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 What would be legalities involved in purchasing video clips made by couples, amateur performers and distributing via a website? Something like homegrownvideo.com. We do not want to be producers - just be able to legally solicit, purchase and distribute it on a website. Thank you.
Answer I've answered similar questions like this before, but here it is again:
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. A content license agreement that provides you with both the rights and protection you need from the producer.
2. A content license agreement for your third party affiliates that will be driving traffic to your site.
3. Compliance with the federal record keeping requirements, commonly referred to as the "2257" requirements.
4. Website terms and conditions, as well as a privacy policy
5. Traffic referral programs terms for any affiliates
6. Acceptable use policies for bulk mail for any affiliates
7. Appropriate 2257 notice(s).
8. A full review of your local jurisdiction's obscenity ordinances
This is just a broad outline and IS NOT LEGAL ADVICE - 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.
