Expert: Dan Pepper - 12/7/2010

Question
Ok I'm a. 27 year old male from nyc . I went out and brought a nice hd cam. Recorder. I have the location and I'm about to get website. Also I have. Some real hot women that's willing to work for me.  Now what I'm asking is that how would I. Get started. With my adult. Porn company.   I want to know the paper work side of things.  Like do I need a permit or lic to film and sell porn.  If so how would I get that. Another question is that. What type of business. U think I should start. Its just me. And I will be the owner. Ceo.  .  All I want to know is the steps. I should take now  that I have the cam recorder. I have actors. Male and female.  And I'm good at editing . I been studying adult film and business for a long time now . And I'm ready to make this whole thing work.

Answer
Tony,

Congrats on getting the ball rolling!

There are a number of issues and areas you should address.  You've correctly indicated that you need to form a business entitythat will protect your personal assets.  The type of entity, and the jurisdiction in which to form it, will depend upon various factors about your personal situation.  Financing, taxes, anonymity, and other factors all come into play.

Regarding documentation and other requirements, you'd need to consider:

1.  Model release agreements for your talent.
2.  A content license agreement, if you are licensing your content to affiliates or other third parties.
3.  Compliance with the federal record keeping requirements, commonly referred to as the "2257" requirements.

Depending upon how you plan on recruiting your talent, you'll need to ensure that you do so legally, so as not to violate applicable pandering or solicitation of prostitution laws.  If you plan on doing this in NYC, there are very specific steps I would recommend you take to minimize your risk.

You did not indicate whether or not you plan on distributing or hosting your content online, but if so you'll need to consider:

1.  Website terms and conditions, as well as a privacy policy
2.  Traffic referral programs terms for any affiliates
3.  Acceptable use policies for bulk mail for any affiliates
4.  Appropriate 2257 notice(s).

This is just a broad outline - there may be other requirements your particular operation may require.  Other matters like copyright and trademark protection, and other corporate governance matters have not been discussed.

It would be foolish to enter this business without retaining a qualified lawyer that can assist you with these matters.  Getting it wrong can mean thousands of dollars in fines as well as jail time.  If you'd like to discuss this with me further, you can contact me at http://www.adultwebsitelawyer.com

I'd also recommend you visit Ray West's website at http://www.adultvideobusiness.com/  He has LOTS of great information about doing well in this industry.