid the per webmaster submission limits. Although galleries can look very different, reviewers have a good memory and can often recognize designs, layouts and descriptions. If they spot you trying to cheat you’ll probably end up getting blacklisted.
- Take a look at their TGP and see what kind of description they like, Adult Buffet have very different descriptions to Richards-Realm. This might not determine whether or not you get listed, but it’s a chance to get a good description of your choice and, hopefully, more hits.
- Select the right category for your gallery. If you submit your gallery to the “Teens” category and it should be in the “Mature Women” category it will get put there or rejected. If you get the gallery listed in the wrong category you may get more hits, but if a surfer is expecting a nice young lady in the pictures he’s just going to hit his back button and look at the next gallery in the list – probably not even giving your banners a chance to load.
Monitoring your gallery
Once you’ve submitted your gallery you should keep an eye on how it performs. View the stats to see who listed you, how many hits they sent and how much you made from the gallery. It is even worthwhile to create galleries dedicated to specific TGP’s, so you can monitor their performance even more closely. If a TGP sends lots of hits but no signups it’s probably worth no longer submitting to them or changing the gallery to see if you can improve the click throughs or signups. Compare before and after stats if you make changes in the gallery layout or sponsor to see if they’re working.Whatever you do keep tweaking and monitoring your galleries to get the best possible performance for each of the elements in the revenue formula.
Article written by Richard
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Utilizing All The Content You Use On TGP Galleries!
Utilizing All The Content You Use On TGP Galleries!
For the last few months i have been experimenting with a few new (but old, if ya see what i mean) ideas.Basically i have adapted Voltars 3x3x3 project slightly and incorporated it into the TGP/TGP2 game.
The results have given me some of the best sales ratios ever! We’re talking under 1:60 almost consistently across all sponsors!!
What you did is thus….
Design a NICE 15 pic tgp gallery in a table preferably four rows high and 5 columns across.
In the first row place one thumb in each cell (5 pics).
In the second row place one odd sized banner in the first cell and merge cells 2,3 , 4 and, 5.
In the cells you have merged place some descriptive text about the pics you are using in under two paragraphs and include a line of text where you MENTION the sponsors site name.
In row 3 place one thumb in each cell (5 pics).
in row 4 place on thumb in each cell (5 pics).
under the table place a juicy text link.
below this juicy text link leave a line or two and add a money bar (one row by three columns using a contrasting color to the background of your gallery page).
ALL pics go on html pages using the same layout as your main TGP page but, without the table included.
Repeat this process 4 times once for four different niches, saving each niche in their own sub folder for the main site i.e:url/sub folder/niche 1
url/sub folder/niche 2
url/sub folder/niche 3
url/sub folder/niche 4You should now have 4 TGP galleries using 15 pics on each in four niches (60 pics in total).
At the top of each of these main pages place a three cell one row table.
in this table use text links to describe each niche i.e:
Teen
Gay
Lesbian
Maturein the template for the teen niche you use text for the gay, lesbian and, mature templates and link these to the appropriate TGP template.
This is where the fun begins…..
Take all four TGP niche galleries you have just made and do the following….
Delete the first row of cells (including pics) on all TGP galleries and save the new page layout in another folder using the same navigation structure as the original ie:
url/sub folder 2/niche1
url/sub folder 2/niche2
etc
etcYou should now have the following:
four TGP templates consisting of 15 pics each.
four TGP templates consisting of 10 pics each.Again, link these new 10 pic templates to each other in the same way as you did the 15 pic templates.
Repeat this procedure to make the 10 pic TGP page using the original TGP page BUT, this time, delete the bottom row of cells.
You now have the following:
4 niche 15 pic TGP pages
4 niche 10 pic TGP pages
ANOTHER 4 niche 10 pic TGP pagesStill with me?
Its gets better….
Take your original 15 pic TGP template and do the following…
Delete the first and the third row of cells including all the pics and save them in ANOTHER folder using the same structure as before i.e:
url/sub folder 3/niche 1
url/ sub folder 3/niche 2
etc
etcAgain link these in the same way as before using the text links at the top of the pages.
What do you have now?
4 TGP pages using 15 pics
8 TGP pages using 10 pics
4 TGP2 pages using 5 picsCan you guess what’s next?
Take that original template again and…
Remove the first and fourth row of cells do the same when you save it as you have done above…
What do you have?
4 TGP pages using 15 pics
8 TGP pages using 10 pics
8 TGP2 pages using 5 picsDo it once more using the original templates but removing the final set of 2 rows of cells you now have…
4 TGP pages using 15 pics
8 TGP pages using 10 pics
16 TGP2 pages using 5 picsIn the root of the domain where you are going to upload these pages do the following…
Create a simplistic warning page… link this to a multi site FPA… this multi site FPA links to each of the niche (15 pic) TGP templates you have made.
On this same fpa place an email erotica collection box, banner exchange code and a toplist counter code along with an exit console going to a MC POTD program.
Now, what you need to do is start submitting these pages to the TGP/TGP2’s submit one a day or as many as you can until you have submitted them all.
Ok still here?
Next you have to duplicate ALL of the above again.
Place the duplicate of the above into a separate set of folders/sub domains etc.
On the new root you have created, link to another multi site FPA AND the first root index.html page.
You now have the makings of an EXCLUSIVE 3x3x3 TGP hub which, you can leave alone and submit all of the pages intermittently to any TGP/TGP2 you wish for LIFE!!
All the time you are adding new sections to it and building your link pop in the search engines because you are continually interlinking to each of the separate niche and relevant sub niche folders.
Of course, you NEED to get the meta’s sorted on the first main template for this to work but, if you change all subsequent meta descriptions etc you’ll have a very reasonable listing in Google for the relevant search terms
Article written by Lee
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Sample Adult Model Release Form
For many webmasters the option of being able to shoot their own content is a wholly viable one as such, you should ensure that the models you are using sign a suitable release form. Below we have set together a pretty industry standard model release form which you may duplicate if you so wish. European Webmasters would however, recommend that you get professional legal advice in respect of this matter and that this is no substitution for proper legal advice.
I, (Please Print) ____________________ (Model), for good and valuable consideration, the receipt of which is acknowledged, give to [INSERT YOUR LEGAL NAME HERE] (Photographer), his legal representatives, successors, and all persons or corporations acting with his permission, unrestricted permission to copyright and/or use, and/or publish photographic portraits or pictures of me, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which I may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, made through any media in his studio or elsewhere for art, or any other lawful purpose.
I hereby waive any right that I may have to inspect and approve the finished product or copy that may be used in connection with an image that the Photographer has taken of me, or the use to which it may be applied.
I further release the Photographer, or others for whom he is acting, from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and indignity.
I acknowledge that the photography session was conducted in a completely proper and highly professional manner, and this release was willingly signed at its termination.
I certify that I am not a minor under the laws where I live, and am free and able to give such consent.
Model’s signature:_________________________ day___/month___/year_____ Address:___________________________________ City:______________________________________ State/Province:______________________________ Country:___________________________________
Zip/Postal Code:_____________________________
Country area code and home telephone number:(______)____________________________
Witness (non family member):___________________________________
Witness (non family member):___________________________________
This form will be retained with the negatives, transparencies, digital media, and/or contact sheets. day___/month___/year_____ {INSERT YOUR LEGAL NAME HERE}.The above model release form is to be used as a mere example form and, when entering into any contractual agreement with any model for photographic / video work you should always seek proper legal advice.
Article written by Lee.
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Obscenity – Put It To The Test
Regardless of how long any of us have been an adult webmaster we all need to be
aware of obscenity laws and, in particular how they affect our businesses
whether we think a hardcore photoset is ‘obscene’ or not ultimately, if you get
taken to court on obscenity charges the one thing you should be aware of is how
the courts will decide whether the images you are using will be classified as
obscene or not.Testing Obscenity – The Miller Test.
The Miller test was developed in the 1973 court case of Miller vs. California
and in comprises of three parts ALL of which MUST be satisfied on order for
something to be deemed obscene by the courts. The Miller test is the ‘official’
method used by the United States Supreme Court for determining whether an
expression or a speech can be determined as obscene and, if deemed obscene, it
is not protected under the First Amendment and is therefore prohibited by law.The Miller Test – Part One.
Part one of The Miller Test states something may be obscene if ‘the average
person, applying contemporary adult community standards, would find that the
work, taken as a whole, appeals to the prurient interest’ In essence, this
means that if the ‘average’ person on a jury or on the bench finds the work to
be deemed obscene then, it is. However for the court to rule something as
obscene it also has to be deemed obscene by the standards set in part two and
part three below.The Miller Test – Part Two.
Part two of The Miller Test states that something is potentially obscene is
‘the average person, applying contemporary adult community standards, would
find that the work depicts or describes, in a patently offensive way, sexual
conduct’. Basically this is saying that if the images or speech is something
which is not practiced in a manner befitting your local community standards
then again, it may be obscene. However, as with part one of The Miller Test for
a court to find something obscene it needs to fall below the standards in part
three below.The Miller Test – Part Three.
Part three of The Miller Test states that something is potentially obscene if,
‘a reasonable person would find that the work, taken as a whole, lacks serious
literary, artistic, political, or scientific value.’ This is pretty much where
you could potentially come unstuck after all, everyone has different sexual
tastes and because of this, just because something that may be widespread such
as ‘bare backing’ (to use as an example) could potentially be considered as
obscene if you happen to have a jury who are devout practicers of safe sex.The Miller Test – Overview.
In essence The Miller Test is a useful guideline for webmasters when it comes
to operating our sites and specifically, when it comes to choosing the types of
content we utilize on them however, for the most part The Miller Test itself is
outdated. Since the early 70’s when this test was devised there have been many
sexual practices that were once deemed obscene that have become more a part of
everyday life and accepted in to society as whole thus, what once would (or
could) have been deemed obscene would no longer be in the same sense as
something that may be deemed obscene today could be found not to be in 5 years
time.Article written by Lee
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