Adult Film/international

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Expert: - 5/20/2009


Question
I was wondering about the laws in distributing adult material shot outside the US, say shot in china.  I would like to release and distribute in the US.  What is needed?

Answer
Wonz,

The applicable federal regulation is at 28 CFR Part 75.1 (b), which requires you to obtain and maintain appropriate identification of your talent.  Specifically, the regulations indicate that you need to obtain:

a foreign government-issued equivalent of a driver's licenses, employment authorization document, or a passport, when the person who is the subject of the picture identification card is a non-U.S. citizen
located outside the United States at the time of original production and the producer maintaining the required records [which would be you], whether a U.S. citizen or non-U.S. citizen, is located outside the
United States on the original production date. The picture identification card must be valid as of the original production date.

The requirements of how you need to maintain these records and label your content are too complex for me to describe here.  You may want to review the Dept of Justice's compliance guide here:  http://www.usdoj.gov/criminal/optf/links/2257-compliance-guide.pdf or retain a qualified lawyer to assist you.

There are other considerations as well, including complying with the local Chinese laws, U.S. obscenity issues, and others.

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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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