pornochromatic

Celebrity sex tape promotion has become pretty formulaic in the last couple of years. First, rumors of a tape are “leaked” to the media, and the star publicly denies that the tape exists. Then, the distributor (often Vivid) announces the upcoming release of the video and the star responds by angrily threatening to file a lawsuit to any media outlet that will listen. Finally, the star gives in to the “unstoppable” force of the tape and often gets openly involved in the promotion of the video so that they can make sure that the release is “handled properly.”

I’ve tried to ignore the existence of the Shauna Sand sex tape, but the success of the formula has guaranteed that I’ve seen no less than a dozen stories about it. The latest one confirming that it is indeed Shauna’s signature on the model release form giving Vivid the right to distribute the amateur porno she starred in and edited herself. Oops, I guess she forgot.

The stars of these videos always claim they were stolen or that the company releasing the movie doesn’t have the right to do it, but there are two reasons why no celebrity sex video you’ve ever seen was distributed without the star’s permission:

1. No company in its right mind would distribute a video that didn’t come with a valid model release. The Right of Publicity allows one to keep one’s image and likeness from being commercially exploited without permission or contractual compensation. The right to privacy, or the right to be left alone and not have one’s personality represented publicly without permission. (See Wikipedia)

2. The Child Protection and Obscenity Enforcement Act of 1988 (aka, 2257 Regulations) require producers of sexually explicit material to obtain proof of age for every model they shoot, and retain those records. Under this law, the distributor of the video would be considered a “secondary producer” and is legally obligated to have proof-of-age documentation (like a driver’s license or other non-publicly-available form of ID) on file for these videos even though they didn’t create the content themselves. (See Wikipedia)

The lawsuit threats and public statements decrying the “theft” of these people’s amateur sex videos are nothing more than attempts to generate publicity and sales for the movies. There’s something thrilling about watching something you’re not supposed to see, and I think the dog and pony show helps maintain the fantasy that the videos weren’t produced for commercial distribution.