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PART 4: CHAPTER 8
The pornography industry has grown considerably over the last thirty years by continually changing and expanding to appeal to new markets.[1650] In the last several decades, the industry has gone from a low yield, covert business to a highly visible multi-billion dollar industry.[1651] Over five hundred fifty million dollars of this may be attributed to retail sales in the Los Angeles area alone. [1652] The remaining billions of dollars worth of materials are distributed throughout the United States and abroad. In the 1950s, "adults only" pornographic establishments[1653] were dark and dingy stores and theatres located in the less desirable parts of urban areas.[1654] The sexrelated materials of this period generally depicted scantily-clad women in seductive poses and were not readily available to the public.[1655] The most graphic publication of this era was the Tijuana Bible, a book with illustrations of various sexual acts.[1656]
Magazines were usually produced in black and white and were grainy in quality.[1657] The photographs depicted were mostly of provocatively posed nudes.[1658] Generally, the model's pubic area was not shown in these photographs.[1659] As a result, nudist magazines were extremely popular.[1660]
The films available during this period were also of very poor technical quality.[1661] The film containers were also plain. Usually, the films did not have titles but were given numbers for identifying purposes.[1662] These films showed mostly females in "strip tease" [1663] activities.[1664]
The females depicted in the films were often partially exposed in the breast area and the males, for the most part, were fully dressed.[1665] The first of these films to be a major economic success was produced in 1959 for $24,000 and was about a man who was unable to see clothing on women.[1666] This film ultimately grossed $1,000,000.[1667]
While the above descriptions represent mainstream sexually oriented materials during the 1950's, some more explicit materials were also available. [1668] In some "adults only" pornographic outlets in major cities in the United States, sexually explicit materials depicting individuals with clearly visible pubic hairs could be purchased.[1669] Some "stag films,"[1670] mail order operations and underground connections, were the source for sexually explicit materials in which actual penetration was clearly visible.[1671]
In the 1950's the distribution of sexually oriented materials often took place on an informal basis through "trunk sales".[1672] During this time, Los Angeles had five "adults only" pornographic outlets, all of which were supplied in this way. [1673] The stores selling this material fronted as general newsstands and kept the sexually oriented materials in the back.[1674]
The early 1960's saw the emergence of sexually explicit materials into the public eye. Simulated sex acts with no exposed genitalia constituted the majority of sexually explicit materials and an exposed genital was an obscenity violation in almost any jurisdiction.[1675] Between 1960 and 1965, "adults only" pornographic outlets and theatre locations in Los Angeles alone increased from five to eighteen.[1676] These outlets were primarily located in the central and "Skid Row" sections of downtown.[1677] The "adults only" pornographic outlets were small and in some cases provided other publications in addition to the sexually explicit fare.[1678]
The "adults only" pornographic theatres also began to emerge in small vacated business locations.[1679] These premises were often rundown and conducive to lewd activity.[1680]
During the 1960s, magazine print quality improved.[1681] Magazines were generally fourcolor publications which continued to depict female nudes.[1682] Nudist magazines also remained popular.
The 1970 Commission on Obscenity and Pornography described the sexually explicit magazines of this period in detail.
"Adult" Magazines Until the Late 1960's. Court decisions overruling obscenity convictions of sexually oriented magazines have affected the market almost as profoundly as similar court decisions dealing with textual material. In 1958, the Supreme Court reversed an obscenity conviction involving two nudist magazines containing pictures clearly revealing the genitalia of men, women, and children. During the early 1960's, nudist magazines slowly broke down the practice of segregating the sexes in photographs which had been observed earlier. Publishers remained very restrained about the situations portrayed in the photos. Any scene implying sexual activity was scrupulously avoided, and body contact was allowed only in situations of a wholly non-sexual nature. Nudist magazines of the early 1960s contained numerous articles extolling nudism and portrayed nudists only at work and play.
By the mid-1960s, secondary publishers had become much bolder in pictorial nudity. Implied erotic activity became an integral part of pseudo-nudist magazines. The so-called "legitimate" nudist magazines, which attempted to reproduce candid shots of nudist camp activities, passed nearly into oblivion because they could not compete in the marketplace with magazines which copied the nudist format, but contained more erotic pictures and more attractive models. By 1967 or 1968, a whole new group of magazines featured nude females posed in a manner which emphasized their genitalia in complete detail (known in the industry as "spreader" or "split beaver" magazines). Most contained little, if any, text.
At the same time, male homosexual magazines developed along the same lines, also assisted by favorable Supreme Court decisions which overturned previous obscenity convictions. Homosexual magazines through the late 1960s consisted primarily of posed pictures of nude males. The genitals of the models, the focal points of the photographs, were flaccId. Photographs were usually of a single model, although group scenes were not unusual. There was little or no physical contact between models, and sexual activity was generally not even implied.
Relatively small quantities of fetish books and magazines were produced featuring uses of items such as rubber and leather wearing apparel, lingerie, high heeled boots, etc. Sadomasochistic depictions or descriptions of bondage, spanking, and "domination" by clubs, whips, etc. were also available in limited quantities. Sexual explicitness in these materials was usually far less than in typical "girlie" magazines. Although quite a number of titles were produced, these magazines were not a major factor in the marketplace.
Sexual Content of "Adult" Magazines 1969-1970. Through June, 1970, there have been few dramatic innovations in the sexual content of "adults only" magazines. Additional female models have been added to the photographs, and many magazines have integrated male and female models. This has led to considerable implied sexual activity in the photographs. Actual sexual activity, or arousal of the male models is seldom depicted.
Magazines aimed at male homosexuals have changed somewhat in the last year or two, and self-imposed restrictions on implied sexual activity are eroding slowly. Most homosexual magazines, however, are considerably less graphic than magazines featuring females.
Fetish magazines continue to be a rather insignificant part of the total production, and have changed relatively little from the mid1960s .[1683]
During the 1960's, the pocketbook emerged and replaced the Tijuana Bible.[1684]
While the pocketbooks were not illustrated, extremely graphic language was used in the text.[1685]
The 1970 Commission on Obscenity and Pornography described the sexually explicit paperback book of this period as follows:
"Sex Pulp" Books Until the Late 1960's. The sexual content of paperback books published for the "adults only" market has become progressively "stronger" in the past decade, primarily because of court decisions involving books such as Tropic of Cancer and Fanny Hill (See, Legal Panel Report [of the 1970 Commission]).
Until the mid-1960s, most paperback books published for the secondary market were knkown as "sex pulps". These followed a rather rigid set of ground rules: vulgar terms describing sexual acts, genitalia, excretion, etc., were not used, but rather euphemistic or symbolic language was substituted; the books consisted of a series of sexual adventures tied together by a minimal plot; sexual foreplay was described in great detail, but the mechanics of the sex act was not; and much of the sexual content was left to the imagination of the reader.
By the late 1960s, however, the "sex pulp" formula had become relatively passe. A new breed of sexually oriented secondary books came onto the market, in which all restraints upon both language and descriptions of sexual activity were eliminated. In many there was little more than a compilation of non-stop sexual activity.
Some paperback novels of the "sex pulp" type of the early 1960s are still published, probably because a portion of the market prefers less explicit material. However, the industry's criteria for "sex pulp" books has been broadened; this classification now includes any paperback which is badly written, edited, and typeset, and is apparently aimed at relatively poorly educated readers, irrespective of the degree of explicitness of its language or descriptions of sexual activity.
Wholly Textual Sex Oriented Paperback Books in the Secondary Market, 1969-1970. Virtually every English language book thought to be obscene when published, and many similar books translated into English, have been reissued by secondary publishers. The entire stockpile of "classic erotic literature" (e.g., The Kama Sutra, Frank Harris, De Sade, etc.) published over centuries has thus come onto the market. Another type of sexually oriented book has become popular in the last few years-pseudo-medical, alleged case-study analysis of graphic descriptions of sexual activity. Although such books purport to be written by medical doctors or Ph.D.s, they primarily consist of graphic descriptions of sexual activity.
As of 1970, publishers of sex-oriented, wholly textual paperback books are convinced that there are no legal restrictions on the content of any wholly textual publication. As a result, "adults only" paperback books published and sold in the United States cannot possibly be exceeded in candor, graphic description of sexual activity or use of explicit language. The overwhelming majority of these books are intended for a heterosexual male readership. Almost no such books are written for a female audience. Perhaps 10% or more are directed at the male homosexual market, and less than 5% are specifically written for any of the various fetishes.
Illustrated Paperback Books, 1969-1970. In the past two or three years, some secondary publishers have included photographs in their books. Initially, such paperbacks included photographs in which young females posed with the focus of the camera directly upon their genitalia. In 1968 and 1969, however, two additional types came onto the market which revolutionized the sexual content of illustrated paperback books. One was the illustrated "marriage manual" containing photographs of couples engaging in sexual intercourse "for an educational purpose". The most recent marriage manual of this type depicts fellatio and cunnilingus in addition to vaginal intercourse (penetration shown in detail). The second "breakthrough" occurred in 1969 with the publication of books purporting to be serious studies of censorship and pornography. These books contain illustrations ranging from Oriental and European erotic art to reproductions of "hard-core" photographs taken from Danish magazines, which graphically depict sex activities such as vaginal and anal penetration, fellatio, and cunnilingus. Following this lead, a number of publications containing "hard-core" photographs with textual commentary have been published and are in circulation in many major metropolitan areas.
To some extent, therefore, the pictorial content of a number of paperbacks published and sold in the United States has reached the level of sexual explicitness found in Danish materials. However, Danish-type "pornographic" magazines (consisting entirely of photographs of sexual activity) have yet to be published and sold openly in this country; domestic publishers apparently believe that the inclusion of text is required to provide a legal defense in the event of an obscenity prosecution.[1686]
During the 1960s, the technical quality of sexually explicit films remained poor, but the content began to change.[1687] In the early 1960s, the majority of films involved simulated sexual acts with the focus on female genitalia.[1688] By the end of the 1960s, sexually explicit films showing oral and genital copulation were more readily available.[1689] The packaging of the films also changed. The boxes were more colorful and some had a photograph on the cover depicting a scene from the film.[1690]
The 1970 Commission on Pornography and Obscenity described the sexually explicit films during this period as follows:
Between 1964 and 1968, exploitation films moved in a variety of directions. Some producers dropped all pretense of a plot and substituted nudity for a story line. Others produced "roughies," a mixture of sex and violence. Some films depicted women as aggressors (nymphomaniacs, lesbians, and prostitutes); others portrayed them as victims. A few films were self-styled "documentaries" dealing with sexual mores and aberrations. Still others were known as "kinkies" (dealing with fetishes) and "ghoulies" (minimizing nudity and maximizing violence).
In 1969, and continuing into 1970, exploitation films dealt with the same themes often found in general release motion pictures: perversion, abortion, drug addiction, wayward girls, orgies, wife-swapping, vice dens, prostitution, promiscuity, homosexuality, transvestism, frigidity, nymphomania, lesbianism, etc. Almost all of the popular movie-making formulas have been utilized as settings for presenting these themes, including westerns and historical epics, although contemporary settings are still the most widely used.
The vast majority of exploitation films are directed at the male heterosexual market. Relatively few films are produced for a male homosexual audience, but the number of these films has increased in the past year or two. A small number of theaters exclusively exhibit male homosexual films and a few exhibit such films on occasion. This market is quite small at present, and is included in the estimate for the entire exploitation film market, although "male" films are developing their own producers and theaters.
Full female nudity in exploitation films has become common in the last year or two, although male genital exposure is almost unknown except in those films directed at the male homosexual market. Sexual activity covering the entire range of heterosexual conduct leaves almost nothing to the imagination. Actual sex acts, however, are not shown, only strongly implied or simulated. Self-imposed restrictions on the use of "vulgar" language have also disappeared in many films.[1691]
During the 1960s the distribution of sexually explicit pornographic materials expanded significantly.[1692] Although "trunk sales" remained the major method of distribution, large wholesale warehouses began to emerge.[1693] The wholesalers used small storefront businesses and older commercial buildings for storage and dissemination of materials.[1694] The channels of distribution also became more complex with producers and wholesalers providing a variety of materials to outlets which now stocked several different types of sexually explicit materials.[1695]
The real proliferation of sexually explicit materials in the United States took place in the 1970s.[1696] During this period, distribution locations for sexually explicit materials in Los Angeles alone increased from eighteen to over 400.[1697]
In the 1970s, producers of sexually oriented materials depicted sexually explicit and varied acts and continuously tested the bounds of existing obscenity laws.[1698] While most of these materials consisted primarily of simulated sexual acts, materials depicting actual sexual intercourse and oral copulation were increasingly available.[1699] Sexually explicit magazines like Swedish Erotica were distributed widely and focused on depictions of actual sex acts.[1700] Most of the materials designed to appeal to paraphilias became prevalent during this period, including those showing harmful homosexual acts, sadomasochism, bondage and discipline, children and animals as well as visuals of ejaculation, urination and defecation.[1701]
Child pornography was more commonly available in the 1970s and appeared in commercially produced magazines such as Moppets and Where the Young Ones Are.[1702] Child pornography and materials with depictions of bestiality were openly available at some "adults only" pornographic outlets, [1703] sold under-the-counter in others and also available through mail-order sales. [1704]
"Adults only" pornographic theaters became more noticeable as they advertised and showed films of better technical quality.[1705] Many of the mainstream theaters went out of business in the 1970s and were purchased to show sexually explicit films.[1706] The most widely circulated of these films in the history of the industry, "Deep Throat"[1707] and "The Devil in Miss Jones," were produced and marketed during this period.
In the late 1970s, the industry expanded to include much larger "adults only" pornographic outlets, complete with peep show booths.[1708] The number of independently owned stores declined and were replaced by stores owned by producers and distributors of sexually explicit materials who wanted to enter the retail business.[1709] The companyowned "adults only" pornographic outlet became prevalent in the 1970s and has continued to dominate the retail market. [1710]
The distribution of sexually explicit materials in the 1970s became a sophisticated business.[1711] Not only were distributors investing in retail outlets, but they began to operate out of more modern facilities with some distributors constructing their own buildings to accommodate their growth.[1712]
Southern California is the production capital of the world for sexually explicit materials.[1713] At least eighty percent of the sexually explicit video tapes, eight millimeter films and sexual devices and paraphernalia that are produced in the United States are produced and distributed within Los Angeles County.[1714]
Southern California has become the center of the sexually explicit film and film-related industries for the same reasons that it is the center of the mainstream film industry: the availability of resources and the temperate climate.[1715] Processing facilities and equipment, as well as film technicians, camera operators and performers are readily accessible for local operations producing sexually explicit material.[1716]
The 1980s have seen the complete transformation of the industry into a big business with large scale distributors,[1717] theater chains,[1718] and technological advances such as home videos,[1719] subscription television,[1720] Dial-A-Porn [1721] and computer sex subscription services.[1722] Distribution locations have become large complexes operating out of modern industrial centers.[1723] The major distributors own their own buildings and have incorporated all aspects of production into their businesses.[1724]
The following portions of this chapter are devoted to an in depth discussion of the industry today. These portions describe the various sexually oriented materials and services and how and where these products and services are produced and distributed.
It should be noted that compiling information on the production and distribution aspects of this industry was a very difficult task. Much of the detailed information is closely guarded by industry representatives and was thus unavailable to the Commission.
The average cost of producing a feature length sixteen or thirty-five millimeter [1725] sexually explicit movie for theatrical release is seventy-five thousand dollars. The costs may range from thirty to one hundred fifty thousand dollars.[1726] A sixteen millimeter film that will be marketed on video tape costs between ten and thirty thousand dollars to produce.[1727]
The sexually explicit film industry is presently in a state of transition from a theater centered base to one dominated by video tape cassettes viewed in the home.[1728] Not surprisingly, the most rapidly growing method of production is to shoot a sexually explicit movie directly on video tape.[1729] A sixty minute video can be produced in two days at a cost of between four and eight thousand dollars.[1730] A ninety minute video is often taped within three days at a cost between ten and twenty thousand dollars.[1731] The costs primarily consist of performer and crew fees.[1732]
Most sexually explicit movies begin by the producer[1733] choosing a title.[1734] The producer attempts to choose a title that will attract the customer's eye and make the movie more marketable. One current trend is to take popular general release movies and develop sexually explicit "takeoffs" based on the titles and plots of the general release movies.[1735]
After a title has been selected, the script is written to suit the title. Sometimes, however, the script has no relationship to the title.[1736] In addition, it is not uncommon for producers to use the same script for more than one movie.[1737]
Once a title is chosen and a script written, the producer finds a location at which to shoot the movie.[1738] Films may be shot in motel rooms, private homes or on sound stages.[1739] The primary consideration for the type of location used is often the budget allotted to the particular film.[1740]
After a location is selected, the producer chooses the performers.[1741] Producers sometimes contact performers through agents.[1742] The producer usually looks through the agent's book listing performers along with their photographs[1743] The producer may choose a performer on the basis of appearance alone or on the basis of previous performances.[1744] The producer may select performers by using a "cattle call," in which ten or fifteen performers are asked to appear at his location for an interview.[1745] In Los Angeles there are two agents who specialize in providing performers for sexually explicit films.[1746] The agent receives forty-five to fifty dollars a day for each performer that he provides.[1747]
The producer is looking for several things when choosing the performers. The most important factor is appearance.[1748] Producers may want performers who have certain anatomical characteristics or who look particularly youthful.[1749] The second criterion is that the performer must be able to do the sexual acts called for in the script.[1750] These acts may include sadomasochistic activities, anal sex, group sex, urination and defecation.[1751]
Female performers earn $350 to $500 per day of performance.[1752] Male performers earn $250 to $450 per day of performance.[1753] Better known "stars" of sexually explicit movies earn from $1,000 to $2,500 per day of performance.[1754] Performers may also be paid on the basis of the number and type of sex acts in which they engage.[1755] Some performers receive $250 per sex act.[1756]
As with any filming, the producer must own or rent lights, cameras and props.[1757] The necessary equipment costs five hundred to one thousand dollars per day to rent.[1758] Larger production companies usually own their own equipment.[1759]
The technicians used in sexually explicit movies also may work in the general release film industry.[1760] Others work in the sexually explicit film industry when they are unemployed or need to supplement their income. Still other technicians began and remain exclusively in the sexually explicit film industry.[1761]
When the producer is ready to begin filming, he will often contact the agent and instruct the agent to have the performers meet the producer at a designated location.[1762] The producer sometimes transports the performers to the shooting location to avoid attracting the attention of the police or others.[1763] The police often learn of sexually explicit movie shootings when a neighbor complains about activities next door.[1764] The producer may also have security personnel check for police surveillance while the shooting is in progress.[1765]
Once on site, the performers go through make-up and wardrobe, and have a script review.[1766] The script is usually minimal and is rewritten during the filming.[1767]
Dialogue scenes are usually shot in the first two or three takes.[1768] The sex scenes are usually filmed in one take.[1769] The director will usually tell the performers exactly what he wants them to do.[1770] The director will tell them which way to turn their heads and what positions to use while they engage in sexual activity.[1771]
The most important part of the movie is considered by the trade to be the male ejaculation scene.[1772] This scene is always filmed when the male's penis is outside the partner's body.[1773] The male usually ejaculates on the buttocks, breast, or face of his partner.[1774]
Still photographs may also be taken during the shooting[1775] and are used for promotional material such as fliers, film or video package covers, posters, as well as unrelated magazine layouts.[1776]
It is also common for two versions of a movie to be produced during the filming.[1777] One version contains more sexually explicit scenes than the other.[1778] The less sexually explicit film is sometimes introduced into the subscription television market.[1779]
A day's shooting may last from seven in the morning until two o'clock the following morning.[1780] During this time, the performers and crew are literally locked into the location.[1781] The meals are prepared or brought in and lunch and dinner breaks are taken on site.[1782]
At the conclusion of the shooting the performers are asked to sign a "Model Release."[1783] The performers are then paid for their work. Payment is generally made in cash.[1784] After the shooting is complete, the producer prepares a master print to be sold to the distributor.[1785]
The distributor first edits the movie and then adds the soundtrack.[1786] There are basically three types of sexually explicit films marketed: eight millimeter, sixteen millimeter and thirty-five millimeter.[1787] The eight millimeter films are usually made into loops.[1788] A "loop" is a seven to eight minute excerpt of a feature length film.[1789] A film may be purchased or viewed as several different loops such as "Swedish Erotica One to Six." "Swedish Erotica Two" is actually a continuation of "Swedish Erotica One."[1790]
While eight millimeter film was a popular medium of production in the past, it is no longer widely used.[1791] One law enforcement officer estimated that by 1990, eight millimeter sexually explicit movies will be a thing of the past.[1792] This prediction was based on the fact that eight millimeter films are usually of poor technical quality, lack audio sound, and the fact that lower cost video tapes of improved technical quality are replacing eight millimeter films in peep show booths nationwide.[1793]
Most of the feature length films shown in "adults only" theaters across the country are shot on sixteen millimeter film.[1794] Sixteen millimeter is a popular medium because, through film processing technology, it can be easily converted into eight millimeter or thirty-five millimeter.[1795] Few sexually explicit films are made on thirty-five millimeter because production costs are prohibitive.[1796]
An overview of the Motion Picture Association of America's (MPAA) rating system provides an initial perspective as to the content of some sexually explicit films. The rating system was established on November 1, 1968, by the MPAA, the National Theater Owners and the International Film Importers and Distributors of America.[1797] The rating system evolved because the motion picture industry recognized that it had an obligation to the parents and children of America to provide information about its films in advance of their viewing.[1798]
The Motion Picture Association of America has established five rating categories:
Some of the language in "G" rated movies may go beyond polite conversation. The violence in these films is minimal and there are no nudity or sex scenes.[1804] In a "PG" film, there may be some profanity and violence. There are no explicit sex scenes but brief nudity may be present.[1805]
The film's use of one of the harsher sexually derived words, though only as an expletive, will require the rating board to initially issue that film at least a "PG-13" rating.[1806]
If the same sexually derived word is used in a sexually explicit context, the film will receive an "R" rating.[1807] More than one expletive in a film results in an initial "R" rating.[1808] An "R" rated film contains some explicit material relating to language, violence, nudity, sexuality, drug use, or other content.[1809] However, explicit sex is not found in "R" rated films.[1810]
No children are admitted to an "X" rated movie. "X" rated films may contain brutal or sexually related language, explicit sex or excessive and sadistic violence.[1811] A film which is not submitted for a rating by the MPAA cannot, without authorization, use any rating except "X".[1812]
Some producers of sexually explicit movies attach an "X" rating to their product without ever submitting the film to the MPAA. In the opinion of MPAA President, Jack Valenti, this is because the producers have assured themselves of the character of their movie and feel the rating is unnecessary.[1813] Moreover, many of these films are produced for the "X" rated movie consumer market.
All advertisements and publicity material must also be submitted to the MPAA for approval prior to the public release of the film.[1814] This includes, but is not limited to, newspaper, magazine, radio and television advertisements, as well as previews of coming attractions.[1815] Once a rating is determined and assigned, it must then appear on all approved advertisements.[1816] The MPAA ratings may be displayed only on versions of the film, video or advertising that are identical to the one rated by the MPAA board.[1817] Any violation of this rule will be met with "cease and desist" demands and, if necessary, legal action by the MPAA.[1818]
The scope of the rating system has recently expanded.[1819] In 1984, the fourteen major home video companies announced that the MPAA ratings given to films for theatrical release will automatically appear on video cassette and disc versions identical to the rated theater version.[1820] This agreement formalized the procedures most home video companies have used since the beginning of the industry.[1821]
Since its inception through September 30, 1985, the MPAA rating board had rated 7,036 feature films.[1822] Table 1 sets forth the number of films which have been rated in each category.
Table 1
|
Rating |
Number |
Percentage |
|
G PG PG-13** R X*** |
900 2523 60 3190 363 |
12.9 35.9 .8 45.2 5.2 |
|
* This Table covers the period from the beginning of the MPAA to September 30, 1985. ** Introduced in July, 1984. *** This number represents a small portion of films advertised as "X" rated. The remaining "X" rated films are self-designated and are not reflected in the 363 figure. |
The sexually explicit film industry has established its own structure and guidelines. The Adult Film Association of America (AFAR) represents two hundred of the producers, distributors and exhibitors of the sexually explicit film and video industries.[1823] The AFAR credo states:
John Weston, counsel to the AFAA, testified that films made with unconsenting adults and children, as well as material depicting bestiality and excrement would be considered off limits by the AFAA.[1825] Unlike the MPAA, there is presently no enforcement mechanism to ensure that the above procedures are followed.[1826]
. Independent of the rating systems, there are several steps involved in the distribution of a sexually explicit motion picture. Once a film is completed, the master print is sold to a distributor at a one hundred percent profit to the producer. The sexually explicit film distribution process is similar to that used for general release films. The sexually explicit film distributor reproduces the movie and packages it. Advertising and promotional materials are prepared by the distributor to announce the new movie. The distributor then markets the movie to wholesalers.
The wholesaler carries hundreds to thousands of titles. The quality, genre and type of film may influence the wholesale and retail prices. The retailers realize a sizeable profit for the sexually explicit films. While eight millimeter sexually explicit films are not the major influence in today's market that they were five years ago, they continue to have a large profit margin.[1827] Both general release and sexually oriented eight millimeter films are processed at the same cost, but there is a significant difference in cost at the retail level. A general release film has a four hundred percent markup as compared to an eight hundred to one thousand percent markup for the sexually oriented film.[1828] The sexually explicit eight millimeter films are mainly distributed to "adults only" pornographic outlets across the country.
At present, there are approximately twelve to twenty-four production companies involved in making sexually explicit theatrical release sixteen millimeter or thirty-five millimeter films.[1829] These films are sold to distributors who in turn sell or rent the films to "adults only" pornographic movie theaters across the country.
In 1985, approximately one hundred full length sexually explicit films were distributed to nearly seven hundred "adults only" pornographic theaters in the United States.[1830] These theaters sold an estimated two million tickets each week to their sexually explicit movies.[1831] The annual box-office receipts were estimated at five hundred million dollars.[1832]
Sexually explicit motion pictures are advertised on theater marquees and posters. These films are also advertised in sexually explicit tabloids and magazines. Many major city daily newspapers also advertise "X" rated movies alongside general release films.
John Weston, Counsel for the Adult Film Association of America, stated that the "adults only" pornographic theater business has been declining and will be virtually nonexistent by 1990.[1833] He believes this will occur for a variety of reasons. First, the theaters themselves are expensive to maintain and operate. Second, with the advent of video tape cassettes, Americans are choosing not to go out to movie theaters for their movie entertainment. Weston bases this latter statement on the fact that theater admission costs are higher than video rentals, as well as his belief that an increasing number of people would rather watch movies in the comfort of their own home.[1834] He predicts these same trends will hold true for general release movies as well.[1835]
Video cassette recorders (VCRs) were first introduced into the American market in 1975 and are now used in approximately twenty-eight percent of all American homes.[1836] It has been estimated that VCRs will be in thirty-eight percent of American homes with televisions by the end of 1986[1837] and eighty-five percent of these homes by 1995.[1838]
Most consumers initially used their VCRs for recording broadcast and cable programming that they were unable to view at its scheduled hour.[1839] In the late 1970s, "X" rated video tapes, which were retailing for over one hundred dollars, constituted over half of the pre-recorded industry sales.[1840] It was uncertain during this beginning stage of the VCR industry what consumer demand would be for purchase and sale of prerecorded tapes. It was equally uncertain what type of programming, aside from "X" rated films, would appeal to the public.[1841]
As evidenced in the following Table prepared by the Video Software Dealers Association, a wide range of video programming is consumed by the public.
Table 2[1842]
|
Type |
Percent Of Market |
|
Action/Adventure Science Fiction Adult Children's Comedy Drama Horror Music Video How-To Foreign |
25.2% 19.6% 13.0% 10.4% 8.8% 8.6% 8.0% 2.9% 2.7% 0.8% |
The thirteen percent of the video market identified by the industry as "Adult" excludes most of the sexually violent material that the Commission found to be the most harmful form of sexually explicit material. The categories labeled "Action/Adventure," "Science Fiction;' and "Horror," which together comprise more than half the market, include many films that contain scenes of rape, sexual homicide, and other forms of sexual violence. The harmfulness of these materials is not lessened by the fact that the breasts and genitals are covered in some scenes, nor the fact that these films are not given an "X" rating by the Motion Picture Association of America, nor the fact that the industry does not consider them "Adult" materials. Indeed, all of these features increase the availability of these materials to minors. Moreover, the "music video" category, which includes many sexually violent depictions, is specifically marketed to young people.
The sexually explicit pre-recorded video tape industry has provided a new means of growth for the sexually explicit film market.[1843] Sexually explicit films were first put on video tape around 1977, a year before general release features appeared on the home video market.[1844] Presently, seventy-five percent of the sexually explicit videos are being made by independent producers.[1845] Of the forty-five identified major producers in the United States, thirty-nine are located in Los Angeles.[1846]
There are thousands of different video titles currently on the market.[1847] Adult Video News, a publication about sexually explicit videos, estimates that 1,700 new sexually explicit videos were released in 1985.[1848] It projects this high growth trend will continue.[1849]
While the steps necessary to produce a sexually explicit movie on video are basically the same as for a film,[1850] producers are making more movies available on video primarily for three reasons.[1851] First, the cost of producing a movie on video is substantially less than shooting the same movie on film. Producing a movie on film is expensive because of the high costs of film and equipment.[1852] The average cost of making a sixty to ninety minute feature length movie on film is seventy-five thousand dollars.[1853] The same movie shot directly on video tape costs between $4,000 and $20,000.[1854]
Second, those productions made on video tape can be viewed immediately.[1855] In the film industry, there is a necessary time delay while the film is being processed.[1856] If, after processing, more filming is needed, the entire production operation including crew and performers must be reconvened.[1857] Finally, it may take several weeks to edit a film. Video tapes can be edited by computer in a matter of days.[1858]
When the producer has completed the video, it is ready to be sold to a distributor. The producer often sells his film at a one hundred percent profit.[1859] Generally, if it costs a producer fifteen thousand dollars to make a ninety minute video, he will sell it to a distributor for twenty-five to thirty thousand dollars.[1860]
The distribution network for sexually explicit video tape cassettes is similar to that for sexually explicit films. Once the distributor receives the video tape, he duplicates it. The master tape is used to produce thousands of video tapes in order to supply the thousands of "adults only" pornographic outlets and general video tape retailers across the country.[1861] The distributor also packages the video tape and prepares his advertising and promotional material. The cost to the distributor for the purchase, reproduction, packaging and advertising of a video tape is on average between eight and fifteen dollars.[1862] The distributor then sells the video tape to a wholesaler for about thirty-one dollars.[1863] Generally, the distributor's profit margin is between one hundred percent and four hundred percent for a video tape.[1864]
Recently, the major sexually explicit film distributors have rapidly entered the national video tape market.[1865] Some of these distributors have completely discontinued eight millimeter films and are focusing on video tape distribution.[1866] This is not surprising in light of the fact that the sexually explicit video industry's profits are in the hundreds of millions of dollars annually.[1867]
The wholesalers sell the video tapes to retailers across the country. Each wholesaler may carry thousands of titles from different distributors and sell the video tapes to retailers at a two to six dollar profit.[1868]
Many times the distributor and the wholesaler are one and the same.[1869] Sometimes, the producer, distributor and wholesaler are the same individual or corporation.[1870]
It has been estimated that there are at least twenty thousand home video retail outlets nationwide.[1871] Many general convenience stores now carry pre-recorded cassettes for sale or rental.[1872]
More specifically, it has been estimated that in 1985 there were approximately nineteen thousand video specialty stores in the United States. A video specialty store is a retail outlet which derives more than fifty-one percent of its gross revenues from the sale or rental of video products.[1873] It has also been estimated that in the United States there will be approximately twenty-four thousand video specialty stores in 1986 and twenty-seven thousand in 1987.[1874]
Sexually explicit video tapes can be purchased in "adults only" pornographic outlets as well as a significant number of general video retail outlets.[1875] One source estimated that at least twelve thousand of the over twenty thousand general video retail outlets across the United States distribute sexually explicit video tapes.[1876]
Once the tapes are in the stores, they are either rented or sold.[1877] In 1985 it was estimated that one in five pre-recorded video tapes was purchased .[1878] The average price of all pre-recorded video tapes was forty-two dollars,[1879] while the average price of sexually explicit video tapes ranged from sixty to eighty dollars.[1880] The sexually explicit video tapes also rented for between four and seven dollars a day.[1881] The retailers of these sexually explicit video tapes often realize a profit of twenty-three to twenty-eight dollars on each video tape sold.[1882]
The proportion of sales to rentals is expected to increase as the price of prerecorded video tapes declines.[1883] In 1985, at the retail level there were approximately $3.5 billion in sales of pre-recorded video tapes as compared to approximately $3.8 billion spent on theater tickets.[1884] An estimated eighty percent of the $3.5 billion spent on prerecorded video tapes was on general release movie programming.[1885]
It has also been estimated that VCR playback will account for twenty-five percent of total television set usage in 1995.[1886] In evening prime time hours in 1995, VCR playback may command seventeen percent of total television set usage.[1887]
The Video Software Dealers Association (VSDA)[1888] conducted a survey of its members on September 6, 1985 regarding the retail of "adult" video tapes. Table 3 is a reproduction of the survey the VSDA sent to the Commission.
Sexually explicit video tapes are advertised on posters inside "adults only" pornographic outlets as well as trade magazines such as Adult Video News. These videos are also advertised in sexually explicit tabloids, magazines and paperback books. In addition, some video clubs advertise "X" rated videos in their publications and some general video retailers also advertise these sexually explicit videos.
Table 3
"Adult" Survey[1889]
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What percentage of your gross dollar volume is in "adult" product?
% of "Adult" Product % of Respondents
0-5% 13%
6-10% 23%
11-15% 25%
16-20% 19%
21-25% 8%
26-35% 11%
36-90% 1 %
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What percentage of your daily transactions are in "adult" product?
% of "Adult" Product % of Respondents
0-5% 18%
6-10% 25%
11-15% 25%
16-20% 16%
21-25% 6%
26-35% 9%
36-90% 1%
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What percentage of your total inventory is in "adult" product?
% of "Adult" Product % of Respondents
0-5% 15%
6-10% 45%
11-15% 19%
16-20% 11%
21-25% 5%
26-35% 4%
36-90% 1%
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Mainstream sexually explicit magazines have grown in number since the arrival of the first of this genre, Playboy, in 1953. These magazines generally follow a formula of sexually explicit photographs featuring primarily nude females in a variety of sexual activities interspersed with textual content that is either also sexually oriented or covers general interest topics.
The content of the April, 1986 issues of twelve of the most widely circulated of these magazines was examined and analyzed to more systematically portray this material. The magazines examined were: Cheri, Chic, Club International, Gallery, Genesis, High Society, Hustler, Oui, Penthouse, Playboy, and Swank.
To get a better understanding of the range of material available in one issue of these magazines, frequency counts were obtained of the advertising, editorial and pictorial content.
Each advertisement was counted regardless of whether it was a display or a classified advertisement. In terms of the percentage of sexually oriented advertising, the amounts ranged from 100 percent of the advertising being sex-related as was the case with Club International and High Society, to twenty percent in Penthouse and ten percent in Playboy.
Phone sex was the product/service most heavily advertised across these magazines, with forty-nine percent of the advertising featuring this service. This was followed by sexually explicit video (sixteen percent) and sexually oriented magazine (ten percent) advertisements.
Editorial content in these magazines similarly varied from being totally or almost totally sex-related (Club International had one hundred percent sex-oriented content, followed by Cheri, with ninety-four percent, Club with ninety-three percent, and High Society with ninety-one percent), to having a greater proportion of general interest topics (sixty-seven percent in Playboy and sixty percent in Penthouse were on nonsex-related topics).
Pictorial matter generally consisted of a "centerfold," other photographs of females posed alone, with other females, or with one or two males, and featured a variety of sexual activities. The most common of the acts portrayed was that of a nude female in what the jargon of the trade calls the "split beaver" shot, a shot of a female with her legs spread apart and in many instances, also spreading open her vaginal lips with her fingers. One in five of the acts portrayed in these magazines were of this variety. Nineteen percent of the activities depicted showed some type of touching or fondling, followed by oral-genital (twelve percent) and sexual activities between two women (nine percent).
In 1983, a similar content analysis was carried out on one issue of eleven of these magazines by Canadian National Commission studying sexual offenses against children.[1890] Included in this analysis were Playboy, Penthouse, Hustler, Gallery, Cheri, Playgirl, Forum, Oui, Club, Swank, and Genesis. The results showed that
In 1980, Malamuth and Spinner conducted a more specific study that analyzed the content of all Playboy and Penthouse cartoons and pictorials from 1973 through 1977.[1891] Pictorial violent sexuality was found to have increased significantly over the five years analyzed both in absolute numbers and as a percentage of the total number of pictorials. However, pictorials rated sexually violent were still a small percentage of the total pictorial material, reaching about five percent in 1977. Throughout this period, Penthouse was also found to have a greater percentage of sexually violent cartoons than Playboy (thirteen percent versus six percent).
The sexually explicit magazines which are not included in the studies discussed above and are primarily available at "adults only" pornographic outlets portray masturbation as well as group, lesbian, gay, and transvestite sexual activities. Actual anal and vaginal intercourse as well as fellatio, cunnilingus and sodomy are also prevalent.[1892] There are depictions of rape, incest, bondage and discipline, sadomasochism, urination and defecation, bestiality, and simulated sexual activity with juveniles.[1893] Additionally, they cater to every type of paraphilia which has currently been identified.[1894]
In 1982, Dietz and Evans classified 1760 heterosexual pornographic magazines according to the imagery portrayed on the cover photographs.[1895], Four shops were randomly selected from the 42nd Street district in New York City and every magazine-format publication with a female or cross-dress male on the cover was categorized. Depictions of a woman posed alone predominated these covers in 1970, according to the authors, but only constituted eleven percent of the authors' 1980 sample. Bondage and domination imagery was the most prevalent imagery (seventeen percent of the covers) while smaller proportions of material were devoted to group sexual activity (10%). The authors suggested that pornographic imagery is an unobtrusive measure of the relative prevalence of those paraphilias associated with preferences for specific types of visual imagery.
In 1985, Dietz, Harry and Hazelwood [1896] analyzed the content of nineteen detective magazines representing eighteen different titles from six publishers. The study found that covers tended to juxtapose erotic images with images of violence, bondage, and domination. Sadistic imagery accounted for twentyeight percent of the covers and women were most often shown as dominated by men. Bondage was depicted in thirty-eight percent of the covers, with all the bound subjects females.
The layout of these magazines varies. Most sexually explicit magazines are four color and usually undated. Some magazines contain all photographs and others have less photographs and a few editorials.[1897] Some magazine contents are tailored to consumers who prefer less sexually explicit material and others are produced with predominantly graphic ultimate sexual acts or specific paraphilias depicted.[1898] Advertising is generally sexually related and includes advertisements for mail order sales, sexual devices and paraphernalia, sexually explicit videos and telephone sex.[1899]
Law enforcement sources have stated that most of the production work associated with these magazines is done in-house.[1900] The models are hired, the film is shot and processed, the pictorial layout is completed and the magazine is printed all within the corporate network.[1901] They believe that this is particularly the case with two major producers of the magazines: Star Distribution, Inc., and Parliament News.[1902]
In order to determine the extent and nature of pornographic magazines available, the Commission staff conducted a survey of pornographic outlets in six major cities in the eastern United States. The results of the survey indicated that there were over 2,300 different magazine titles available in these 16 stores alone. For a further discussion of the types of magazines and other material surveyed see the discussion of specific material in Chapter 27.
Since the arrival of Playboy magazine in 1953, the market for mainstream sexually explicit magazines has expanded.[1903] The growth of these magazines was evident through the early 1980s after which time circulation appears to have declined significantly.[1904] Table Four sets forth the thirteen top-selling mainstream sexually explicit magazines audited by the A.B.C. and the average monthly circulation for each from 1975-1984.
Table 4
Top Selling Sexually Explicit Magazines Audited by the Audit Bureau of Circulation* *' Average Circulation Per Month for 1975-1984
| 1975 | 1976 | 1977 | 1978 | 1979 | 1980 | 1981 | 1982 | 1983 | 1984 | |
| Cheri | *362,572 | 395,805 | 443,034 | 409,958 | 388,497 | 360,993 | ||||
| Chic | *282,221 | 22,952 | 294,331 | 268,340 | 212,356 | 164,507 | **N/A | **N/A | ||
| Club Magazine | *255,146 | 543,010 | 738,152 | 579,648 | 529,834 | 528,192 | 539.783 | 518,463 | 486,776 | 463,605 |
| Club International | 241,761 | 254,768 | 242,152 | 217,214 | 185,532 | |||||
| Form | *318,728 | 466,295 | 637,416 | 728,028 | 805,624 | 721,233 | 581,917 | 523,163 | 500,313 | 438,132 |
| Gallery Magazine | 647,173 | 688,612 | 700,491 | 661,077 | 660,302 | 583,123 | 541,0625 | 481.186 | 484,506 | 475,321 |
| Genesis | *342,589 | 368,508 | 373,399 | 382,802 | 414,506 | 361,481 | 333,588 | 311,178 | 273,720 | 284,897 |
| High Society | *443,142 | 448,767 | 414,729 | 377,033 | 360,723 | |||||
| Hustler | 554,559 | 1,681,889 | 1,826,156 | 1,517,011 | 1,639,284 | 1,531,855 | 1,309,473 | 1,147,181 | 1,075,141 | **N/A |
| Oui | 1,276,498 | 1,166,784 | 944,737 | 882,066 | 862,488 | 780,420 | 731,166 | 480,615 | **N/A | **N/A |
| Penthouse | 3,966,109 | 4,235,021 | 4,599,903 | 4,367,094 | 4,429,911 | 5,542,910 | 4,248,554 | 4,017,853 | 3,596,758 | 3,275,677 |
| Playboy | 5,663,149 | 5,388,522 | 4,914,381 | 4,978,490 | 5,378,069 | 5,308,553 | 5,091,266 | 4,619,572 | 4,187,452 | 4,209,824 |
| Playgirl | 1,061,010 | 921,061 | 747,230 | 625,252 | 727,259 | 772,406 | 670,721 | 650,605 | 602,499 | 562,788 |
| Total | 14,084,961 | 15,450,702 | 15,841,086 | 14,984,420 | 16,104,180 | 16,479,221 | 15,406,458 | 13,981,162 | 12,189,909 | 10,617,482 |
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Of the three top selling magazines, Playboy, Penthouse and Hustler, Penthouse and Hustler experienced a significant increase in monthly circulation from 1975 to 1980. In 1975, Penthouse had a monthly circulation of 3,966,109 and in 1980 this number had risen to 4,542,910. In 1975, Hustler had a monthly circulation of 554,559 and in 1980, that figure had risen to 1,531,855. Playboy, on the other hand, experienced a slight decrease in monthly circulation between 1975 and 1980. In 1975, 5,663,149 Playboy magazines were circulated each month and in 1980 that figure had decreased to 5,308,555. However, by 1983, all had experienced a decrease in average monthly circulation; Playboy sold 4,187,452, Penthouse sold 3,596.758 and Hustler sold 1,075,141. Moreover, between 1984 and 1985 most of these magazines again experienced a significant decline in circulation.[1905]
The A.B.C.'s Magazine Publisher's Statements provide the per issue single copy and subscription prices for the magazines. In calculating a total dollar value for these thirteen magazines, we used the 1982 figures and single copy prices. 1982 was the last year that all thirteen magazines were represented by the ABC and a vast majority of these magazines are single copy sales. The dollar value of each magazine was calculated by multiplying the number of magazines sold by the per issue single copy price. In 1982, the estimated monthly sales value in the United States alone for these thirteen magazines was approximately $38,602,502.25.
Besides the thirteen magazines discussed above, it has been estimated that there are currently between fifty thousand and sixty thousand different sexually explicit magazine titles available in the United States.[1906] In fact hundreds of new titles come out each month.[1907] As discussed above, these magazines depict a variety of sexual themes and acts.[1908]
Sovereign News and Star Distributors, Inc. are major distributors of many of these magazines.[1909] These companies distribute magazines to "adults only" pornographic outlets and mail order operations across the country through a sophisticated nationwide network.[1910] In those areas of the country not serviced by Sovereign News or Star Distributors, smaller subdistributors are used to transport the magazines to "adults only" pornographic retail outlets.[1911]
At least half of the retail sales of sexually explicit magazines are made by pornographic outlets and the remainder of these magazines are sold by mail order.[1912]
The profit margin for producers and distributors of sexually explicit magazines remains high.[1913] The cost of producing both sexually explicit and non-sexually explicit magazines is similar at the processing level.[1914] The processing costs range from only sixty cents to one dollar per issue,[1915] but the profit margins are vastly different. The non-sexually explicit magazines are often marked up 240 percent from the wholesale to retail levels, while the sexually oriented publications are marked up more than four hundred to five hundred percent.[1916] Retailers in turn mark up the magazines based on consumer supply and demand.[1917] Usually the maximum markup at the retail level is one hundred percent.[1918]
Sexually explicit magazines are advertised in sexually explicit paperbacks, tabloids and other magazines. Some of the more mainstream magazines, for example Playboy, also advertise through direct mail, television and in many major city daily newspapers and magazines.
Cable television is a subscription service that first appeared in the United States in the 1940s to serve areas where broadcast television signals could not be received.[1919] The cable television industry expanded slowly until the 1970s, when the Federal Communications Commission (FCC) adopted a deregulatory philosophy to allow cable services to offer a greater number of channels and to foster program diversity.[1920] Cable subscriptions also increased when satellites were used by cable programming networks to distribute programming to local cable operators across the country.[1921] As a result of these developments, cable operators were able to offer programming from a wide variety of sources.
Today there are over sixty-five hundred cable television systems in the United States serving over forty million subscribing households.[1922] Cable television is currently available to seventy percent of the eighty-five million television households in the country.[1923]
Programs offered by cable companies are distributed to subscribers through a closed circuit wire system.[1924] The cable wire is strung along utility poles or buried in an underground conduit and enters the subscriber's home in the same way as a telephone line.[1925] This differs from broadcast television which transmits its signals through the airwaves to anyone in the vicinity with a television.[1926]
While broadcast television stations are required to be licensed by the Federal Communications Commission (FCC) cable systems are not. They operate based on a contractual agreement or franchise with a state or local government body.[1927] The Cable Communications Policy Act of 1984[1928] establishes a national policy regarding the areas of the cable television industry which are subject to federal, state and local regulation.[1929]
In addition to cable, there are several other types of television services including Satellite Master Antenna Television (SMATV), Over-the-Air Subscription Television (STV), Backyard Satellite Receiving Dishes (TVRO) and Multipoint Distribution Service (MDS).[1930]
SMATV signals are received by a large antenna and delivered to individuals in multiple unit dwellings by wire. The service is usually provided without charge to occupants of apartment buildings and to hotel and motel guests.[1931] STV signals are transmitted over the airwaves in a scrambled mode by a broadcast station. Viewers in the service area who desire the programming must rent a decoding device for their televisions.[1932] The FCC has preempted most state and local regulation of the SMATV and STV services.[1933] Backyard satellite receiving dishes (TVROs) are large antenna discs used by individuals to receive satellite transmitted programming. Often these discs are used to intercept programming that is transmitted via satellite from the cable programmers to the local cable operators.[1934] MDS signals provide one to eight channels of programming to subscribers.[1935] Subscribers must have a special antenna and signal to receive and convert the transmitted signal into a frequency compatible with a standard television.[1936] MDS is used most commonly in multiple unit dwellings and to a lesser extent in single family residences.[1937]
Individual local cable operators control what programming will be offered on their systems.[1938] One of the basic attributes of cable television is "narrowcasting" or presenting programming designed for a particular audience, such as children's programs, educational programs, "adults only" programs, and foreign language programs.[1939] Most cable systems offer a basic service package consisting of local broadcast channels and other nationally or regionally distributed channels such as Cable News Network (CNN), Christian Broadcasting Network (CBN), and the sports channel (ESPN).[1940] Cable systems usually offer at least one of the "pay television" channels such as Home Box Office (HBO), Cinemax, Showtime or the Disney Channel. These channels usually carry unedited movies without commercial interruption and are sold to subscribers on a per channel or per program basis.[1941] The subscriber pays a monthly fee for the basic service and an additional fee for the "pay television" channels.[1942]
An analysis of the various forms of television transmission discloses that most of the sexually explicit programs appear on "pay television." This programming includes movies that have been given an "R" rating by the Motion Picture Association of America (M.P.A.A.) and self-designated "triple X" films.[1943] Movies in the "R" category may depict violence, nudity, or sexuality, and contain sexually explicit or profane language.[1944] Unedited programs with these ratings are generally not shown over regular broadcast television, therefore, cable and satellite television programs often contain more sexually explicit scenes than those shown over broadcast television. The difference in fare offered over regular broadcast television and cable and satellite television is due in part to the different legal restriction placed on each. Under current law, regular broadcast television cannot offer either indecent or obscene programs. Cable and satellite programs cannot offer obscene programs, but have been permitted to show material that would meet the criteria for indecency.
Nevertheless, a significant amount of material appears on network television that qualifies as the type of sexual violence that the Commission has found to be the most harmful form of pornography. Although the sexually violent material aired on network television is probably never legally obscene the covering of breasts and genitals does not render the material any less harmful.
The Commission also recognizes that the nonviolent sexual content of network television is offensive to many Americans. Sexually suggestive and provocative attire and performances, sexual humor and innuendo, and themes of adultery, fornication, prostitution, sexual deviation, and sexual abuse are all prevalent in broadcast television and treated with varying degrees of sensitivity.
Channels which carry "R" rated programming reach in excess of 14.5 million homes over sixty-nine hundred cable and SMATV systems.[1945] Instances have been reported where movies represented as having an "R" rating were actually unrated films or even milder versions of "X" rated movies shown in "adults only" pornographic theatres throughout the country.[1946] In addition to the sexual activity, the violence depicted in "R" rated movies can also be very explicit. Many times the violence depicted is of a sexual nature.
Other "pay television" channels carry programming that is exclusively "adult oriented" or sexually explicit.[1947] One such channel began in December of 1980 and currently has over seven hundred thousand subscribers over five hundred-eighty cable television systems.[1948] The channel's sexually explicit programs are shown during the hours of 8:00 p.m. and 6:00 a.m. In addition to "R" rated movies, the channel programming includes original adult programs and unrated movies.[1949] For example, this channel has shown a version of the movie "The Opening of Misty Beethoven," which, in at least one version, has been declared legally obscene.[1950]
In addition to this channel, there are two satellite delivered networks which distribute sexually oriented programs to cable and satellite systems. One of the networks began operations in January of 1985 and delivers sexually explicit movies over both cable and satellite television. Its programs are shown between 11:00 p.m. and 4:00 a.m. over six cable systems.[1951]
Another network shows "triple X," unedited adult programming.[1952] A "triple X" rating is attached by the movie producer and generally covers the same material as the "X" rating but is meant to connote very explicit fare.[1953] This network has been in existence sine 1983 and its programs are shown to 26,400 subscribers over eleven cable and satellite systems.[1954]
There are two other potential sources of sexually explicit programming over cable: local origination and access channels. Cable industry representative Brenda Fox, testified before the Commission that the National Cable Television Association (NCTA) knows of only one system that locally originates "X" rated movies on a pay-per-view basis.[1955] However, she recognized that there may be other systems that locally originate sexually oriented programs on a per-channel or per-program basis.[1956]
In the area of leased access channels, Ms. Fox stated that the cable operators have no editorial control over the lessees' programming.[1957] For example, pursuant to federal, state and local laws, Manhattan cable is required to set aside a number of channels for use by the public on a first-come, first-served basis.[1958] The cable operator must offer the "access" channels to all applicants on a nondiscriminatory basis.[1959] This requirement has resulted in late night sexually explicit programs which are available to all cable subscribers.[1960] One program, Midnight Blue, shows sexually explicit fare over the Manhattan cable television system owned by Time, Inc. Midnight Blue is produced by Al Goldstein, publisher of Screw magazine.[1961] Ralph P. Davidson, Chairman of the Board of Time, Inc., addressed the Commission:
"Midnight Blue:" Although Midnight Blue appears on Manhattan Cable Television, a subsidiary of Time, Inc., we would like the record to be clear and unambiguous-Midnight Blue is not now nor has it ever been a program of Manhattan Cable. It is a program created locally by an unaffiliated third party which is carried on one of Manhattan Cable's commercial "access" channels.
There should be no misunderstanding-Manhattan Cable would not carry Midnight Blue in the absence of state, local and federal requirements that it do so. Manhattan Cable is required by federal, state and local law to set aside a number of channels for use by the public on a first-come, first-served basis. Further, Manhattan Cable is prevented by law from exercising any editorial control over the content of commercial access programming, unless such programming is legally "obscene." The current obscenity law in New York is based on the "community standards" criterion set forth by the United States Supreme Court in Miller. It should be noted that Manhattan Cable operates in a community (the southern half of Manhattan) which is generally regarded as among the most tolerant in the country of adult material.
As you are undoubtedly aware, Section 612(h) of the Cable Communications Policy Act of 1984 imposes responsibility for policing the content of commercial access programming on the franchising authority, which in the case of Midnight Blue is New York City. Time Inc., would welcome any Commission recommendations that would enable cable operators to exercise full editorial discretion over such access programming. We can assure you that, if this were done, Midnight Blue would be removed from Manhattan Cable.[1962]
As mentioned above, in addition to the cable-transmitted pay television channels, "X" rated and other sexually explicit movies are also available on direct satellite channels. Some of the "X" rated movies shown over satellite television[1963] include "The Opening of Misty Beethoven,"[1964] "Sex Wish," "Easy," "Talk Dirty to Me," "Vista Valley PTA," "Insatiable," "Taboo," "Insatiable II," and "The Devil in Miss Jones."[1965] Although citizen complaints about obscene programming have been filed with the Federal Communication Commission, no action has yet been taken to regulate this programming.[1966]
Cable television operators have taken some precautions regarding the showing of sexually explicit programs.[1967] Some cable programmers and operators offer detailed program guides giving specific information about the content of upcoming programs.[1968] Some provide on-screen notices or warnings before sexually explicit programs are shown.[1969] Most operators limit such programming to the late evening hours and transmit the material in a scrambled mode to ensure against inadvertent reception by nonsubscribers.[1970] Finally, all cable systems are required by federal law[1971] to provide lockboxes, upon request, for either lease or sale. This device enables a subscriber to lock out a particular channel or channels during certain periods.[1972]
In the 1920s, the Bell Telephone Company began providing recorded messages which gave the time of day and weather to its customers. The technology developed for such message services enabled Bell to provide these services at reduced costs because an operator did not have to handle the calls and give the information.[1973] Such recorded messages were called "Dial-it" services.
By the 1970s, this service had expanded and included recordings such as dial-a-joke and sports score lines.[1974] The telephone company was solely responsible for the content, distribution and advertising of the recorded messages.[1975]
In the early 1980s, the Federal Communications Commission ruled that providing information by recorded messages was a service beyond the permissible scope of the telephone companies' authority.[1976] As a result of this ruling, the entire telephone Dial-it service network was transformed.
Today, the delivery of all recorded message services involves two entities: the information provider, which is responsible for the content, distribution, and advertising of the message; and, the telephone company, which is responsible for transmitting the calls and billing the caller.[1977]
The recorded messages referred to as "Dial-A-Porn" began in 1982 after the deregulation of the Dial-it service.[1978] With the advent of telephone deregulation, some telephone companies began holding lotteries to select providers of recorded messages or Dial-it services. One provider or Dial-A-Porn Services was a winner in the lottery conducted in New York State and by February of 1983 was offering Dial-A-Porn services over three telephone lines. It had acquired the lines either through the lottery process or by leasing them from other lottery winners.[1979] While this company has become one of the leading providers of Dial-APorn services, there are now many other Dial-A-Porn providers in the market.[1980]
There are two types of Dial-A-Porn calls.1981 The first, involves the customer dialing a number and carrying on a live conversation with a paid performer on the other end of the line. The performer who answers the call will talk to the caller in terms as sexually explicit as the caller desires and may encourage him to perform sexual acts during the course of the phone conversation.[1982] The call may last up to forty-five minutes and the caller is billed on his credit card for an amount usually between fifteen and thirty dollars.[1983]
The second type of Dial-A-Porn call involves the receipt of a pre-recorded message when the caller dials the designated number.[1984] These calls are a part of the Mass Announcement Network Service (MANS) and all begin with the prefix "976."[1985] MANS recorded messages provide other information such as prayers, racetrack results, weather forecasts, sports scores, time of day, and children' stories.[1986] The caller is charged for each call to this service on his other monthly telephone bill.[1987]
The Dial-A-Porn recorded messages often consist of verbal illustrations of sex acts. These acts are frequently described by the performer as though they were actually occurring during the call with the caller and the performer was an actual participant in the acts.[1988] The acts described may include lesbian sexual activity, sodomy, rape, incest, excretory functions, bestiality, sadomasochistic abuse, and sex acts with children.[1989] One Dial-A-Porn number in California,[1990] offers the caller a choice of five "pleasures" including descriptions of sadomasochistic abuse, urination, and anal intercourse.[1991]
Dial-A-Porn recordings are now available locally in New York, Los Angeles, San Francisco, Philadelphia, Denver, Pitts burgh, Baltimore, Washington, D.C., and other major cities across the country.[1992] These services generate large numbers of calls.
Many Dial-it providers can communicate fifty-seven second messages to a maximum of 50,000 callers per hour without any caller receiving a busy signal.[1993] During one day in may of 1983, eight hundred thousand calls were placed to one sexually explicit recorded message service.[1994] In the year ending February 28, 1984, 180 million calls were made to the same numbers.[1995]
In 1984, Dial-A-Porn recordings represented forty-four percent of the twenty-seven million messages on the "976" exchanges offered by Pacific Bell.[1996] This figure dropped to twenty-seven percent in 1985, but was due to an increase in the volume of other "976" offerings.[1997]
Dial-A-Porn providers and the telephone companies realize significant revenues from the Dial-A-Porn services. When a caller is charged on his monthly telephone bill for prerecorded Dial-A-Porn messages, the provider of the message and the telephone divide the revenues according to local tariffs.[1998] The telephone company generally earns from two to nineteen cents for a one-minute call[1999] with the remainder going to the Dial-A-Porn provider.
In New York, one Dial-A-Porn provider earns two cents per call and the telephone company earns 9.4 cents.[2000] In California, Dial-A-Porn providers earn $1.26 per call while the telephone company earns seventy-four cents.[2001] In some other areas, Dial-A-Porn providers earn $1.45 per call while the telephone companies receive fifty cents.[2002] At two cents per call in New York City, one major Dial-A-Porn provider earned sixteen thousand dollars a day and a total of $3.6 million for the year ending February 28, 1984.[2003] The telephone company for the state of New York has earned as much as thirty-five thousand dollars a day from Dial-A-Porn calls.[2004] Pacific Bell estimates that their company earned twelve million from Dial-A-Porn calls between October 1984 and October 1985.[2005]
Not all Dial-A-Porn calls are local calls. Eighty percent of the calls made to Dial-A-Porn recordings provided by one major service in New York are local calls and twenty percent are long distance.[2006] A direct long distance call from Michigan to a Dial-A-Porn number in New York costs the caller fifty-eight cents per message during the day, thirty-four cents per message after five o'clock in the evening and twenty-three cents per message after eleven o'clock at night.[2007]
Telephone companies face a dilemma as a result of the rapid rise of Dial-A-Porn. The telephone companies support the MANS concept as a means of providing information to the public and earning revenues to help keep basic telephone rates down.[2008] However, they have been subjected to mounting public criticism for helping to provide sexually explicit messages to anyone who can dial the assigned number.[2009]
In response, some companies have taken legal action against Dial-A-Porn providers. For example, one telephone company has refused to offer Dial-A-Porn services at an estimated revenue loss of five hundred thousand dollars per year.[2010]
One telephone company recommended to the Commission several steps to alleviate the growing Dial-A-Porn problems. It proposed that all advertising clearly and plainly disclose the cost of the telephone call.[2011] If an individual is unaware of the charge or if a child makes an unauthorized call, the company should offer a one-time adjustment of the telephone bill to delete the charges.[2012] They also suggested that a telephone subscriber could have "976" access "blocked" from his or her lines.[2013]
The advertising of Dial-A-Porn numbers has become pervasive. In the San Francisco area, Dial-A-Porn numbers are listed in the white pages of the telephone directory under "Dial-It" and in the yellow pages under "Recorded Announcements."[2014] Listings under the San Francisco yellow pages heading include "Adult Fantasy," "Gay Phone" and "High Society."[2015]
In addition to telephone directories, the numbers are also openly advertised in sexually explicit magazines and tabloids. For example, the June 1985 issue of one leading sexually explicit magazine contained ten pages of Dial-A-Porn advertisements.[2016] Many of these publications are sold on the public streets with the Dial-A-Porn numbers openly displayed.[2017]
Dial-A-Porn numbers have also been advertised in a major California newspaper, although many newspapers have now discontinued the advertisements.[2018] In addition, Dial-A-Porn numbers are found in magazines in convenience stores and newsstands and are passed around among children and even written on walls.[2019]
Moreover, some Dial-A-Porn advertising is deceptive. Advertisements often refer to "free phone sex" or "free love" when in fact the caller is charged on their telephone bill if they make the call.[2020] This misapprehension is especially common among younger callers and minors.[2021]
The personal home computer provides individuals with an extraordinary new form of communication and information access. Providers of sexually explicit materials have taken advantage of this new technology by making computer subscription services the most recent advance in "sexually explicit communications."
In order to set up a computer information service, the information provider must have a computer facility with the capability of handling a number of incoming calls to the information service. The computers used by information providers can cost from twenty to thirty thousand dollars for a micro-computer (which can handle approximately ten calls at one time) to timeshare computers costing one hundred thousand dollars or more (which can handle significantly more calls). The basic cost of providing an information service of any type depends on the magnitude and complexity of the service offered. Computer services offering sexually explicit communications run the gamut from small bulletin board operations to large scale multifaceted services.
The types of information provided also vary. The computer services are similar to Dial-A-Porn telephone services[2022] in that some offer live conversations with an employee of the service, pre-recorded messages or an open line where individuals can communicate with other subscribers. Sexually explicit services may offer one or all of these features. Other, general information providers may offer open "adult" channels where subscribers can carry on sexually explicit conversations with others on the system.
Communicating by personal computer requires standard computer equipment. Computer communications require a personal computer (PC), a modem[2023] and access to a standard telephone line.[2024] The computer operator needs only a rudimentary knowledge of the equipment for effective communication.[2025]
The computer operator may subscribe to the services of one of many computer information firms. These firms provide access to their computer system for a fee.[2026] Once a computer firm is selected, the operator must acquire a working knowledge of the systems commands to operate the computer effectively. These firms provide a manual which explains the system's commands to the operator following his or her subscription to their service.[2027]
The computer firms offer a wide variety of communication services and provide varying degrees of privacy and security.[2028]
The firms may offer subscribers access to electronic "bulletin boards" where individuals have the opportunity to publicly place and read messages.[2029] These messages are accessible to all subscribers.
Firms may also offer a feature which permits one subscriber to send a confidential message to another subscribers.[2030] This service is similar to mailing a letter directly to another person. The message is sent by computer and received only by the person for whom the message is intended. The sender directs the messages to the recipient by routing them to the recipient's assigned identification number.[2031]
Many computer companies offer a "conference" feature which enables three or more subscribers to engage in a conversation.[2032] Conferences can be monitored by any subscriber to the service and afford no measure of privacy to participants in the dialogue.[2033] This is analogous to the Citizens Band radio network that can be monitored by anyone with a CB radio.
Computer services generally charge an initial subscription fee and a users' fee based upon the time of day and amount of computer time the subscriber uses.[2034] The initial fee is usually between thirty-five and one hundred dollars and user fees range from fifteen to twenty-five dollars per hour.[2035]
Sexually explicit computer subscription services are now available. One sexually explicit magazine, in January of 1985, began what they advertise as an "uncensored erotic" service called SEXTEX.[2036] This service offers an array of features including: (1) conference calls with unlimited parties; (2) a "sex shop" that allows the operator to purchase sexual devices, sexually explicit magazines and video tapes by computer; (3) bulletin boards where the operator can post related messages for other subscribers to read and/or respond to; (4) an electronic mail service which allows one subscriber to send personal notes to other SEXTEX users and to other computer information services; (5) A "Guide" which features articles on sex and travel; (6) the opportunity to place or answer a personal ad or seek some sexual advice.[2037]
The privacy of all communications is stressed by SEXTEX in their advertisements:
Your privacy is of paramount importance to us. SEXTEX has a password system that prevents unauthorized access, and you can change your password anytime you want. Your real identity need never be revealed; you will be known only by a user-name you select. Each SEXTEX transaction is strictly confidential. Information is used only to process the transaction and cannot be monitored even by us. The name SEXTEX will never appear on any bill. Your credit card statement will simply read "Video-tex Services."[2038]
SEXTEX subscribers are asked to sign a written contract when they apply for the service. This contract states that the applicant is eighteen years of age or older and that he will not let anyone under eighteen use the service.[2039] However, there is no indication that the computer services engage in any independent age verification for users and subscribers.[2040] The lack of verification permits young computer users and computer hackers easy access to the system.
Billing for SEXTEX services is currently done on the subscriber's credit card account.[2041] Alternate forms of payment (i.e. cash and checks) may be accepted in the future.[2042]
There are also a number of sexually oriented national and local bulletin boards systems.[2043] GENDERNET describes itself as an "information source for the transvestite and transsexual"[2044] ODYSSEY II is designed for nudists and swingers.[2045] SYSLAVE is known as "the kinkiest in L.A."[2046]
Sexually explicit computer subscription services and bulletin boards are often advertised in sexually explicit tabloids and magazines. Some are advertised through newsletters or direct mail.
Sexually oriented computer communications are not limited to subscription services offered by pornographers. Any two computer operators with compatible systems can carry on a sexually oriented conversation. Moreover, one of the largest personal home computer information networks with over 250,000 subscribers, offers its own "Adult Channel"[2047] This designated channel is one of several conference channels offered by the computer network.[2048] Subscribers may use the "Adult Channel" as an introduction and then continue private conversations elsewhere in the network by a simple system command.[2049]
Computers have also emerged as a method of communication between pedophiles about child victims.[2050]
There is a wide variety of sexual devices and sexually oriented paraphernalia available in the United States. The Institute for the Advanced Study of Human Sexuality, in an attempt to collect and catalogue these devices, estimated that there were at least five thousand different "sexual enhancers" that had been marketed in the United States.[2051]
Sexual devices and paraphernalia which can be purchased in many "adults only" pornographic outlets or through mail order include: dildos, penis rings, stimulators, french ticklers, aphrodisiacs, inhalants, inflatable dolls with orifices and police and detective equipment.[2052] Some are purchased for internal use while others are bought for external stimulation.
There are also sexual devices and paraphernalia designed for specific types of sexual activity. For example, there are products specifically designed for sadomasochistic sexual activity. Such products include masks, whips, chains, manacles, clamps and paddles.[2053]
The majority of sexual devices and paraphernalia are produced offshore at the request of suppliers in the United States.[2054] The manufacturers of these products is often subcontracted out to locations in the Orient because labor is available at a substantially reduced cost.[2055] After the products are made, they are shipped to suppliers in the United States.
The largest supplier of sexual devices and paraphernalia in country is alleged to be Reuben Sturman through his "Doc Johnson" line of products.[2056] "Doc Johnson" products account for seventy to seventy-five percent of the sexual device and paraphernalia market.[2057] The remainder of the market is mostly made up of smaller specialty companies.[2058]
The Sovereign News Company, which is owned and operated by Reuben Sturman and headquartered in Cleveland, allegedly distributes the majority of "Doc Johnson" and other sexual device and paraphernalia products.[2059] Sovereign News has eighty-five to ninety major "news agencies" or distributorships nationwide.[2060] Each distributorship has a different company name and handles a designated region of the country.[2061] Often, they are operated by a local person who has been formally trained at the Sovereign News facility in Cleveland.[2062]
These distributors provide approximately 12,000 of the 14,000 to 15,000 pornographic outlets within the United States with "Doc Johnson" and other products.[2063] In those few areas of the country that the Sovereign News network does not cover, the products are sold to sub-distributors who then sell to retailers in their area.[2064] Most of the distributors use trucks or trains to transport the materials.[2065]
In essence, the supplier and the distributor are one and the same for this product line at pornographic outlets. Moreover, Reuben Sturman owns numerous pornographic outlets across the country.[2066] In some instances, then, he supplies, distributes and sells his own products.
Most of the "adults only" pornographic outlets in the United States carry sexual devices and paraphernalia as part of their general stock and account for approximately fifty percent of total sales of these products.[2067] Sexual devices and paraphernalia are sold along with sexually explicit magazines, paperback books, periodicals, videos and films.
The remainder of these products are distributed through mail order operations.[2068] Advertisements for such goods are found in sexually explicit paperback books, magazines and tabloids nationwide.[2069] Sometimes, these products are advertised through direct mail.
The volume of sexually explicit paperback books which have been published is tremendous. The 1970 President's Commission on Obscenity and Pornography estimated that approximately five thousand new "adult" titles were published each year.[2070] Recent studies of this segment of the industry suggest that while it is doubtful that five thousand sexually explicit paperbacks are still published each year, the actual number published is still large.[2071]
Two major publishers or sexually explicit paperbacks are Star Distributions, Inc., and Greenleaf Classics.[2072] Star Distributors, Inc., is located in New York and is alleged to be controlled by Robert DiBernardo.[2073] Greenleaf Classics is located in California.[2074] William Hamling's Greenleaf's director in 1971, was convicted of obscenity violations for publishing the Illustrated Report of the President's Commission on Obscenity and Pornography.[2075]
The content of sexually explicit paperback books is similar to the content of any other sexually explicit medium.[2076] Incest, sadomasochism, bondage and discipline, bestiality and sexual acts involving children are all common themes in these books.[2077] Current paperbacks available include titles such as: Suckalot Wife, Grandma's Horney Visit, Daddy's Sweet Slut, Hot, Wet Nun, Transvestite in Chains, Vietnamese Pleasure Girls, Rape High School, Rhonda's Trained Dobermans, Pony for Daughter and Tying up Rebecca.[2078]
Paperback books often are developed as part of a series.[2079] Such series include: Siren Slavegirls, Tales of Terror, Pedophilia in the American Family, Incest Tales, and Forbidden Fantasies.[2080]
The cover of these paperbacks is often illustrative of their contents.[2081] I Want All Night Abuse pictures a kneeling man about to whip a partially nude, large-breasted woman who is bound, gagged and crying.[2082] Naughty Family Urges depicts two nude men and two nude women involved in orgy-like sexual activity.[2083] Kneeling for Daddy depicts the back view of a muscular man from the waist down including the buttocks and genitals. A pigtailed girl with one breast exposed and holding a lollypop can be seen through his legs.[2084]
The paperback books are very detailed in their descriptions of sex-related themes and acts and are often written at an elementary school reading level.[2085] The books are usually between one hundred and two hundred pages long and have retail cover prices of $2.95 to $4.95.[2086]
These books generally do not provide specific information about the authors of the books.[2087] Many books do not even include the name of the author.[2088] And, when the author's name is given, many times this name is fictitious.[2089]
The majority of publishers care little about the literary quality of these paperbacks and pay authors small lump sum amounts of five hundred dollars per book or employ in-house authors on salary who write these paperbacks full time.[2090]
Many sexually explicit paperback books contain advertisements on the back cover or the inside flap.[2091] The advertisements may be for sexually explicit paperbacks, magazines, or sexual devices and paraphernalia.[2092] Some paperbacks also have personal advertisements.[2093] Personal advertisements often contain names and addresses or may use a confidential number postal exchange system for correspondence with the individual described in the advertisement.[2094]
These paperbacks also contain order forms for the sex related products shown in the advertisement.[2095] When ordering, the purchaser is required to sign a release on the form that states he or she is over the age of eighteen.[2096] The product or personal advertisement orders may be paid for by cash, check, money order, or credit card.[2097]
Star Distributor is not only a major publisher, but also a major distributor of sexually explicit paperbacks.[2098] These sexually explicit paperback books are distributed through "adults only" pornographic outlets across the country. These paperbacks are also sold through mail order operations advertised in sexually explicit magazines, tabloids and other paperback books.
Sexually explicit paperback books are advertised in sexually explicit magazines, tabloids and other paperbacks. These books are also advertised in some Book Club publications and publisher's catalogs.
There are few nationally distributed sexually explicit tabloids.[2099] The vast majority of sexually explicit tabloids are regional publications.[2100] Some of these tabloids are published by a swinger or sex club.[2101] Others are established by individuals or regional corporations.[2102] Most of the tabloids are independently owned.[2103]
Sexually explicit tabloids vary in their sexual explicitness and content diversity. Some contain all photographs. Others contain text and photographs. The photographs depicted in some of these tabloids include sadomasochistic activities, sexual acts between two women, masturbation, oral-genital contact, and vaginal and anal intercourse. The text may be sexually oriented or of a general interest nature.
The advertisements in these tabloids are mostly regional and for sexually related goods and services. The tabloids often contain advertisements for sexually explicit video tapes, films, photo sets, magazines and paperback books.[2104] Sexual paraphernalia, aphrodisiacs, and sadomasochistic devices are also advertised. The majority of the advertisements in tabloids are for escort services, prostitution, massage parlors, sexually explicit telephone messages, and classified listings. Advertisements comprise a significant portion, if not the majority, of the tabloids.
The following examples of advertisements are from the Hollywood Press. The Hollywood Press is published weekly and sold predominantly in California.[2105] Two advertisements for escort agencies included:
International Escorts Featuring Beautiful Blondes, Brunettes, Blacks and Orientals. Master Charge & Visa Accepted. 24 Hours at Your Location for Your Convenience & Pleasure...
And,
Gourmet Treats Escort Agency Menu (Take Out) Entrees
- Blondes, Brunettes and Redheads (long, shoulder-length, straight or curly)
- Busty or Slender, Classic Builds (38-25-36; 34-23-34; 36-24-36, etc.)
- International & American Beauties
- Tall to Petite
- Novices to Mature "Experts"[2106]
Each Dish: Available individually or in any combination...Prepared to order...Served for Short but Satisfying Meal or Full Course. Delivered: ANYTIME. Checks & All Major Credit Cards Accepted. Delicious Dolls Interviewed.[2107]
Other advertisements for sex-related services included:
CLINIC specializing in Special Specialties.
- Bondage and Discipline
- Two Completely Equipped Dungeons
- Enemas-Give & receive
- T.V.'s-Complete Wardrobes, Maids Outfits
- Infantilism-Diapers, Rubber pants
- Spankings - The Best in Town
- Wrestling - Mats and Showers Available
- Videos & Slides-For Your Viewing Pleassure
5 Dominants
5 Submissives
Open 7 Days a Week, Visa, Mastercharge...[2108]GOLDEN RAIN. Drips & Drips, Golden Showers, Cum Down My Crotch, Let Me Stand Over You & Give You My "Golden Juices! Call...[2109]
SHE MALE. Exceptionally attractive transsexual, flawless complexion, refined features, cock intact. Cauc. brunette, 24 yrs, $100 cash for ½ hour. In call. Clean cut, muscular athletes 18-30 free....[2110]
The classified advertisement section of the Hollywood Press edition surveyed also had help wanted advertisements. These included advertisements for Dude models, escorts, nude dancers, performers and masseuses.[2111]
Many of these tabloids are produced in-house. This has been made possible by the advent of inexpensive machines which have typeset and photo screening capabilities.[2112] These machines can now be purchased for approximately six thousand dollars.[2113]
Sexually explicit tabloids are generally published and distributed on a regional basis. These tabloid publishers exercise several options in distributing their products. A few sell their tabloids to conventional distributors who sell to newsstands.[2114] Many publishers sell their tabloids to distributors who specialize in sexually explicit products and sell to "adults only" pornographic outletS.[2115] Others sell directly to newsstands and "adults only" pornographic outlets in their area.[2116] Still others sell their tabloids from street vending machines.[2117] The selling of these tabloids through street vending machines is particularly problematic because children can view and purchase these publications.
Sexually explicit tabloids are also offered through subscription and mail order sales.[2118] The tabloids advertise through direct mail, other regional tabloids and magazines, and even some radio stations.[2119]
The cost of these tabloids ranges from one to four dollars.[2120] Some cost as much as eight dollars.[2121] The majority, however, cost two dollars.[2122]
There is a market among consumers of sexually explicit materials for individual custom made photographs and photo sets.[2123] portion of the industry can best be described as a "cottage industry" since the product is often homemade or made by very small scale commercial producers.[2124]
Individuals who produce these photos sets can do so with minimal overhead. The necessary costs for producing photo sets include renting or buying a camera, purchasing film, photo processing, location and model fees and mailing. Models are often found by the photographer placing advertisements for "models" in newspapers.[2125] The photographer's home is often used as a studio.[2126]
These photo set photographers must find photo processors who will develop their sexually explicit film. Some photographers use general commercial photo processors including one hour photo services.[2127] Others use mail order services which advertise "confidential and uncensored" photo processing in sexually explicit publications.[2128] One such photo processing lab was Crystal/Spectra Photo in Syracuse, New York.[2129] Spectra Photo was the focus of a Federal Bureau of Investigation undercover operation in 1981 and 1982.[2130] The sexually explicit photographs knowingly processed by Spectra Photo included depictions of bestiality, excretion, homosexuality, examples of extreme mutilation, castration, torture and child pornography.[2131] These types of photos were processed on a regular basis.[2132]
Individual photographs or photo sets often depict sex related activities not generally represented in commercially produced pornography. These activities include piercing,[2133] scat,[2134] castration and extreme sadomasochism.
The photo set business enables a producer to offer "custom" service.[2135] Often the customer writes or telephones his or her requests and photographs are taken of the described activity.[2136] The photographs may be ordered through contacting the individual photographer directly or through a mail order service.
Sexually explicit photo sets are a lucrative endeavor for photographers and photo processors alike. Photo sets usually include six to ten photographs and sell for nine to twenty-five dollars to individual consumers.[2137]
Some film processors have made substantial revenues from processing and duplicating sexually explicit photo sets. Spectra Photo mentioned above, earned approximately six hundred thousand dollars from April 1, 1981, until March 31, 1982, through its mail order pornographic photo processing business.[2138] Federal Bureau of Investigation agents were able to identify that the volume of business attributable to one individual producer, Mr Byrum, accounted for thirty thousand dollars of the six hundred thousand dollar total.[2139]
Moreover, some of these photo set photographers sell their photos to sexually explicit commercial publications. These publications often offer the photographer hundreds of dollars for a few rolls of film.[2140]
Once the photo set photographer has taken the photographs and had the film processed he has several options. He may sell the final product to commercial publishers for reprint in their publications or he may sell them to individual consumers.[2141] The photo sets sold for individual consumption are available at "adults only" pornographic outlets[2142] and through mail order operations offering sexually explicit products. Often, the photographers advertise their photo sets in sexually explicit publications.[2143]
In order to commercially produce a sexually explicit audio cassette tape the producer needs a cassette recorder and performers. He must duplicate and package the tape in-house or through an outside firm, or sell the master to a distributor who will handle this process for him. These tapes look and are packaged like general music cassette tapes.
The commercially produced audio tapes contain sexually explicit conversations and acts. Audio tapes are similar to pre-recorded Dial-A-Porn recordings.[2144] Both are audio recordings of sexually oriented conversations or activities. The activities described in these tapes include sadomasochistic acts and sexual relations with children, among others.
The Commission also heard testimony about homemade non-commercial audio tapes. One ex-prostitute testified how her pimp made recordings of sexual activities and brutal beatings.[2145] Another woman testified that her husband wanted to record her domination of him in a sadomasochistic scenario:[2146]
There was another time when he wanted to record