Expert: Jim Boyd - 5/28/2008

Question
If my wife and I are the 'stars' of our little website - other than the occasional friend of hers that helps out, are we goign to be arrested?  We're not paying anyone but ourselves.  We're not sure if we should spend more money on a attorney or not (I kmnow that sounds stupid), because we've already spent a lot of money getting the content and site setup.  We're planning to go live with the site in a few days...

Any help here would be great!

Thanks!

Playful

Answer

I would strongly recommend that you talk to an Attorney before going live.

Despite the fact that no money changes hands in respect to “guest” talent on your site, there are many other legal issues that need to be addressed. Most important of these are the Federal Regulations (USC Title 18 Section 2257 and CFR Title 28 Part 75) that apply to ALL Adult Material, including Adult Websites. There are also local obscenity ordnances, model releases, privacy agreements, terms of use statements, and a few dozen other legalities that you are probably not aware of.

Do not let yourself be fooled into thinking that just because you are not paying your “guest” talent, that you have found away around your States prostitution and pandering laws. Those legal loopholes work both ways, and most States, simply operating a “for profit” website puts you in violation of these laws.

Do yourself a Favor and get some serious legal Advice BEFORE you go live with your site. Not doing so will probably land you in a world of legal hurt. The Adult business is littered with legal issues that can lead to huge fines and possible jail time for even the smallest of violations. It is definitely NOT something you should attempt without sound legal assistance.

Jim Boyd