Expert: Jim Boyd - 12/13/2007

Question
Hello again. I have two questions for you, one hypothetical, the other not quite so.

The first question is the hypothetical. I have recently been considering starting an adult production company, but due to answers from you, have reconsidered such actions. I understood that to hire performers was illeagal, and that to film non-paid individuals with the intent of selling such work was risky. But I have a third option, to which I beleive that all the other considerations (including 2257 regulations) might be answered in such as way as to avoid the pitfalls of the previous two methods. That option I now offer for consideration and comment.

What if I begin a production company that neither hires talent, nor merchandises any productions? In specific, what if I simply offer my equipment, production facilities, and knowledge to others? I would charge them to film and produce their patries, private sesions, outdoor activities, etc., and in return give them the production to do as they see fit. I would in no way be responsible for the attendence of any individual, would not be involved in any sexual activity, and would not offer any material (other than production services) for sale. Since the 2257 regs are aimed most squarely at production for sale, and state regulations involve only the procuring of individuals for sexual activity, it would seem on the surface that I would be clear on both counts. The individual involved in hiring me would be the one who (should they decide to sell the production) be liable for any Federal charges, and since none would have been hired to perform sexual acts, there would be no problem with solicitation (except in one small Texas town).

Now as to the second question. In addition to photo/video production, I am also a software producer. Recently I have begun a software system to handle the 2257 filing and tracking requirements (no legal questions or advice, simply a database to handle the physical requirements). I am wondering if there would be a market for a rather robust program that can do all that the Feds require? Any thoughts on the efficacy or marketablity of such an item?

Thanks in advance, I look forward to your answer.

Answer
In your hypothetical scenario, you are operating under the assumption that USC Title 18 Section 2257 and CFR Title 28 Part 75 only apply to productions intended for commercial distribution. This is an INCORRECT assumption.  In fact it has nothing to do with distribution at all, commercial or otherwise.

The Federal Laws pertains to the PRODUCTION of Adult Material. Simply put, if you film/photograph people engaged in sexually explicit conduct (including mere nudity) then under the Law you are in fact a “Primary Producer” and fully responsible for the collection and maintenance of the required documents and records, regardless of the final disposition of the product. The Law does not care if it is distributed or not.


As too your second question:

There are currently a dozen or so software applications that are widely used by Adult Industry professionals. So understand you would be entering a very competitive market with a very limited client base as compared to other software applications. But, I’m sure there is room for one more if your product is variable. When you get it ready for testing send me a copy and I’ll be happy to provide you with my input.

Jim Boyd