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Adult Film/custodian of records

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Expert: - 10/20/2008


Question
hey dan, my question to you is this, accoridng to the 2257 law, your records must be kept by a custodian, i want to know who or what qualifies as a custodian, and where can the records be held?

Answer
The records must be kept at an address that is your principal place of business. It must be an actual address where you do business.

It cannot be a PO Box or a mail drop or under any type of third party custody. They want to be able to do a surprise inspection at a moments notice. Failure to give proper notice is a violation.

Regarding a custodian, if the producer of the content is an organization, the 2257 statement must contain the name, title, and business address of the individual employed by such organization who is responsible for maintaining the records.  If the producer is an individual, then the individual's name and address would be used.

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Dan Pepper

Expertise

Lawyer representing adult industry businesses and entertainers, and can answer questions related to:

How to start an adult film business or adult website LEGALLY.

What laws to be concerned about with getting into the adult entertainment industry.

What terms and conditions do you need on your adult website.

How to comply with 18 USC 2257 - the federal record keeping requirements.

What forms and agreements do you need for models and crew.

How to deal with copyright and trademark laws.

Before asking your question, I recommend visiting adultwebsitelawyer.com and requesting a copy of the Top 6 Considerations of Starting an Adult Entertainment Business. You may find your question answered there.

I ALSO DO NOT ANSWER QUESTIONS FROM MALES INTERESTED IN STARRING IN ADULT FILMS.

Experience

I have been practicing law since 1994, and have represented numerous businesses and entertainers in the adult entertainment industry as the managing member of Pepper Law Group, LLC, at adultwebsitelawyer.com. My firm also operates 2257Sentry, one of the industry's leading 18 USC 2257 custodian record keeping services for producers of adult content.

Organizations
Free Speech Coalition, Frequent speaker at adult industry events including the Internext Expo and Exxxotica New York; interviewed in AVN Online; regular contributor to XBiz World

Publications
XBiz World AVN Online

Education/Credentials
BA in Political Science, JD (law degree)

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