Expert: Dan Pepper - 2/14/2009

Question
Please point me in the right direction (website URL would be helpful) to research further information! Where to find information on State of Georgia's Law on operating type of website mention in subject line? Could I do this legally as a home-base business in State of Georgia? Where can I find information on starting an Modeling agency for Adult Film Industry in State of Georgia also? I know these are alot of guestions but thank you for understanding, help and patience in answering them all for me.

Answer
Alana,

Your question really relates to not only producing webcam shows and VOD, but the production of any adult content.  Unfortunately there is no simple answer.

A little bit of background is necessary:

In 1988, the California Supreme Court in a case named People v. Freeman. decided that pandering laws could not be used as a "tool to impose a system of governmental censorship of erotic materials."  Effectively, this means that the production of adult content in California is not pandering on the part of the producer, nor prostitution on the part of the performers.

With the explosion of adult content on the Internet since the 1990s, and the fact that very few pandering or prostitution charges were brought against adult performers or producers, it has generally been assumed that such content could be produced in the U.S. without risking these types of charges.

That being said, no other state in the U.S. has considered the decision in the Freeman case, which means we don't have a definite answer how other states will handle it.  Recently, however, Rhode Island and New Hampshire courts have set some guidance in permitting the production of adult content in certain circumstances.  It is safe to assume that the more conservative jurisdiction you produce your content, the higher your risk.  Georgia would fall under the higher risk category.

Additionally, any adult content that is considered "obscene" under the definition of the U.S. Supreme Court, is also prohibited and illegal.  Florida has recently been active in bringing obscenity charges against what is typically been considered "extreme" content.

Regarding this sort of work in your home, you would need to review the zoning laws of your particular town.  I also do not believe there is any specific information in Georgia on starting a modeling agency for the adult film industry; you would most likely need to review employment agency licensing requirements (if any) in Georgia.

Your best bet is to have a qualified attorney give you an analysis based upon your particular situation - where and how you are producing, as well as the nature of your content.  If you'd like to contact me, you can do so through www.adultwebsitelawyer.com.