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 to use with models and crew.
How to deal with copyright and trademark laws.
Experience I have been practicing law for 14 years, and have represented numerous businesses and entertainers in the adult entertainment industry as the managing member of Pepper Law Group, LLC, at www.adultwebsitelawyer.com.
Organizations Free Speech Coalition,
Past speaker at the Internext Expo, interviewed in AVN Online
Education/Credentials BA in Political Science, JD (law degree)
Expert: Dan Pepper Date: 5/2/2008 Subject: Amatuer Films
Question I live in CA and am curious about laws regarding filming sex acts in my home using a digital video recorder. In addition if I intend to sell these videos or distribute them what do I need in regards to forms, permits, waivers or other concerns for the participants.
Answer Andrew,
There are a number of issues and areas you should address. If you haven't already done so, you should start by forming a business entity that will protect your personal assets. The type of entity, and the jurisdiction in which to form it, will depend upon various factors about your personal situation.
Regarding documentation and other requirements, you'd need to consider:
1. Model release agreements for your talent
2. Obtaining workers' compensation for your talent, as required under CA law
3. A content license agreement, if you are licensing your content to affiliates or other third parties.
4. Compliance with the federal record keeping requirements, commonly referred to as the "2257" requirements.
Depending upon how you plan on recruiting your talent, you'll need to ensure that you do so legally, so as not to violate applicable pandering or solicitation of prostitution laws.
You did not indicate whether or not you plan on distributing or hosting your content online, but if so you'll need to consider:
1. Website terms and conditions, as well as a privacy policy
2. Traffic referral programs terms for any affiliates
3. Acceptable use policies for bulk mail for any affiliates
4. Appropriate 2257 notice(s).
This is just a broad outline - there may be other requirements your particular operation may require. Other matters like copyright and trademark protection, and other corporate governance matters have not been discussed.
It would be foolish to enter this business without retaining a qualified lawyer that can assist you with these matters. Getting it wrong can mean thousands of dollars in fines as well as jail time.
