Expert: Jim Boyd - 12/2/2007

Question
Hi Jim -

Thanks for taking the time to answer these questions - truly a valuable and
informative service! I have three small questions for you.

From reading your past answers, its clear that the only place to legally film
adult content is in California.  I was wondering on the legality of a business
operating from another state, lets say for example Arizona, yet filming in
California. While the filming would occur legally in California, am I entering a
legal gray area with the chain of title and option of the material belonging to
a company based in another state?

I was also wondering if you could tell me on who exactly I contact about
obtaining the correct permit, and the fee associated with such permit.

Finally, with all the 2257 regulations, I have been reading up on computer
based solutions, such as ZEI2257.  I was wondering if you have had any
experience with this or other software solutions available?

Thanks in advance!

Answer
Hi Patrick,

As far as I know you should have no legal problems at all with owning and operating an Adult site from the State of Arizona, as long as you do not try to produce any sexually graphic video/photographic content within that State.

Arizona does not require any special permits for the operation of Adult Web sites; however, you are be required to obtain a business/privilege permit in order to operate an online business there. I would suggest you contact a local Attorney to get the specific details on the requirements for online business in your area.

When it comes to Title 18 Section 2257 and Title 28 Part 75, you may want to keep in mind there have been some recent revisions to these laws.  I would STRONGLY suggest you speak with an Attorney who is well versed in Adult Industry law before venturing into any type of Adult business. Compliance has become a much more complicated and painstaking thing as a result of those revisions.

I personally am not familiar with the ZEI2257 software that you mentioned. However it is one of the few products endorsed by The Free Speech Coalition, and seems to be widely used by small Adult Business owners across the country.  After doing a little research on their web site, it seems to be exactly what someone in your situation would need to use, so it’s a purchase you should consider.

Good luck
Jim Boyd