Expert: Dan Pepper - 12/30/2009

Question
QUESTION: So what are the laws like pertaining to filming outside the US? Assuming all other requirements have been met (18 U.S.C. 2257, release forms, proper ID, etc) are there any restrictions on the US side?
For example, lets say we filmed in Jamaica (random pick). Could we have a US based site based on these films?
Thanks

ANSWER: Jean,

I'm not sure I understand your question.  If you have complied with all applicable U.S. laws, then you would be able to host a US based site based on films shot outside of the U.S.  If there's something else you're asking, please advise.

---------- FOLLOW-UP ----------

QUESTION: Thanks for your response. Let me clarify:
We go to Jamaica to film adult films. We make sure that all participants are above 18 and have a country issued passport; we make sure we are in compliance with the host country laws; we comply with paperwork for 2257; have appropriate model releases, etc. (Of course, this would be under legal advice. Probably yours because I live just a few miles from your office)
- Can we have a US based website hosted in the US and still be in compliance?
- Obviously if we set up a US entity, the records would need to be kept here in the US offices of that entity. If we decide to set up a foreign entity, can the custodian of record be in that foreign country or would the records need to be kept here also??
Thanks for your time.

Answer
Jean,

In general, yes you can have a US based website with this content, provided you have complied with all applicable laws.  The records can be either kept at your place of business, or you can retain a third party to maintain them on your behalf as a result of a recent change in the regulations.  Regarding foreign entities, we should speak directly about how that structure should be set up.  Feel free to contact me through www.adultwebsitelawyer.com.