New Pornstar Interviews - [more]
Introducing Dallas Rea

"I’m very submissive so I love being bossed around and told what to do."
Participate...

log in
register
Browse...

Etiquette
Active Topics
Popular Topics
Member List
Search
All Forums > The Porn Pool > The Porn Pool Forum Page 350 > HELP! Legality of Adult Blog
AuthorPost
Harry_ Palms08
Member

371 Posts
5/08
Posted - Dec 6 2010 : 6:45PM
I'm hoping someone on here who may know some of the ins and outs of the business could help me out.
Ok, so I have been running this adult blog on blogspot.com for a few months now, it is strictly a hobby and I make no money off of it. The site deals with adult content such as Adult Movies, Pics, News, etc. All models are pornstars so there is absolutely NO CP or anything like that.

So I was kind of thinking the other day of whether or not what I was doing was legal or not. I currently live in Texas where I know it is illegal to shoot or make porn, but does that include blogs? I tried looking this up but found no answer, and I thought maybe some one on here has some information or advice.

Basically, I don't want to be doing anything illegal, and would be willing to shut down my blog if it was deemed so.
If anyone wants I can provide the link to my blog, to see the content, this is not a shameless promotion attempt.
ANY help or information would be appreciated, I really have no idea where to find this out at.

[Link]
pornlaw
Member

578 Posts
10/05
Posted - Dec 6 2010 : 11:59PM
Your biggest issue is that you dont understand 18 USC 2257. You are hosting hardcore pics on your blog which would require you to have the age verification documents on all the actors and actresses in the pics you have posted. For example - all the back covers of the DVDs.
Under 18 USC 2257 you are a secondary producer and have a legal responsibility to make sure that all actors/actresses are 18 yrs and older. You can no longer rely on the primary producer to check the IDs and keep the records.
Its the reason why ADT will not allow you to post images such as hardcore pics on their site.
You dont have a 18 USC 2257 notice on your site. Which means that you have violated the law in two different ways - record keeping and notice - both of which are punishable by 5 years in prison for each instance. 10 boxcovers = 100 yrs. Possibly more if each picture is a violation.
There are other issues but thats the one that jumps off the page...
Just to cover my ass ---
"This post is not intended to be relied upon as legal advice. By reading this there has been no intent to create an attorney-client relationship. We strongly urge everyone to consult and retain an attorney in your state if you are considering operating or working in the adult entertainment business."
Good-luck,
Michael
Edited by - pornlaw on 12/7/2010 12:01:22 AM
Go To Top of page
[Link]
Harri Patel
Senior Member

#SDNY he's all yours. -- Michael Steele
5110 Posts
3/03
Posted - Dec 7 2010 : 12:14AM
monopoly-go-to-jail-card.jpg
Go To Top of page
[Link]
ninja1
Senior Member

2939 Posts
1/08
Posted - Dec 7 2010 : 3:00AM
dude_ur_screwed.jpg
Go To Top of page
[Link]
Brummie
Senior Member

3389 Posts
1/09
Posted - Dec 7 2010 : 3:35AM
If I were you Harry I'd close the blog down straight away.
Go To Top of page
[Link]
 
Smiler Grogan All-Star Supporter
All-Star Member

the war cry
14790 Posts
1/08
Posted - Dec 7 2010 : 8:00PM

jACK.jpg
"I'm being charged with a crime? Is that what this is? I'm being charged with a crime? This is funny, that's what this is. You fuckin' people...you have no idea how to make good porn!"
Go To Top of page
[Link]
HeyNow All-Star Supporter
Oblivious

Gold Star Hey!
5965 Posts
1/03
Posted - Dec 9 2010 : 3:27AM
So Harry (or whoever might have a blog) takes off the hardcore images (back covers, etc) would he be okay? If he's just reviewing porn, commentary on the news of the day, pornstar talk, etc. with the R-rated front covers and other images that we think of as being ADT safe, what other issues might there be?
(To be clear, I have no interest myself in porn blogging.)
Go To Top of page
[Link]
pornlaw
Member

578 Posts
10/05
Posted - Dec 9 2010 : 10:24PM
Generally yes, but there are a lot of other legal issues to running an adult blog site.
I usually spend 3 hours consulting on the legal issues of starting and running an adult site and that barely covers the basics.
So its a little too involve to say here, but here are some of the topics I cover;
1) Trademark law
2) Copyright law
3) Obscenity
4) 18 USC 2257
5) Conspiracy issues - linking to illegal sites
6) Terms of Service
7) Privacy Policies
8) DMCA
9) Disclaimers
10) Entity formation
11) Child Pornography issues

I could go on but it gets complicated and more involved.
Michael
Go To Top of page
[Link]
MorganKane
Senior Member

6037 Posts
10/10
Posted - Dec 10 2010 : 12:04PM
I'm just wondering, would the porn industry actually spend time and money taking his blog down when he's actually promoting the porn industry?
Go To Top of page
[Link]
pornlaw
Member

578 Posts
10/05
Posted - Dec 10 2010 : 5:12PM
Possibly. I have seen programs go after blogs especially when they have the programs name in the TLD.
I have gone after TLDs that contain my client's TMs in them as well. For instance if I represent Suzie Bigtits and you have a blog www.SuzieBigtitsIsGreat.com - you will probably lose that domain name unless it fails under one of the exceptions.
If you have been making money off the site then you will probably lose that as well.
IP law is not always fair....
Michael
Go To Top of page
[Link]
All Forums > The Porn Pool > The Porn Pool Forum Page 350HELP! Legality of Adult Blog

Previous topic: How to know what is illegal in US?
Next topic: Analingus



Jump To: