Expert: Dan Pepper - 9/15/2008

Question
I do a fair amount of film editing and tri pod camera work and was thinking of trying to do some porn.  I don't know if it would even be legal, and thats mainly my question, and if it is I would love to know what kinda legal documentation/permits etc I am going to want to look into.

I have a house, and I am a young guy, so I was going to be the male and I would in theory hire out female actresses.  I was thinking of making some amateur films like the bang bros and in the vip, however I was thinking I would just set everything up like I would for my normal work with tripods and lighting etc. rather than have a camera man (and have to pay one).  Its something I am pretty good at already and I have a small niche idea also that hopefully will help make my stuff interesting (its nothing too crazy and would for sure be legal but I dont often see it done if at all)

would I be able to star and edit and market my own movies legally?  

also I would be really interested in marketing the films to areas where no one will reccognize me (like foreign countries, Japan etc) and if I could somehow set up a website that would ensure that would be awesome but if not its not a deal breaker for me

and if all of this is somewhat possible, what kinda permits and documents will I need for my house and for the actresses?

Answer
First, the steps you'd need to take to get started depend heavily upon the jurisdiction in which you reside (which appears to also be the jurisdiction you'd wish to produce your films).  Local laws regarding obscenity, zoning, pandering, prostitution, and other areas will dictate how you proceed.

Regarding "legality," there are no absolutes or guarantees in this business.  There is ALWAYS an element of risk, and the amount of risk depends upon your jurisdiction, business practices, and the type of content you wish to produce.

That being said, there are a number of issues and areas you can start thinking about.  If you haven't already done so, you should start by forming a business entity that will protect your personal assets.  The type of entity, and the jurisdiction in which to form it, will depend upon various factors about your personal situation.

Regarding documentation and other requirements, you'd need to consider:

1.  Model release agreements for your talent
2.  Obtaining workers' compensation for your talent
3.  A content license agreement, if you are licensing your content to affiliates or other third parties.
4.  Compliance with the federal record keeping requirements, commonly referred to as the "2257" requirements.

Depending upon how you plan on recruiting your talent, you'll need to ensure that you do so legally, so as not to violate applicable pandering or solicitation of prostitution laws.

For your hosting and distribution:

1.  Website terms and conditions, as well as a privacy policy
2.  Traffic referral programs terms for any affiliates
3.  Acceptable use policies for bulk mail for any affiliates
4.  Appropriate 2257 notice(s).

This is just a broad outline - there may be other requirements your particular operation may require.  Other matters like copyright and trademark protection, and other corporate governance matters have not been discussed.

It would be foolish to enter this business without retaining a qualified lawyer that can assist you with these matters.  Getting it wrong can mean thousands of dollars in fines as well as jail time.