Expert: Jim Boyd - 10/27/2007

Question
Hi Jim,

I was reading through some of ur responses and ur really on point with ur answers....Obviously u have a lot of experience and it shows....Thanks for being such a great mentor....

Now, I've been thinking about producing my own content and building a website but I first want to make sure that all the t's are crossed and i's dotted if u know what I mean....

I have just a few questions to start:

First, I want to make sure that I fully understand and comply with 2257 and CFR Title 28 Part 75....

Is it 100% necessary to pay an attorny to explain these laws and also give me the proper text to put on my site so that I'm in compliance? Can't I just read through the laws myself and also produce the proper text on my own?

I was advised that not only should I pay an attorney for 2257/CFRTitle 18 but that I should also pay them to write up some Terms and Conditions and a Privacy Policy for the website in addition to paying them for help in Copywriting all the content and Trading Marking as well. (Keep in mind I was told all of this by a lawyer that supposedly specializes in Adult/Internet law.)

He also advised me to have a contract written up that I would use when I have my website built so that the company building the site can't stake claim to the site if it should become a success.

What is ur opinion on this? Wouldn't it be suffient enough to have the name of the website displayed on the content itself so that it can not be used without someone's permission? Can a third party stake claim to my content/website just because they built it?

And lastly, in a nutshell what would I have to do to comply with 2257/CFRTitle18 when I get to the point of actually shooting a scene? What are the proper steps to take once I get to this point?

Thanks in advance,
Chase

Answer
Hi Chase,

You have several questions here, so I’ll address them one at a time.

Q: Is it 100% necessary to pay an attorney to explain these laws and also give me the proper text to put on my site so that I'm in compliance? Can't I just read through the laws myself and also produce the proper text on my own?

A: If you feel that you have the legal experience, expertise and knowledge to properly interpret the laws then sure, you can do it yourself. However, I DO NOT RECOMMEND IT.

I have been producing Adult material for 15 + years, and it’s pretty safe to say I know every aspect of it and the legal issues surrounding such a business. However, even with all that experience, I WOULD NOT EVEN THINK of making a move with out first consulting with my Attorneys. Personally I think you would be out of your mind to try to deal with it yourself.

Q: I was advised that not only should I pay an attorney for 2257/CFRTitle 18 but that I should also pay them to write up some Terms and Conditions and a Privacy Policy for the website in addition to paying them for help in Copywriting all the content and Trading Marking as well.

A: The Attorney who advised you on the matters of Terms and Conditions, Privacy Policy, Copywriting and Trademarks was absolutely correct. ALL of these issues should be done with the assistance of a qualified attorney. You may also want to add Model Releases to that list. There is a tremendous amount of legal BS to weed through and attorneys are much better equipped to deal with it than you are.

Q: He also advised me to have a contract written up that I would use when I have my website built so that the company building the site can't stake claim to the site if it should become a success. Can a third party stake claim to my content/website just because they built it?

A: Very good advice as well. ALWAYS protect your investments. I do not know of any instance where a designer has tried to lay claim to a web site, but in today “lawsuit happy society” anything can happen.

Q: Wouldn't it be sufficient enough to have the name of the website displayed on the content itself so that it can not be used without someone's permission?

A: ABSOLUTELY NOT SUFFICIENT. Simply putting the web site name on an image (watermarking) is a good idea for many reasons, but it IN NO WAY legally establishes protection for that image, or establish legal ownership of the image. They only sure way to do this is through copywriting. Simple rule to remember….COPYRIGHT EVERYTHING.

Q: What would I have to do to comply with 2257/CFRTitle18 when I get to the point of actually shooting a scene? What are the proper steps to take once I get to this point?

A: Everything you need to know on how to comply with the Laws is in the legal text. Keep in mind that in addition to USC Title 18 Section 2257 that you must also consider the requirements of CFR Title 28 Part 75. Both of these Federal Statutes are littered with legal pitfalls that would take me weeks to explain on such a forum. If you want to email me directly with a phone number, when time allows, I will be happy to give you a call and attempt to explain some of it too you.

Your best bet and the best advice I can give you is HIRE THAT ATTORNEY.

Hope this was helpful

Jim Boyd
Jimb@sexweb.la