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Adult Film/Replicate and Distribute an adult film of mine


Question
My friends and I produced an adult film back in 2006. It's actually really high quality great stuff, produced and filmed in Columbia. I have the full rights to the film, pictures, music etc......... I was the Executive Producer. We never ended up doing anything with the final product but now I'm ready to sell it. What would be the best way to go about it and what possible liabilities do I have selling it? All actors/actresses were over the age of 18 at time of filming.

Answer
Before I or any lawyer could give you any practical help, there is much more that needs to be confirmed.

You say that you have all the rights. That's a conclusion. Who says? Do the written agreements hold water, are they enforceable, were they entered into under the circumstances that can lead to enforceable contracts?

That all performers were 18 years of age at the time of production is only the start of legal compliance and only avoids very serious child pornography charges. Beyond that, it is a federal felony punishable by five years in prison not to comply in every respect with another federal statute that requires many obligations to be fulfilled that establish a documentary record establishing the identity of the performers, indexing those records in a very particular fashion, and making them available for federal inspection for seven years, also in a very particular fashion. Is this Content completely compliant with Section 2257? Who says? The regulations have changed several times during the time period referenced. Any lawyer would have to look at the original records to see whether you have a merchantable product that could be sold and lawfully published now.

The liabilities that you face, which you ask about, depend on the particular facts. And there is no way to avoid it, if you want to know what risks appear in your content, you need to consult with an attorney competent and experienced in this area. I invite you to contact me through my site at http://www.xxxlaw.com or any of the several dozen attorneys in the US who have experience and competence in handling adult video productions.

Before you do anything at all to sell your video, you need to know what those liabilities are and handle any issues that arise. Because you seem to have no track record as a well-known and respected producer, you can easily imagine that no smart distributor or webmaster will risk doing business with you without looking at this content and its compliance seven ways from Sunday.

All best wishes,

JD

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J. D. Obenberger

Expertise

Numerous trials, including jury trials, criminal and civil since 1979. Obscenity. Section 2257. Copyright. Trademark. Communications Decency Act Section 230. Right of Privacy/Right of Publicity. Defamation/Libel/Slander. Warning Pages. Adult Internet Sites. Strip Clubs/Gentlemen's clubs. Massage Parlors. Prostitution. I am the author and operator of http://www.xxxlaw.com, the most comprehensive online legal resource concerning the law of adult entertainment online.

Experience

I've been an attorney for 34 years, nearly 20 years as an attorney concentrating in adult entertainment law. Have spoken at 72 adult webmaster show legal seminars and forums in six nations, seven American states, and three provinces of Canada, have appeared on the O'Reilly factor concerning obscenity, have been published by Thompson-Gale. Full qualifications at xxxlaw.com. My firm, J.D. Obenberger and Associates has provided representation in both criminal and civil matters for adult content producers, the operators of adult online businesses, as well as brick and mortar adult operations for nearly twenty years. We provide legal strategy, forms, protocols, and guidance for every kind of adult operation. Our clients find us available 24/7/365 in every emergency. My background includes numerous jury trials including the defense of major drug case in federal court on the Mexican border at Brownsville, forgery, sexual assaults, gun offenses, aggravated kidnapping, and such civil matters as pharmaceutical malpractice, premises and construction liability, and personal injury. I have prosecuted cases in the name of the United States while serving as a Captain in the United States Army Judge Advocate General's Corps. I have represented and advised clients in every part of the United States and from Hong Kong to Budapest. I am a regular columnist for XBIZ World and have published numerous articles in AVN and AVN Online and for YNOT.

Organizations
First Amendment Lawyers' Association, Free Speech Coalition, National Rifle Association, American Legion.

Publications
AVN, XBIZ, YNOT, Online Pornography, published by Thompson-Gale.

Education/Credentials
Doctor of Law, 1979, University of Wisconsin Law School. Dean's List. Graduate, National Institute of Trial Advocacy. Guest Lecturer, John Marshall Law School. I have presented Continuing Legal Education for practicing attorneys. Undergrad BA, the University of Wisconsin, double major in Political Science and History. Graduate, 90th Basic Judge Advocate General's Course on the campus of the University of Virginia.

Awards and Honors
Army Commendation Medal awarded as a Captain, US Army Judge Advocate General's Corps, as the most requested criminal defense lawyer in the US Army, Europe.

Past/Present Clients
No legal issue too great or too hot to handle, no client too small to deserve zealous and effective representation.

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