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Adult Film/Shooting productions abroad

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Expert: - 1/28/2011


Question
I understand California is the only state where it's legal to produce adult productions.  My question is how to make adult content abroad, and then selling the videos or photos here back home.  I've seen many porn videos made in Greece, Brazil, etc.  How do the production companies deal with the illegality of not making the productions in California?

Answer
Andrew,

Each country has its own laws regarding production of adult content, so I cannot comment on how each country handles it.  However, if you plan on distributing content in the U.S., you will, at the very least, need to comply with 18 USC 2257 and 18 CFR 75 when you contract with your talent.

If you are asking how it's possible to produce content in the U.S. outside of California, the answer is more difficult.  California and New Hampshire are the only states in the country which have court decisions that protect the production of adult content.  In every other state you bear the risk of solicitation of prostitution or pandering charges.  If you review some of my past posts, I describe in more detail this legal landscape.

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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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