Expert: Jim Boyd - 3/29/2009

Question

I have an extensive collection of strictly amateur porn that I have collected over the past 10 years from various places online.

I am wondering about the legality and issues that may arise from creating a website that would make these clips available to paying members.

Thanks for your help.

Answer
Actually there are several legal questions that come into play here.

1: Is material in question copyrighted by the original creators? If it is, then you will require their express written permission to do this.

2: Did each of the performers in these films/photos sign Model Releases and do you have copies of those releases in your possession? If not, you simply cannot use the material that they appear in without first obtaining these documents.

3: Do you have the records required by Federal Law (USC Title 18 Section 2257 and CFR Title 28 Part 75) that prove the actual AGE AND IDENTITY of each and every performer in your possession? Under these Laws site owners are often considered “secondary producer” and having these records is mandatory.

Odds are using material that you have randomly collected over the years in such a way will just land you in a whole world of legal hurt....