Protecting yourself Legally

Just because you’re going to be providing products and services to people that will bring them pleasure, excitement and happiness, doesn’t mean that the adult industry is not very serious. There are laws that are setup to protect models, visitors, and more importantly, yourself. We’re certainly not lawyers, and our advice should not be a subsitute for actual legal counsel, but consider it more of a brief overview of laws and standards you need to implement to have continued success.

18 U.S.C. 2257 – This is the big one. Familiarize yourself very well with this law because you will have to adhere to it very strictly.

(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter which—

  1. contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and
  2. is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;

shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.

(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct—

  1. ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;
  2. ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and
  3. record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation.

(c) Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.

In a nutshell:

If you have dirty pictures on your website, you need to maintain documentation that anyone in those pictures are 18 or older.

Regardless of whether you bought the content, stole the content, or created it yourself, you need to have access to the documentation.

The documentation is usually a model release, scan of the model’s Driver’s License or state issued ID card and a photo of the model posing with that ID. You will need to have this information available for any law enforcement official who requests it. If you’re buying the content, the provider will make this access available to you. You will post text on your website, that includes a disclaimer and the contact information for your Custodian of Records. They typically look like this::

18 U.S.C. Section 2257 Record Keeping Information

In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons that appear in any visual depiction of actual or simulated sexual conduct appearing otherwise contained at www.domainname.com were over the age of eighteen (18) years at the time of the creation of such depictions. Some of the aforementioned depictions appearing or otherwise contained at the site contain only visual depictions of actual sexually explicit conduct made before July 3rd, 1995, and, as such, are exempt from the requirements set forth in 18 U.S.C. § 2257 and C.F.R. 75.

The operators of this web site is not the primary producer (as that term is defined in 18 U.S.C. section 2257) of any of the visual content contained within. The original records are kept by the following Custodian of Records:

John Doe

123 state streed

Van Nuys, CA 91405

USA

All external links on www.domainname.com are the responsability of the pointed sites owners respectively since we don\’t have any control over the content of these sites. Please refer to the linked website for any inquiries about subject.

With regard to the remaining depictions of actual sexual conduct appearing or otherwise contained at www.domainname.com, a copy of the records required pursuant to 18 U.S.C. § 2257 and C.F.R. 75 are kept at the following location by the Custodians of Records. For any inquiries pertaining to any models/actors/actresses shown on these pages, please contact:

Porn company

123 state streed

Van Nuys, CA 91405

USA

Most of the time, you’ll be buying content and when you do you will recieve the 2257 information from the content producer. If you’re going to produce and create your own content, then you will need to get these documents yourself.

Choosing the Right Adult Content

Now that you’ve decided on a domain name and a theme for your website, you can move on to the fun part. Choosing content. Typically you will need pictures, videos, streaming video which will interest those who visit your site. Some sites can be profitable if you have a digital camera, creativity, and a few open-minded, kinky friends. There are some sites that cater to offering candid pictures that are submitted by its members. There are sites that are simply girls who chat live with others using webcames. We have an entire section devoted to adult contenr providers, so brows on over there and you can see what they have to offer. One word of caution that deserves to be repeated. NEVER use under-age models. There is a difference between Adult Material and material that is not only illegal, but immoral. We all know where that ultimate line is drawn and staying on the safe side of the line will allow you to remain profitable and out of legal woes.

Quality vs Quantity

We all have a sense of frugality in us. When you’re at the grocery store, we’ll tend to go for items that are “buy 1 get 1 free” or 50% off. You’ll experience the same type of pricing in the adult content industry. There was a time when content for an adult website was a bit on the pricey side. Nowadays, adult content providers is an industry unto itself and there are plenty of providers trying to give it away. One common theme is that 1 affiliate will over free access to 4-10 additional sites as part of their membership. Thats now gigs and gigs of data that is being strewn about for practically nothing.

Let’s start thinking of your content in terms of 2 things. Premium content and Filler. Buy all the 10.00 packs, and overexposed content you want and use it for your thumbnail promotions, your free galleries, promotional pages and forum posts. Use this cheap content as a way to play with your site. Experiment with various genres and start dipping your foot into the many pools that adult sites will make available to you. You’re not going to make a dime with this content, so use it to hone your skills and as a learning experience. If you have any doubts, ask yourself this. If this content is costing 10.00 for a set of 200 images, how many other webmasters have purchased this and offering it on their site? The answers is, countless. This is Filler.

You will not make a dime in this industry if you are not willing to send money. The old adage holds true, “You need to spend money, to make money”. We’re not saying that you should mortgage your house and buy premium content and sit back and watch the money pour in. We’re saying that you should do this intelligently. Choose a domain, get a cheap hosting account, buy some content and take it slow.

Now that you’ve played around a bit and you’re ready to move on and make some money, you’re going to want to buy some quality content. The reason why its called quality content is because there are less people that have purchased it, and its much better content than you’ll see on the typical affiliate site. This means thats since it costs more than your bargain basement content, that not every weekend webmaster is going to have it.

Be on the lookout for terms like Limited, Exclusive, Semi-Exclusive. If your budget allows you can certainly have a content provider take custom content for you and you alone. This is content that they will not sell to anyone else and will be exclusive to your website. This is how the big boys do things. The high-end paysites hire photographers, wardrobe , makeup artists, set designers, and talent to produce exclusive content. Although this is the most expensive way to go, this puts you ahead of the competition because they do not have access to this kind of content.

Semi-Exclusive or Limited content is less expensive and more readily accessible. Limited release refers to when a content provider is going to sell their product to a set amount of webmasters. For example, if you buy a collection of videos of college coeds home alone with a Semi-Exclusive relate, that license will guarantee that only you and say, 10 other webmasters will have that content. As you can see, this puts you at a significant advantage and your competition with that content goes down significantly.

The goal here is that you want pics and videos that almost nobody else has. Ideally, you want a model that you can build a membersite around. You want content that will get people begging to pay you to let them download it. You want to give people a reason to keep paying you month after month. Which brings us to another subject you should be ready for. Updating your content. Its a good rule of thumb to be prepared to update your website with a new picture set and video at least once a week. This will keep people coming back time and time again.