Expert: Dan Pepper - 5/20/2008

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.