Adult Film Making

The Law of Adult Film Making

Tuesday, June 15, 2004

New regulations for adult filmmakers



The Attorney General proposed new regulations relating the record keeping
requirements for adult films and adult websites. Saying he wants to ensure no minors are used in sexually explicit books, films, magazines, and Websites, Attorney General John Ashcroft called tough records inspections for the adult entertainment industry.

The new proposal would tighten the list of acceptable forms of identification and scrap college ID and Selective Service cards, while also requiring forms of ID be accessible to government agencies to guarantee their legitimacy.

Ashcroft said new guidelines would be finalized following a period of public comment.

"These changes will put teeth into our efforts to ensure that children are not being used as performers in the sexually explicit productions of the media," he told a Washington press conference. "There will be no excuses for anyone who takes part in abusing children for sexually explicit productions."

If you have not had your records reviewed by an adult entertianment
attorney...now is the time to do so.

A.J. Comparetto, Esq.
www.adultfilmmaking.com
727-328-7900

Thursday, June 03, 2004

making of a porn movie

making of a porn movie: "Making of a porn movie ...
what it really takes to Make Adult Movies'
Every day we get emails from people looking for information on making of a porn movie. Many of these emails are from young men and women looking to become adult film stars or to on information on the making of a porn movie. For most people it is the only way that they can enter the world of entertainment. Also, many adult film stars have found that the walls are eroding between mainstream entertainment and adult entertainment. "

To read the entire story and to earn how to legally and safely make adult videos, films and websites go to:
www.adultfilmmaking.com

A.J. Comparetto, Esq.
727-328-7900
www.adultfilmmaking.com

adult film job

adult film job: "Every day we get emails from people looking for jobs in adult film industry. Many of these emails are from young men and women looking to become adult film stars. For most people it is the only way that they can enter the world of entertainment. Also, many adult film stars have found that the walls are eroding between mainstream entertainment and adult entertainment.


Today you can see many big name adult film stars on prime time and cable television. This was not the case just 10 to 20 years ago. Many of these people seeking to enter the industry search through adult film databases and adult film reviews trying to find that elusive adult film job in the elusive adult film industry. I will tell you that it is extremely difficult to find adult film auditions if you are trying to get on with the big adult movie houses. "

To read the entire story and to earn how to legally and safely make adult videos, films and websites go to:
www.adultfilmmaking.com

A.J. Comparetto, Esq.
727-328-7900
www.adultfilmmaking.com

adult film industry

adult film industry: "'How to Break Into The Adult Film Industry...
what it really takes to get your foot in the door and
get into the adult movie business'
Every day we get emails from people looking for jobs in adult film industry. Many of these emails are from young men and women looking to become adult film stars. For most people it is the only way that they can enter the world of entertainment. Also, many adult film stars have found that the walls are eroding between mainstream entertainment and adult entertainment.


Today you can see many big name adult film stars on prime time and cable television. This was not the case just 10 to 20 years ago. Many of these people seeking to enter the industry search through adult film databases and adult film reviews trying to find that elusive adult film job in the elusive adult film industry. I will tell you that it is extremely difficult to find adult film auditions if you are trying to get on with the big adult movie houses"

To read the entire story and to earn how to legally and safely make adult videos, films and websites go to:
www.adultfilmmaking.com

A.J. Comparetto, Esq.
727-328-7900
www.adultfilmmaking.com

New article on adult film business and adult internet business

If you have a question on this article feel free to email at
ajc111@attorney.com


Benjamin Vernia a Trial Attorney with the Child Exploitation and Obscenity Section
Criminal Division of the Attorney Generals office has come out with an article on Prosecuting Web-based Obscenity
Cases

I have summarized their work as it applies to adult filmmakers, adult video districution companies and adult internet companies, tgp posts and adult hosting companies.

In their introduction they state that the pornography industry has capitalized on the growth and popularity of the Internet, and particularly the World Wide Web, as have few other businesses. They estimate that that "adult" online pornography generates approximately $1 billion per year in revenues, an amount which is expected to grow to between $5 and $7 billion by 2007. YOUTH, PORNOGRAPHY, AND THE INTERNET, 72 Computer Science and Telecommunications Board, National Research Council (Thornbugh and Lin, eds. 2002).

They discuss that one of the factors contributing to the explosion of pornography on the Internet is the relative anonymity that the Internet affords to producers and consumers alike. Equally appealing to distributors is the ease and low cost of mass distribution afforded by the Internet.

“Finding obscene material on the Internet is as easy as a click of the mouse, and even persons seeking to avoid the material find themselves confronted with it. It is this situation that has led to the Attorney General's call for obscenity enforcement.”

They also discuss that The Internet's porous borders call for federal prosecution and how existing obscenity laws, once developed to address brick-and-mortar retailers, apply equally well to retailers in cyberspace. The recent addition of new legal tools by Congress to specifically target Internet-based offenders complement those existing laws nicely.

II. Overview of the business

They give a comprehensive overview and state that pornographic Web sites can be classified generally by their content and manner of conducting business. In terms of content, Web sites may offer explicit heterosexual or homosexual conduct, or may specialize in a fetish which appeals to a small segment of the population.

One hint they give to their prosecution tactics is there statement

“ There is, however, much overlap in the prosecution of child
and adult pornography cases.”

I believe that the Federal government will try and link adult producers to some form of child pornography whether there is a link or not. They are guaranteed to have television coverage of any prosecution that alleges potential child pornography.

Critical to webmasters is there assertion that

“It is critical to consider using seizure warrants and orders to seize bank accounts and funds associated with the illegal enterprise. As in any "white collar" investigation, money that is potentially forfeitable should be seized at the time of indictment or arrest to avoid potential disposal of proceeds of the crime by the target of the investigation. In addition, if property was used to facilitate the crime, it should be seized for forfeiture pending conviction so that the target does not dispose of it. Furthermore, plea agreements should address forfeiture where possible, including forfeiture of the domain name
itself and related ownership interests in and related to the Web site, as well as forfeiture of any and all property and equipment used to facilitate the offenses.”

Webmaster should note they discussion on Search and Seizure”

They state:

“The final investigative step typically employed in a Web site obscenity case is to search the business, residence, and computers of the webmasters. As in any case, the investigative agent prepares an affidavit describing the investigation to date and the locations to be searched. When either a computer server, or personal computers at the enterprise's physical
location (used for bookkeeping, e-mail, and remotely managing the Web site) are searched, the affidavit should describe the nature of the search and assert that pre-publication materials, if any are found, will be protected under the Privacy Protection Act, 42 U.S.C. § 2000aa. “

For Webmasters they discuss Community standards and the Internet

“Many of the prosecutions for violations of obscenity statutes will involve crimes committed via the Internet. While the Miller test established a three-part test for obscenity, which incorporates "the average person applying contemporary adult community standards," this test was devised before the advent of the Internet. Miller v.California, 413 U.S. 15, 24 (1973). Therefore, the question as to what the community standard is on the Internet has not yet been answered. Is the standard that of the community in the jurisdiction where the case is brought? Should the community standard be that of the district where the material is produced, distributed, or sold? Or should there be a national community standard because the Internet is available in each and every jurisdiction in the country?

Although the Supreme Court has yet to weigh in on the forum shopping issue in the context of Internet obscenity, its recent analysis regarding the constitutionality of applying local community standards to material distributed on the Internet suggests at least some agreement with the notion that the community standards of the district of receipt should be applied.
The plurality stated: If a publisher chooses to send its material into a particular community, this Court's jurisprudence teaches that it is the publisher's responsibility to abide by that community's standards. The publisher's burden does not change simply because it decides to distribute its material to every community in the Nation.

Their discussion on obscenity sentencing

“The Offenses base level is 10 for this violation and includes enhancements based on the content of the material (sadistic and masochistic conduct), whether or not a computer was involved in the commission of the crime, and whether the distribution was for pecuniary gain. If the distribution was for pecuniary gain, then the loss table located in USSG § 2B1.1 is utilized,
corresponding to the retail value of the material. The enhancement increases the offense level by a minimum of 5, and may increase it more, based on the total loss value.


They Conclude

In their conclusion they state that web based obscenity prosecutions are a vital component of an overall federal strategy to address an increasingly degradative pornography industry.
All Webmasters and Adult Filmmakers should….

Take note of this new aggressive stance taken by the Attorney Generals office. Now is the time for complete legal compliance. Many people in the adult business have not even consulted a lawyer or had a review of their basic websites….they do so at extreme risk.

To learn how to legally and safely make adult videos, films and websites go to:
www.adultfilmmaking.com

A.J. Comparetto, Esq.
727-328-7900
www.adultfilmmaking.com