So what would be the first step in contacting a major studio ! Afterall all dvds would be imported from the States i imagine. So where would i start on contacting these studious etc

Thx

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There are some fantastic sites on the web that will walk you throught the entire process, and assist you in setting up your on-line store. Google is your friend.

Check out the ynot.com and theadultwebmaster.com forums, those guys are experts in setting up sites and on-line stores. They are geared more for on-line content, but the information will apply to what you want to do. I would suggest lurking the forums before posting, because even though the folks are very helpful, they don't like to waste their time on fresh newbies or wannabees.

micfo.com is a great site that offers virtual/dedicated servers at low prices, and has no restrictions on adult content.

You will also need to contact several attorneys, not only for financials, but also for 2257, etc. Yes, even on-line stores need to be concerned about 2257! For starters, check out Anthony Comparetto's www.adultsitelaw.com. Good info, forum + downloadable forms, etc.

It also wouldn't hurt to know HTML, Perl, etc. so that while you're starting out, you could make updates on your own without paying someone else.

Hope this helps.

Edited by - ejac on 2/16/2005 12:36:53 AM

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With all the hassle this causes it results in many films never making it to the UK shelves. Some films are never submitted for classification and some are so heavily cut that they are not worth selling.

Then you have to get a sex shop licence which costs a few grand just to apply (note APPLY). You can not legally sell adult dvds via a website/mail order. This is to prevent minors viewing adult films (oddly this does not apply to adult magazines).

You may find it easier to set up abroad. Another forum member named Jacco has done just that and runs 'Yourchoice.co.uk' from Holland.

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imreallyfine, is your intent to set up a brick & morter shop, Internet site, or both? Are you planning to incorporate (highly advisable, but know the different types)? Offshore can save $ and offer protection, but KNOW what you're doing. Merchant accounts, etc...?

You also need to consider local zoning issues, trade/service mark for your business, credit card processors, etc... (again, consult an attorney).

Even if you operate in/out of another country, you also need to be aware of those laws once you cross lines. And, I can't emphasize 2257 enough. That alone can land you in the slammer.

There is WAY too much to get into here. In any case, you'll definately need a FEW good attorneys. Get as MANY free initial consults as you can, then be prepared to pay for sitdowns. Everything else is common sense/a lot of leg work.

Good luck!

Edited by - ejac on 2/16/2005 7:27:05 PM

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Jacco

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Also is that true all movies sold in UK must be r18, as im sure ive seen loads of british run sites selling hardcore.

And then if you cna only sell r18 in UK, why was i allowed by customs to bring into the UK over 500 Hardcore dvds, on several different occasions, all packages were always opened and i had to pay just a little extra. Obviuosly i dont think they could have thought that 500 were for private collection, especially when there was duplicated of a few. So why would it not be allowed to sell !!

Thx for help

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Jacco

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Jacco is right to point out that this law doesn't just apply to porn. People have been in trouble for selling 'Bollywood' Indian language films simply because they have not been classified in the UK (ie: put through the censor).

This law is not always universally applied though. While you may be able to bring in 500 non R18 films one week you may be 'pulled up' another. In this forum alone some people ordering similar strength dvds get packages confiscated by UK customs while others have packages resealed and sent on.

You may find it easier to sell from a website as less checks are made. They may assume you operate from abroad. Trading Standards seem to spend more time checking local papers and car boot sales or following up public complaints.

I was prosecuted for advertising in my local paper selling porn dvds mail order. However (then AND now) other people are selling porn dvds via personal delivery through the same papers!
I would assume that 'trading standards' may be less concerned about personal deliveries as you can see who is buying your adult dvds (ie: not minors).

A similar situation now exists in Germany with porn being banned by mail order.

As for this 2257 law, i'm not sure it applies in the UK or Europe. Perhaps Jacco could enlighten us here?

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Applying the law is up to which customs official is working that particular day. Several highranking customs officials have already said in the past that porn is not a high priority, so you just might luck out. And according to their own guidelines, if an unclassified movie does not violate the R18 guidelines set up by the BBFC they will pass it, but this is of course a subjective decision.

If you sell from a website and that website is registered to a UK based company or person, you might still get into trouble.

Trading and Standards are utter bastards, try to get them to go after pirates (and we are not talking about somebody copying a DVD for a friend, but people who sell 100s of pirated movies) and they don't do a thing. See f.i. this thread on the BGAFD.

2257 is a USA regulation and does not apply to non US businesses, but similar local regulations might apply. The reason you see it on a lot of non-US websites is that a lot of them use USA based hosts or creditcardprocessors, who both can require these rules, to avoid them being held liable. And some just do it because putting a notification up on a website is little work and the American DOJ is not coming to visit your Amsterdam or Prague offices to check on those files anyway. You can usually recognize those because they don't mention a person just a company who is the recordholder and 2257 requires a person to be the custodian of records.

(Yes, a course on porn & internet law is almost necessary nowadays)

Jacco

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Credit card processing can also be problematic.

I suppose most larger businesses have their own merchant account. It may be difficult (impossible?) to get a merchant account through a UK bank if you are selling porn and it is not 100% legal.

If you rely on a third party merchant account or payment processor (remember you can't sell porn via paypal or fastpay) you will be looking at fees of 10-15%. This is apparently due to the high risk of credit card 'charge backs'.

How does 'Yourchoice' operate in this respect jacco? Is it alot easier being based in Holland with regard to banking and processing credit cards?

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But we have had our own merchant accounts longer than there was online processing available.

We had a few good reasons to move away from the UK!

Jacco

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