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Adult Film/Serious ? Jim Boyd called a fake ?

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Expert: - 3/2/2010


Question
Hello Dan,
Maybe you could answer a serious question I presented to Jim Boyd who called my question a fake. Me and my wife were thinking about starting a legitimate business in which we would try to sell the "adult film cameraman experience". We live in Connecticut and have a bit of an exhibitionist side. We have often filmed ourselves but recently noticed alot of requests on adult personals websites of men who would like to watch/film couples engaged in sex. Since it is our understanding that filming for money is illegal except in California, and live sex shows are also illegal, would marketing as such be legal? Would the First Amendment protect us if all footage was purely for our personal art collection, or if the footage was destroyed or cameras were not loaded with film at all? Wondering if there is a potential loophole that would allow such a business to exist. Again, this is a serious question and would appreciate a serious answer. Thank you for your time.

Answer
Mark,

My practice is not to comment on other "experts" on this site, but I'm not sure I understand your question.

If you are "marketing" your films, wouldn't you also be subsequently be selling them?  how would you filming you and your wife for purely personal purposes, and then turn around and market/sell it?  

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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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