Expert: Jim Boyd - 4/26/2009

Question
Hi, My wife and I have made several homemade adult films,and wonder, would it still be necessary to keep the 2257 records if say, we offered the films as free, with a purchase - we also have a retail craft site.  If we did, would we have to give one to someone who didn't purchase whatever?  Thank you!

Answer
There are actually two separate questions her so I'll address them one at a time.

Q1: My wife and I have made several homemade adult films,and wonder, would it still be necessary to keep the 2257 records if say, we offered the films as free, with a purchase

A1: Yes...2257 applies to ALL Adult Material being distributed in the United States and you would be required to maintain the required records and to properly label the films with the correct information as described in the statutes.....even if you are giving it away.

Q2:If we did, would we have to give one to someone who didn't purchase whatever?

A2: If I'm reading this one correctly, you are asking if you must give copies of the 2257 record to people you "give" the material too. The answer to that would be NO. In this case it's no different than getting a DVD from an Adult Shop and you would not have to supply them with those records. However, you wold be required make those record available properly Identified Federal Authorities if they come inquiring about your films.