Expert: Dan Pepper - 3/24/2009

Question
I looked around at the other questions, but didn't see anything that would address this, hope you can set the record straight.  I'm thinking about starting an adult website that will showcase various items from individual porn actresses, including porn pics, videos and other items.  I live in FL and hope to operate from here.  Since I am not producing any of the videos and pics, and I won't be an actor in any of the pics or videos, should I be concerned about the Feds knocking at my door.  As I see it, I'm just creating a virtual store for them to sell and showcase their work and products. Thanks for the advice in advance.

Ben

Answer
Ben,

The regulations require a secondary producer to comply with the recordkeeping and labeling requirements.

A secondary producer "is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, or digitally- or computer-manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of, an actual human being engaged in actual or simulated sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing." 28 C.F.R. § 75.1(c)(2).

Based on the description of your planned activities, you would qualify as a secondary producer, and would need to comply with the requirements.