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Adult Film/where do fetish films fit in?

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Expert: - 5/15/2008


Question
So California is the only place where it is legal to produce adult films. By adult film, I mean a video of two or more people having sex, for money, on video and then distributing the video.

What about fetish films? Videos where people aren't necessarily having sex? This includes feet, food, enemas, leather, feathers, pumpkins, fast cars, pretty little birdies, whatever people enjoy that isn't good old fashioned sex.

What if the models are nude, but there isn't any graphic display of genitals? Semi-nude, like a hospital gown? Not nude at all, like they are fully clothed but only hike up their skirts a bit?

I live in New York, which is almost as far from California as you can get.

What's the deal with fetish films?

Answer
Like most issues in this business, the answers depends on the details.  At the end of the day, if the content is deemed obscene by local standards, you'll have problems.  What is obscene?  Ask 10 people and you'll probably get 10 different answers, but I usually go through the specific content with my clients and analyze it based upon the prosecution history of the local jurisdiction.

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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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