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 QUESTION: What happens if someone produces a movie and meets all the record keeping requirements and then moves from the address of record? Do they need to update some federal or state agency? Or is some other action needed?
ANSWER: The answer depends upon the manner in which the content was labeled and distributed. The regulations do not carry specific instructions on this point, so you should have a qualified lawyer review your particular situation and advise you accordingly.
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QUESTION: This would be in regards to DVD production and distribution. One part of § 75.6 states "(d) The information contained in the statement must be accurate as of the date on which the book, magazine, periodical, film, videotape, digitally or computer-manipulated image, digital image, picture, or other matter is produced or reproduced." My understanding of this statement is that each time you produce a new film, or reproduce the same film, the 2257 statement must be updated if it has changed in any way. Am I understanding this correctly?
A side question. Is there any reason not to have an outside firm handle the storage of the hard copy documents and make them the keeper of records (provided that they know they are doing that of course)?
Thanks.
Answer That is basically correct, although it can depend upon the nature of the "change" from the original production.
Regarding your second question, no, the producer must maintain the records at the location in which the records were produced. This MAY not preclude the producer from renting space from a third party, and using that third party's location as the recordkeeper UNDER CERTAIN LIMITED CIRCUMSTANCES. Because I cannot give legal advice through this forum, you would need to retain qualified counsel for such specific advice.
