Adult entertainment is a multi-billion dollar worldwide industry and in turn, there are numerous laws and regulations which companies and individuals must follow in order to avoid serious civil and criminal liabilities. Ensuring that your business is compliant with the laws and protected from liability is essential to success in the industry.
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Model Release – Before considering any adult productions, it is necessary that you have a comprehensive model release to maximize your protection from liability. It is important to have these documents customized to your particular situation in order to increase your protection.
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Terms and Conditions – Terms of use for adult websites or apps require particular provisions to be included to ensure that your service receives the maximum protection from liability and also that the visitors of your website or app are properly informed of the terms and conditions of accessing or utilizing your service.
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2257 Compliance –18 U.S. Code § 2257 provides for strict guidelines for the keeping of records regarding adult productions. It is mandatory that your production or website contain the necessary disclaimers in order to be compliant with the law.
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Copyright – As with other mediums of entertainment, copyright laws will protect your content from infringing uses.
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Trademark – In addition to protecting content, protecting the brand and product of your business helps to ensure that your brand and reputation remain intact.
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Obscenity – Whether content is considered obscene, and therefore unprotected speech, depends on local community standards. It is important to be aware of the applicable laws before creating or distributing content which may be considered obscene.
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Communication Decency Act Section 230 – 47 U.S.C. § 230 provides immunity from liability for providers and users of an “interactive computer service” who publish information provided by others. It is important that your online business be able to take advantage of this statute to avoid particular forms of liability.
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Privacy Concerns – Whether you are an actor or producer of content, privacy issues are at the forefront of many concerns.