AboutDan 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.
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.
Question We are interested in starting a web-site in the Adult Film industry. We are having difficulty finding exactly what laws outside of local registration for tax purposes, will apply to us. We want our site to broadcast films for an annual membership rate. Not a per film download. We do not want to produce or direct then post our work on the site. We simply want to post existing films from companies that produce adult films. How do we secure permission, or do we even need permission to broadcast the films? Can you give us some names of laws that we need to research? We've read the 2257 laws so far and would like some additional references for the publications. Thanks in advance!
Answer Elise,
It sounds like you are interested in operating an affiliate site, where you enter into a revenue share agreement with the producers of the film for any membership sign-ups you receive. Your first step would be to research how the business works, and how to even get a site launched. You'll find some good information on discussion boards found here: http://www.cozycampus.com/theforum/showthread.php?t=16588.
Since you'll be acting as a secondary producers of these films, as that term is defined in the 2257 Regulations, you'll also need to consider applicable obscenity laws. These laws are extremely vague, and are based on standards set by your local jurisdiction. Although you can, and should research these, you'll probably find little guidance on how they might affect you due to the fuzzy nature of the law in this area.
Most larger production companies have affiliate program websites where you can learn more about their programs. I have no idea what sort of content and films you're looking to host, so the affiliate program you choose will depend upon what niche you're considering. In the meantime, here are a few to check out:
