AboutDan 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.
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.
Question Im am a 23 year old male who had big dreams in making it big. I have been considering this idea for a few months and finally assured myself i could do this is if possible in Missouri. I heard that California was the only legal place to film and produce films so that was my biggest question. How do i obtian legality and can i put an ad out in papers and craigslist?
Answer Brad,
I am assuming from your post that your plans include filming and producing your own content.
Unfortunately there is no simple answer, and a little bit of background is necessary:
In 1988, the California Supreme Court in a case named People v. Freeman. decided that pandering laws could not be used as a "tool to impose a system of governmental censorship of erotic materials." Effectively, this means that the production of adult content in California is not pandering on the part of the producer, nor prostitution on the part of the performers.
With the explosion of adult content on the Internet since the 1990s, and the fact that very few pandering or prostitution charges were brought against adult performers or producers, it has generally been assumed that such content could be produced in the U.S. without risking these types of charges.
That being said, no other state in the U.S. has considered the decision in the Freeman case, which means we don't have a definite answer how other states will handle it. New Hampshire and Rhode Island have certain laws or court decisions which MAY, under certain limited circumstances, permit certain forms of adult content production. However, it is safe to assume that the more conservative jurisdiction you produce your content, the higher your risk.
Additionally, any adult content that is considered "obscene" under the definition of the U.S. Supreme Court, is also prohibited and illegal.
How does this apply to you? Your best bet is to have a qualified attorney give you an analysis based upon your particular situation - where you are producing and the nature of your content. If you'd like to contact me, you can do so through www.adultwebsitelawyer.com.
