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Adult Film/Distribution License?

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Expert: - 12/8/2009


Question
I'm starting a production company for b/g scenes. If I want to sell to other sites or companies, do I need a distribution license? Or, if I just have a website to sell them either to webmasters or the public directly, do I need a distribution license? I'm in NYC.

Thanks,
Tim

Answer
Tim,

There is no "distribution license" in this situation.  There are, however, a number of federal and state laws that will apply to your production company.  If you plan on producing content in NYC, you run the risk of potentially violating prostitution or pandering laws, as only the state of California has affirmatively ruled that such production does not violate such laws.  You'll also need to comply with 18 USC 2257, which is a federal law requiring certain recordkeeping and labeling.  For any production and distribution, written agreements with your talent, crew, and licensees are also crucial.

If you'd like to discuss your situation further, feel free to contact me through my website at www.adultwebsitelawyer.com.

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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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