California AB5 Update: Clip / Fan Club Sites Exempt
Clip Sites / Fanclubs Exempt From CA AB 5
The Adult Performers Actors Guide (APAG) Had a sit-down meeting with Lorena Gonzalez, the California State Assembly Woman who spearheaded California Assembly Bill 5, the bill aimed to combat the reclassification of independent contractors as employees. CA AB5 had a huge impact on the adult industry, causing Streamate to fire all their California camming models, as well as Cams.com firing California models. There’s been a lot of confusion as to whether or not cam companies, clip companies and professional porn studios would have to start classifying their models as employees instead of independent contractors. Although cams is still a mystery (during our podcast with APG it was stated cam companies were safe) APAG got some clarification on clips and fanclub platforms.
Clip / Fanclubs Exempt From AB5
During the meeting between Lorena Gonzalez and APAG president Alana Evans, Evans brought up the exemption for content distribution platforms such as Getty Images and iStock. Evans drew a contrast between content distribution platforms and clip sites and fanclub platforms. Gonzalez acknowledged the synergies between the two and stated that these sites would be covered under the same exemption as the other content distribution platform. Great news for clip producers within California and the site operators of said clip sites and fanclub platforms.
Gonzalez Concerned About Camming Site Percentages
The other major takeaway from the meeting between Alana Evans and Lorena Gonzalez was her concern over the percentage webcam models are being paid. According to the APAG announcement, Gonzalez listened and absorbed all the information as Evans explained exactly how the camming industry worked. This included the impact that California Assembly Bill 5 has had on the camming vertical, especially when it came to California webcam models being laid off, or required to work with 3rd party studios, which are taking an additional cut out of the marginal (on some sites) percentages the camming models are already receiving.
What this means for the future of camming models in California? That wasn’t specified in the APAG announcement. It was stated by APAG in one of our earlier podcasts that the California State Assembly was planning on giving an exemption to the camming industry.
Original Announcement From APAG:
During the afternoon today, our President Alana Evans, met with Assembly Person Lorena Gonzalez to discuss AB5 and how it impacts workers in the adult industry. Due to AB5, we have seen a shift in business practices from adult film sets, to webcam streaming platforms. As many of us work to understand what compliance looks like, who is required to follow, and how it will affect their business, performers are being affected on a mass scale. This was the focus of our conversation.
As we sat in the San Diego office of Assembly Person Gonzalez, we discussed what has changed due to AB5. We shared with Lorena the financial burden that has impacted our camming community with the loss of our independent tax status, and the inability to reclaim business expenses, while watching our percentages continue to decrease due to third party employers. We took the time to explain the intricacies of our jobs, the required investment, and the control we retain over our broadcasts. Lorena took the time to listen, learn, and understand our issues. As she heard our concerns, she had one of her own, the percentages webcam companies take from their performers.
As we brought our meeting to a close, the conversation of content providers was discussed. As Lorena’s office works to create professional exemptions, this includes content distribution providers such as istock, Getty images, etc. Because these platforms are used to distribute content created by individuals, they do not fall under AB5 jurisdiction. When we asked if this would also pertain to content websites such as Onlyfans, Clips4Sale, AVNStars, and such, we were informed this would be correct. We were pleased to confirm that content distribution websites are not required to follow AB5 as far as the content providers were concerned.
In summary, our meeting with Assembly Person Lorena Gonzalez went very well and we are thankful for the opportunity to represent our members on this important issue. We look forward to the reform bill and expect to see language that will comfort our community and restore our jobs.