You are here:

Adult Film/Personalized movies

Advertisement

Expert: - 2/7/2010


Question
I'm considering starting a business that will involve going to a couple's home and recording a personalized adult film starring them. There will be no other actors involved and the couple would be the only people recieving a copy of the film. What laws might I run into if I start this type of business?

Thanks for your time!
~Jane

Answer
Although you MAY not be required to comply with the federal record keeping and labeling requirements (found at 18 USC 2257 and 28 CFR 75), you'll need to ensure that the participants are at least 18 years of age.  Additionally, if the nature of the couples' activities are considered obscene, you may be liable for aiding in its production.

I say that you MAY not be required to comply with 18 USC 2257, because if the film is subsequently offered for sale or commercialized, the obligations contained in these regulations may then apply to you.

Naturally, a comprehensive agreement should be structured between you and the couples that addresses these, as well as other issues including copyright, payment, and ultimate use of the video.  And you should take great care in the manner in which you advertise and market this business.

Adult Film

All Answers

Answers by Expert:

Ask Experts

Volunteer

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)

©2012 About.com, a part of The New York Times Company. All rights reserved.