Expert: Jim Boyd - 12/5/2007

Question
Hi,
Im in Texas and am thinking of becoming a porn movie producer.  Do you know if any permits or licenses are required?  I then plan to send the videos to some established porn distributors like vivid, etc (can you give me some more names), so if I am goin g to send them or publish them online for free, will I require any license?


Answer
Hi Sam,

First off, you will need to plan on moving too California, as you can NOT legally produce Adult Films in the state of Texas. Attempting to produce films in anywhere in Texas will likely land you behind bars on charges related to prostitution and pandering (pimping). The ONLY place in the United States where it is legal to produce Adult Material is California.

Adult film production is legal in California due to a president created by a 1988 decision of the California Supreme Court (California vs. Freeman). As a result of that decision, California became the FIRST AND ONLY state where a person can be legally hired to have sex for the purpose of making adult films. However; producers are still required to obtain permits before starting any such production. NO OTHER STATE HAS SUCH A PRECEDENT!

Vivid is not a distribution company, they are the  largest Adult Film producer in the world and happen to also destitute their own products. I assure you they will have no interest in assisting you or anyone else with your distribution needs. Your best bet would be to distribute your product yourself for a couple of years to build your reputation as a producer. Web sites are a relatively inexpensive way to go about this.

If you plan on making the move to California to peruse this business venture then keep in mind that there are a couple of Federal Laws that you MUST comply with if you produce Adult Material. Specifically USC Title 18 Section 2257 and CFR Title 28 Part 75. Failure to comply with these laws will undoubtedly land you in a world of hurt.

Good Luck with what ever you decide.
Jim Boyd

Reader Follow-up:

Reader Follow-up:

QUESTION:

MrKynky writes on 2007-12-29 13:06:20
I'm having a problem believeing California is the only place you can legally film porn. If this is the case can you explain to me how sites like bangbus and realitykings are filming in Florida?

ANSWER:

I do not know why you are having a problem believing it, because it is a rather simple concept.  As the above answer clearly pointed out, they are quite simply filming in Florida ILLEGALLY!

Just because Adult Material is being produced there, it in no way makes it legal….as Clinton McCowen (owner of Ray Guhn Productions) and Paul Little (AKA Max Hardcore owner of Max World Entertainment) recently discovered. Both of these hugely successful company owners are currently involved in criminal cases due to their production activities in the State of Florida and are facing very serious jail time.

Sex in exchange for money, regardless of reason or circumstance is considered prostitution in the State of Florida AND every other State in the country. California is the ONLY state that issues permits that allow one to legally produce Adult Films. That is NOT my opinion... it is a simple FACT OF LAW.


Jim Boyd