Carrie Prejean Sex Tape: The Legal Ramifications

SAN DIEGO– – Could Carrie Prejean’s solo sex tape soon be for sale at a store near you? Kearny Mesa’s Adult Emporium has an ad on its marquee requesting pre-orders. But will the tape ever be released?

Adult Emporium’s manager Stephan Breuning is confident it will be. He said the pre-orders are meant to gage public interest so he can place the correct number of orders. He feels that if Vivid Entertainment, TMZ, and potentially other people have copies of the video, it is bound to be released.

It has been widely reported the video is a solo sex scene of the fired Miss California. The traditional marriage advocate and Christian-themed author reportedly sent the video by text to her boyfriend before the competition began.

Vivid’s co-founder Steve Hirsch has said “the footage we saw is a series of very graphic and hot clips.” Vivid offered Prejean $1 million for Prejean’s consent to release the video. So far, Prejean has been adamant that she will never agree to distribution.

Without Prejean signing on, legal experts say there is little Vivid can do.

“No company within U.S. territories would dare put out a sex tape without making sure it is signed off on by all parties,” said Michael Fattarosi, a leading attorney in the adult film industry.

Of Vivid’s Hirsch, Fattarosi said, “he’s a smart enough businessman. He wouldn’t allow that tape to be released under his company’s name without the proper documentation.”

That “documentation,” according to Fattarosi, includes having all those in sexually themed videos consent to its release.

Also, under a federal law known as “2257,” all must provide proper identification that they are over 18. They then sign a form saying they are “of age” and could be charged with perjury if they are lying.

Prejean has said publicly that she was 17 years old at the time of the video’s recording, but her boyfriend told she was 20.

If the video was published by a major U.S. company without her permission, Prejean’s attorneys could file for an injunction. Recently, Jennifer Lopez successfully stopped a sex tape from being released after filing an injunction.

Still, there is another possibility.

The tape could leak to an off-shore “tube” site, and then there isn’t much anybody can do to stop it. “Under current copyright law, it’s almost impossible to get those videos off those type of ‘tube’ sites,” said Fattarosi.

A sex tape of reality star Tila Tequila leaked on this week.

Fattarosi said, “once it is out…you can’t ‘un-ring’ the bell. Everyone is going to see it once it is off-shore.”

But if Prejean’s tape was released off-shore neither the major U.S. companies nor Prejean would have the opportunity to profit from it.

“I don’t think you are going to see Ms. Republican from San Diego doing sex tapes anytime soon” said Kevin Blatt, a celebrity sex tape broker.

Blatt came to fame when closing the deal that released Paris Hilton’s sex tape. He said he doesn’t expect to see a similar video from Prejean because right now one doesn’t exist.

According to Blatt, Prejean’s video is 17 seconds long and includes 20 stills. “The only way you are going to see Carrie Prejean’s tape come out is for Vivid to make a deal with her to shoot a full length video because I don’t think anyone is buying a 17 second DVD.”

He added, “if anyone in the adult industry could get to her to sign off, it would be [Vivid’s Hirsch] or maybe Hugh Heffner.”

Blatt said reports that there are 8 separate tapes is “bull” and if Prejean doesn’t consent to the release of the tape, “it is not worth anything.”

Regardless, Breuning at Adult Emporium is confident the tape will be released and he wants to be ready.

If nothing else, like most things involving Carrie Prejean, it is attracting plenty of attention.

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