Expert: Dan Pepper - 2/9/2011

Question
1)   U.S.C. 2257 record keeping: If we keep our own records in CA can the mailing addresss be a PO box or do we need an actual address.   Should we keep our 2257 records on a separate computer just for this use?  What are the usual costs of having a lawfirm as yours keep these records?

2) Are there any laws restricting how we can publicize our adult website with merchandise (t shirts hats cups etc.)   Can we go to adult conventions and publicize our website in Texas, CA or Nevada?


3) Should my partner and I we set up a LLC or incorporate our business to protect our personal assets. If so is there any state that is better to set up our LLC or Corp.   We see many of the online businesses have chosen NV?  Which is better? Should we form a Limited Partnership to raise funds for set up and operations of our adult film/adult web site company?

4)   How do we protect ourselves from an adult model suing us for getting pregnant or claiming that they where raped or forced against there will on set.

5) What do we do to protect our 2257 records if we are given a fake i.d. and video or photograph a minor is that a go straight to jail card?

6) What states must adult models be over 21 vs. 18  to be filmed?

7) What is the Adam Walsh act and how does an adult film producer not run afoul of its criminal penalties?


8) What is the Child Protection restoration and Penalties Enhancement Act and how does an adult producer/web site comply with it?

9) How far can you go and how much can you show in web page tour pages before you click the over 18 adult material disclosure box?


10) Do you need any special license or paperwork to sell adult videos via US MAIL?  Should this happen from CA only?

11) Who can inspect our 2257 records?


12) Does an adult model or actress have a right to get a copy of our 2257 records?


13) Does a model or actress have the right to get a copy of the release she or he signs?

Answer
Michael,

Your questions require detailed and comprehensive legal responses, which I cannot provide in this forum.  The answers will also depend heavily upon your particular situation, jurisdiction, and specific nature of your business plan, and may greatly vary depending upon those specifics.

I'd recommend you contact my office for a consultation and we can chat about your questions in more detail.  The easiest way to do so is through my website at http://www.adultwebsitelawyer.com