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Adult Film/2257 question
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Question
Ok, I purchased a domain name and have hosting now. My site is being built but is not a adult site. There is no nudity or sex or even simulated sex for that matter. It is a lingerie/swimsuit review site and I have 1 model who is 23. It is a free site and has a store where perople can purchase calenders, signed pics, shirts etc. Do I need to comply with 2257 just because a model is sexy and maybe only wearing a bra and pantys? As always, thank you for your time.
Robert,
Although I cannot provide legal advice here, I can give you the applicable regulation which you can apply to your situation.
The application of the recordkeeping and labeling requirements apply to actual or similar sexually explicit conduct.
Section 2256(2)(A) clauses (i) through (v) defines sexually explicit conduct as follows:
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the genitals or pubic area of any person.
If your content does not fall within this definition, 2257 would not apply to you.
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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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