Expert: Dan Pepper - 9/25/2008

Question
1.) I'm looking to create a website with adult-video content. Do I need a permit to create the website, or simply a permit to create the content?

2.) Will I need a permit to film an adult video AND a shooting permit? Or is there one permit for doing both these things?

3.)If I stand to profit from my website, do I need to incorporate? Are the incorporation laws different for people producing adult-video content?

4.) What terms and conditions do I need on my adult website?

5.) How do I comply with the 18 USC 2257?

6.) Where can I get the necessary forms and agreements for my actors and actresses? Can they be downloaded online? Can I get them from the same place I get filming permits?

Thank you so very much for your time!

Best,
Chris


Answer
Chris,

These are very involved questions that cannot be simply answered in this forum.  Moreover, some of these questions call for specific legal advice which I cannot provide on these boards.

1.  In general, there are no specific "permits" necessary to create an adult website, however there are various considerations such as how you contract with the web developer and which web hosting companies and payment processors will allow adult websites, just to name a few.

2.  In California, there are permits required to shoot adult content.  I do not know if this is where you are based, or whether you plan on shooting your content there.

3.  Whether or not you profit, you should ALWAYS create a separate business entity that can limit your personal liability.  Each state has different regulations regarding formation of business entities, however I am not aware of any state that has separate business entity guidelines for adult content producers.  Bear in mind that incorporation or formation of a business entity will not shield you from criminal liability.

4.  This is a highly complex question, and depends upon numerous considerations.  I strongly recommend having a qualified lawyer prepare these for you.

5.  Compliance with 18 USC 2257 has been the subject of volumes of discussion and debate.  You need to have a qualified lawyer advise you in this area.  You can view the statute's text here:  http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=2257

6.   These forms should be prepared for you by an attorney.  I've seen these forms available online at various websites, although I've yet to see one that I was actually advise using.  Remember, you get what you pay for.

As I repeatedly say on this website, you should NEVER venture into this business without qualified legal assistance.  There is simply WAY too much risk and too much to lose by getting it wrong.  My firm assists adult business start-ups on a regular basis, and I'd be happy to chat with you as well.  Feel free to contact me at www.adultwebsitelawyer.com.  Good luck!