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Expert: - 8/23/2010


Question
Hi Dan, I have a quick question here, I know I need to seek legal advice but I want your input first.. I'm thinking of starting a fetish site, having to do deal with light bondage. There will be no nudity, no pain, no sexual acts at all, and models will be over 18 years of age. However, I live in the state of Georgia but a lot of the models want the photoshoots to be in Florida. I want to eventually put these pictures on a site, like a paysite. However, I'm unsure if Georgia considers this "pornography" or "BDSM" and if its legal.. I seen a few other fetish sites in Georgia but they aren't the pay site kind. Do you know if thats considered pornography or obscene material?

Answer
CJ,

Pornography in and of itself in the U.S. is not illegal.  Obscene material is, and the determination of what is obscene is an extremely difficult determination.  In general, light bondage has not tended to be the subject to obscenity prosecution.  Also keep in mind that when you run a website, the determination of obscenity can now be made ANYWHERE your content can be accessed (which, of course, is anywhere).

There are a few strategies that can be employed to reduce your risk.  I STRONGLY advise you consult with an attorney who is experienced in this area before you start your venture.

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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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