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Adult Film/2257 Compliance for Affiliate Base Sites

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Expert: - 9/18/2011


Question
What is a typical strategy for an affiliate site (does not produce any original content) to maintain 2257 compliance?  

I haven't found any affiliate providers that make it easy to get a copy of the 2257 records, and have been told by primary producers more than once that, "we have the records, so you don't need them".

From reading your previous answers, I'm pretty sure that affiliates are required to maintain a duplicate copy of the records, but given the difficulties I mention above, how are people actually doing it?

Answer
Mary,

Your issue is a very common one.  Most affiliate programs do not comply with the 2257 regulations by not providing affiliates with the records.

The other option is to modify your affiliate agreement to indicate that the primary producer agrees to act as your third party custodian for those records.  You can then point to the primary producer's custodian location on your own website.

The language to include in the affiliate agreement must be very specific, however.  If you'd like to discuss further, feel free to contact me through my website at http://www.adultwebsitelawyer.com.

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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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