Expert: Jim Boyd - 12/16/2010

Question
Hi Jim,

From the posted comments it is clear to me I want to shoot adult film in Los Angeles for both legal and practical reasons.  Would I be risking trouble with authorities if my production company is an out of state corporation, and if film editing part is done in my home state rather than California?  I understand that I will need to register with the State of California to operate in California as an out-of-state corporation and that I will need a registered agent, who resides in California.  Would such an agent also be the custodian of the 2257 records?  Would an adult film industry attorney be the custodian of records or are there people that offer such services?  Can adult internet sites be outside California as long as the physical records are in California?

Thanks

Answer
Hi Bert,

You have several questions here so I will address them one at a time.

Q: Would I be risking trouble with authorities if my production company is an out of state corporation, and if film editing part is done in my home state rather than California?

A: There are no legal issues, that I am aware of, that would prevent an out-of-state company producing Adult Films in California or prevent you from doing your editing and other post-production work in other States...provided, of course, that such post-production work does not violate any local laws.

Q: I understand that I will need to register with the State of California to operate in California as an out-of-state corporation and that I will need a registered agent, who resides in California.  Would such an agent also be the custodian of the 2257 records?

A: Federal Law does not require that your 2257 records be maintained in the State of California...so your California based Agent can be your Custodian of Records, but it is not required.

Q: Would an adult film industry attorney be the custodian of records or are there people that offer such services?

A: You are definitely going to want an Attorneys who specialize in Adult Industry Law to work directly with you while you are in the early stages of building your business and finding one who also offers 2257 record keeping services would definitely be the smartest move you can make...however, it is not required that you use an Attorney to maintain those records.

Q: Can adult internet sites be outside California as long as the physical records are in California?

A: Again...Federal Law does not require the 2257 records to be maintained in California. Adult Sites can pretty much be operated from anywhere in the country...they just have to go to California to legally produce their content.

Be careful not to confuse the Federal 2257 Laws with individual State Laws. The federal Law is all about record keeping and Age/ID confirmation...they have no bearing on the fact that California is the only State that allows for the Legal Production of Adult Material.


I HIGHLY RECOMMEND you visit www.2257safe.com a 3rd party 2257 record keeping service owned by Fattorosi & Associates. They are without doubt the most qualified Adult Industry Attorney's in the Country.