Adult Film/my website


Question
Hello I am interested in making a website where I film the.content and am involved in the.scene like "POV" porn, how can I copyright my.content and would I have.to make a "business" or could I just film and put it on a website

Answer
Unfortunately there is no simple answer.

A little bit of background is necessary:

In 1988, the California Supreme Court in a case named People v. Freeman. decided that pandering laws could not be used as a "tool to impose a system of governmental censorship of erotic materials."  Effectively, this means that the production of adult content in California is not pandering on the part of the producer, nor prostitution on the part of the performers.

With the explosion of adult content on the Internet since the 1990s, and the fact that very few pandering or prostitution charges were brought against adult performers or producers, it has generally been assumed that such content could be produced in the U.S. without risking these types of charges.

That being said, no other state in the U.S. has considered the decision in the Freeman case, which means we don't have a definite answer how other states will handle it.  New Hampshire has a court decision which MAY, under certain limited circumstances, permit certain forms of adult content production.  However, it is safe to assume that the more conservative jurisdiction you produce your content, the higher your risk. Regarding POV style porn, it is my opinion that run a much higher risk of pandering or prostitution, as that type of content may not receive the same sort of protection afforded in the Freeman case.

Additionally, any adult content that is considered "obscene" under the definition of the U.S. Supreme Court, is also prohibited and illegal.

Copyrighting content can be done relatively simply, but bear in mind that once you create your own content independently, you automatically gain copyright protection. You are able to register your copyright at the federal level by going to copyright.gov.

How does this all apply to you?  Your best bet is to have a qualified attorney give you an analysis based upon your particular situation - where you are producing and the nature of your content.  If you'd like to contact me, you can do so through adultwebsitelawyer.com.

Adult Film

All Answers


Answers by Expert:


Ask Experts

Volunteer


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)

©2016 About.com. All rights reserved.