Expert: Jim Boyd - 2/16/2009

Question
i'm sorry if you've heard this before but what are the legalities involved with filming and distributing our own porn? I have been looking into forming an L.L.C. to protect myself but i hope to bypass the website scene but am not against using the web for advertisement.

Answer
Hi Jennifer,

First off, keep in mind that California is the ONLY State in which it is actually legally produce Adult Films so you will need to relocate or at least plan to travel there to do all of your production work.

Adult film production is legal in California due to a president created by a 1988 decision of the California Supreme Court (California vs. Freeman). As a result of that decision, California became the FIRST AND ONLY state where a person can be legally hired to have sex for the purpose of making adult films. However; producers are still required to obtain permits before starting any such production. NO OTHER STATE HAS SUCH A PRECEDENT and it is simply ILLEGAL to make Adult Films anywhere else in the United States.

Sex in exchange for money (regardless of reason, or circumstance) is considered prostitution in ALL states. California just happens to be the ONLY one to make allowances for adult film production. While it is true there are companies who make films in other states, they do so contrary to law and are subject to arrest and face charges ranging from prostitution to pandering (pimping) if caught.

Secondly, there are the Federal Laws that apply to ALL Adult Material. Specifically USC Title 18 Section 2257 and CFR Title 28 Part 75. These Laws place a large amount of responsibility on the producers of Adult Films and are full of legal pitfalls. DO NOT even think about trying to make a film until you have researched, understand, and can fully comply with these laws.

Also there are issues such as forming your LLC, model releases, copyrights, contracts, STD testing for your talent and other things that need to be researched. I would strongly suggest you talk with an Attorney who specializes in Adult Industry Law and listen very closely to EVERYTHING he/she has to say. I do not make a habit of recommending Attorney’s as I have had the same Attorney for the last 7 years and simply do not know anything about the business practices or qualification of other s.  Unfortunately, there is no one currently listed with Allexperts whom, in my professional opinion, is actually qualified to offer detailed legal advice on this subject.

Now, when you have everything in order legally, and have a finished film, you are ready to have it duplicated, labeled and packaged. This is perhaps the most expensive part of film production, and will put a major dent in your funding. There are several companies who do this kind of work and nearly all of them have a “minimum order” of 1,000 or so dups. They all have web sites and are relatively easy to find.
Actual production of even a low budget film is going to be a costly matter. Lighting equipment, HD cameras, editing software/equipment, permit fees, paying the performers, product duplication, legal fees and other expenses will add up quickly.

Now, at this point your legal issues, and production cost have been addressed, distribution will the next costly hurtle. Distribution can be done in two basic ways.
1) Get a website and market the product yourself: This is the best option when first starting out, and the least difficult. However, it does require a good understanding of internet marketing, a good web designer and a sizable investment of funds.

2) Make a deal with a distribution company: Not, recommended for beginners and most of them won’t give you the time of day unless you are an established producer.

That’s pretty much all of the basics in one quick and easy lesson. I’m sure it is much more information that you bargained for. Most people do not realize all of the issues involved in this Industry, and if someone tells me they want in, I feel obligated to let them know what they really getting themselves into.

PLEASE understand that this IS NOT a quick/easy money business. Production and distribution of even a low budget film will be a VERY COSTLY matter. If you do venture into the Industry, it may take quite some time (and several successful films) before you recover your original investment much less make a profit.  

I hope this was helpful.

Jim Boyd