Adult Film/law issues

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Expert: - 11/20/2010


Question
i want to start up a adult member website that i guess would be based in the
usa (michigan) where im from but i want to do all my movies in the
philippines and thailand using the local talent there -my problem is i dont
know how to go about this legally . like i plan on being complient with all the
2257 rules but is there a problem because i used foreign models?what steps
do i need to take to make this website  happen .  

Answer
Julian,

There are many elements you'd need to work through.  I don't know what the local laws are in Thailand and the Philippines regarding adult production, so you would need to get guidance from local authorities in those jurisdictions.

In order to be compliant with 2257, you would need to obtain government-issued picture identification from the talent and use a 2257-compliant model release agreement.

I don't know what the nature of the content will be, so you'll need to consider obscenity issues as well.

For your website, appropriate website terms and conditions, affiliate agreements, a privacy policy,  protecting your content against piracy, and various other legal matters need to be considered.

I STRONGLY suggest you retain an attorney qualified in this area to advise you, since there are far too many risks in this industry that can get you into serious trouble.   If you'd like to contact me, you can do so through http://www.adultwebsitelawyer.com

If you haven't already, I'd also recommend contacting Ray West at http://www.adultvideobusiness.com

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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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