You are here:

Adult Film/Adult legal pittfalls outside of California

Advertisement

Expert: - 5/6/2008


Question
Dan,I am interested in starting and growing an adult media company outside of California and notice that several other companies are doing the same ie Florida, Georgia, etc... Before dealing with other legal issues like 18 USC2257, copyright/trademarking and contractural forms I'd like to learn how these companies are legally producing?  Without being too broad in my questioning I think this is a good start.  Can you help?  If you prefer to chat offline let me know how to contact you and I'll be happy to.  Thanks.

Answer
The first thing to recognize is that just because you see other companies producing conduct, whether in California or elsewhere, doesn't mean that they're necessarily doing it legally, it just means that they haven't been caught.  Remember, adult content producers and website operators far outnumber law enforcement, so the odds are if they're operating illegally, they'll get away with it.  (But sooner or later, the odds eventually catch up with you.)

The bottom line is you need to completely and exhaustively understand the local, state, and federal laws regarding obscenity and related laws.  As I advise everyone, going in without a lawyer in this business is like going in without a condom.

I'm happy to chat with you offline about it if you'd like.  You can find my contact info at http://www.adultwebsitelawyer.com

Adult Film

All Answers

Answers by Expert:

Ask Experts

Volunteer

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)

©2012 About.com, a part of The New York Times Company. All rights reserved.