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Adult Film/Affiliate website legalities
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Question
Dan,
What are the legalities affiliated with operating an affiliate website? What do I maintain? I do not own any of the pictures.
The issues are much the same when running a site with your own content. You need to understand the licensing and distribution rules in your affiliate agreement with the primary producers of the content and how you can advertise and market the content (watch out for the federal CAN-SPAM anti-spam law).
Website terms and conditions and privacy policies are important, as well as protecting the material on your site via copyright or trademark. If you have any user forums or other user generated content on your site, you also need to familiarize yourself with the Digital Millennium Copyright Act. Lastly, you are responsible for complying with 18 U.S.C 2257 (the federal recordkeeping act) even as an affiliate.
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Answers by Expert:
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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