Expert: Dan Pepper - 3/7/2009

Question
Hey Dan, my name is Anthony and well I wanted to know what is needed to start a porn website. I am hoping to start one in the near future that will contain both porn filming as well as people uploading their own videos. What steps do I need to take to start up this site?

Answer
Anthony,

There are numerous steps and items to consider.  I assume when you say "porn filming" you are talking about shooting your own content.  

If you haven't already done so, you should start by forming a business entity that will protect your personal assets.  The type of entity, and the jurisdiction in which to form it, will depend upon various factors about your personal situation.

In producing your own content, you'll need to consider:

1.  Model release agreements for your talent, and potentially location releases depending upon where you shoot.
2.  A content license agreement, if you are licensing your content to affiliates or other third parties.
3.  Compliance with the federal record keeping requirements, commonly referred to as the "2257" requirements.

Depending upon how you plan on recruiting your talent, you'll need to ensure that you do so legally, so as not to violate applicable pandering or solicitation of prostitution laws.

For your website, you'll need:

1.  Website terms and conditions, as well as a privacy policy
2.  Traffic referral programs terms for any affiliates
3.  Acceptable use policies for bulk mail for any affiliates
4.  Appropriate 2257 labeling.

This is just a broad outline - there may be other requirements your particular operation may require.  Other matters like copyright and trademark protection, and other corporate governance matters have not been discussed.

Without a good business plan, however, all of this means nothing.  You'll need to determine exactly what kind of web site you want to have (pay site, free site, licensing content to other sites, among others), what sort of niche you want to play in, and how you plan on marketing it and driving traffic to it.  Allowing user generated sexually oriented content on your site has MANY legal pot holes - more than I am able to address here.

It would be foolish to enter this business without retaining a qualified lawyer that can assist you with these matters.  Getting it wrong can mean thousands of dollars in fines as well as jail time.

If you want to discuss further, feel free to contact me through www.adultwebsitelawyer.com.