Expert: Dan Pepper - 2/9/2010

Question
Hello,

I want to produce adult films in Florida and I have a few questions.  What kind of documentation is needed to begin making adult films?  What role should a lawyer play in helping me produce adult film and what the average cost of hiring a lawyer?
How do you get a film permit in the state of florida for adult film production?   Finally what is the average cost for making your 1st adult film?

Thank you for your response and your time.

Answer
Sheldon,

To begin, you should familiarize yourself with the general legal climate of producing adult films outside of the State of California.  You can obtain a comprehensive guide that explains this, and many other aspects of starting an adult film production company, by visiting my website at www.adultwebsitelawyer.com.

If you haven't already done so, you should start by forming a business entity that 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.

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

1.  Model release agreements for your talent.
2.  A location release, if you plan on doing your shoots on property owned by third parties.
3.  A content license agreement, if you are licensing your content to affiliates or other third parties.
4.  Compliance with the federal record keeping requirements, commonly referred to as the "2257" requirements (found at 18 USC 2257 and 28 CFR 75).

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.

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.  Prosecutors in Florida have also been active in bringing obscenity prosecutions, so you should take care to review the types of content that have been the subject of those prosecutions.

A qualified lawyer can and should advise you on all of the above, and also assist you on the best business practices to use that can help you save time and money.  I am not aware of any film permits required in Florida, although your particular city or county may have such requirements.  The costs of hiring a lawyer for this sort of work can run anywhere between $2,500 - $5,000, depending upon the lawyer, and the exact set of services you're requesting.  Costs for making your first film also vary widely: $5,000 - $10,000 for a simple, amateur video is probably in line (not including equipment).