Expert: Jim Boyd - 12/5/2007

Question
I have a few questions I haven't been able to find good answers for and wondered if you might be able to help.

1. Sites hosted outside the us don’t have to conform to 2257 but what if the site is obviously targeting US visitors? I'm assuming the answer is yes -- they have to follow 2257 regulations.
2. Do individual site owners who post pictures of themselves need a 2257 statement? (like a girl who does her own pay site)
3. If pictures are transferred/sold from site to site, do the 2257 records follow the pictures or must the new site contact the model and obtain the model’s information directly from the model?
5. With all the current changes, who does the law apply to anymore? -- online, that is

Any interpretation you can offer is welcome. I haven't had much luck with finding an inexpensive lawyer who can tell me anything other than "it's complex and under change." Thank you!

Answer
Hi Amanda,

You have several questions here so I will answer them in order.

Q:  Sites hosted outside the U.S. don’t have to conform to 2257 but what if the site is obviously targeting US visitors? I'm assuming the answer is yes -- they have to follow 2257 regulations.

A:  Adult sites owned and operated out side of the United States that allow their content to be seen by American users do indeed have to comply with USC Title 18 Section 2257 and CFR Title 28 part 75.

Q:  Do individual site owners who post pictures of themselves need a 2257 statement? (Like a girl who does her own pay site)

A:  ABSOLUTELY. The Federal Laws apply to ALL Adult Material INCLUDING what you have described here and there are NO EXCEPTIONS.

Q: If pictures are transferred/sold from site to site, do the 2257 records follow the pictures or must the new site contact the model and obtain the model’s information directly from the model?

A: Yes, if the Adult Material is sold to other sites the 2257 information MUST follow the material as prescribed in the Federal Laws.


Q: With all the current changes, who does the law apply to anymore? -- online, that is.

A: The Laws apply to EVERYONE who produces, sells, displays, or other wise markets Adult Martial no matter what the media happens to be. The same laws that apply to Adult Films also apply to web based porn.

The legalities of the Federal Laws are quite a complex matter, and the regulations are getting harder for the industry. You really need to speak with an Attorney specializes in Adult Industry law as opposed to the average lawyer.  Adult Industry Law is not something just any lawyer can advise you on.

Hope this helps
Jim Boyd