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Question
my gf and i want to know if it is legal to sell our own sex tapes. we live in ny . and if so, can you tell us where and/or how we can sell them legally?... we have several, love to film ourselves or be filmed by others, and thought it would be a good way to make some extra money. thank you.
The only state in which it is affirmatively legal to product and distribute pornographic content is California. It is not necessarily illegal to do so in other states, but there is no law that specifically permits it.
You also need to abide by what is known as the "2257 Regulations," which are the federal recordkeeping and label requirements. These are highly complex and burdensome laws, so you would do well to become intimately familiar with them before you get into this business.
If you plan on selling or hosting these videos online, you'll need to make sure you have compliant website developers, hosters, and payment processors, not to mention robust and enforceable website terms and conditions.
As I advise anyone who is looking to get into this business, it is very easy to get yourself in trouble, where you are subject to potential fines and jail time. Retain a qualified lawyer who expertise in this area.
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Answers by Expert:
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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