Expert: Dan Pepper - 1/13/2009

Question
Dan, thank you so much for taking time to answer a lot of our question. My questions are about Illinois. I like to start my own production company but I don't have any plans to move out of Illinois any time soon and I like to shoot the films here in Illinois. Is it OK to film hardcore porn in IL? I am planning to produce 3-5 films a year with amateur talents, so how can I hunt for talents in IL without being charged for prostitution? Do I need to register my company before the shootings? Also, where ever I am shooting my films do I need to release it if the quality is not good or if I don't want to release it? I thank you in advance for answering these questions.

Answer
Kunnan,

I cannot provide legal advice in this forum, so I can only provide you with general information for you to research.  As I advise ANYONE getting into this business, if you attempt to do so without getting a qualified lawyer to assist you, you're running a huge risk.

That being said, the first consideration is reviewing the Illinois obscenity law, which can be viewed here:  http://www.moralityinmedia.org/nolc/stateObscLaws/illinois.pdf

Regarding prostitution, the IL law can be found here:  http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+11&ActID=1...  (See Sections 11-14 through 11-19.1).

Although not required, you would be STRONGLY advised to form a business entity for your production company BEFORE you start any filming.  Ordinarily, you do not need to distribute content you are not happy with it, but this may depend upon the written agreements you put in place with your talent.

There are several other areas you need to consider, including compliance with the 2257 Regulations (as recently amended).  If you'd like to discuss your situation further, feel free to contact us through www.adultwebsitelawyer.com.  Good luck.