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Adult Film/2257 Requirements for Banner/Affiliate Ads

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Expert: - 3/4/2009


Question
Hi Dan,
I had an interesting question posed to me today by a person who runs an adult artwork site. He understands that his site, because the content is artwork and not photography/videography, is not subject to 2257 Compliance.

However, he is thinking of adding banners to affiliate sites that he has, who themselves already have 2257 Compliance Statements on their site.

His question is this : if the banner ads provided by the other company has nudity, is he required to have a 2257 Compliance Statement on his own site? Or are banner ads exempt from Compliance Statements because the linked site itself already has one?

Thank you kindly,
Kelly

Answer
Kelly,

He probably would need to comply with the 2257 regs.  If he formats, selects, alters the banner ads in any way, and assuming the banner ads themselves trigger 257 compliance, then he would be considered a secondary producer under the rules, and must comply.

Note that this post is not legal advice, and the person you've described should retain his own qualified lawyer to advise him.

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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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