AboutDan Pepper Expertise 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.
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.
Question I am starting porn company in MA and was wondering where I can find how to go about getting proper licensing and the legalities of where if at all we can shoot here?
Thanks,
Dee
Answer Dee,
MA does not have any laws that affirmatively permit the production of pornography content, so there are no licenses that you can obtain.
A little bit of background is necessary:
In 1988, the California Supreme Court in a case named People v. Freeman. decided that pandering laws could not be used as a "tool to impose a system of governmental censorship of erotic materials." Effectively, this means that the production of adult content in California is not pandering on the part of the producer, nor prostitution on the part of the performers.
With the explosion of adult content on the Internet since the 1990s, and the fact that very few pandering or prostitution charges were brought against adult performers or producers, it has generally been assumed that such content could be produced in the U.S. without risking these types of charges.
That being said, no other state in the U.S. has considered the decision in the Freeman case, which means we don't have a definite answer how other states will handle it. It is safe to assume that the more conservative jurisdiction you produce your content, the higher your risk. Recently, however, the states of Rhode Island allow production in certain situations, and Nevada also may permit it in certain circumstances.
Additionally, any adult content that is considered "obscene" under the definition of the U.S. Supreme Court, is also prohibited and illegal. Florida has recently been active in bringing obscenity charges against what is typically been considered "extreme" content.
How does this apply to you? Your best bet is to have a qualified attorney give you an analysis based upon your particular situation - where you are producing and the nature of your content. If you'd like to contact me, you can do so through www.adultwebsitelawyer.com.
