What type of attorney should I speak to about starting an adult entertainment company? 2 Answers as of April 21, 2015My business partner, our investor, and I are starting an adult entertainment business that will work exclusively online. We thoroughly understand how the industry works except for some of the legal work that goes along with starting a new business in this industry such as what type of business license we need, where we should incorporate our business, if we need any special licenses or forms in addition to actor permit forms, and any other legal advice that we should know before starting our company. Thank You for your help.
Lawyer for Independent Media | Sue Basko
An adult entertainment business that is online is extremely different from one that is in person. An in person business is located in one location, which means the laws of one state, one county, one city or suburb. An online business is located everywhere in the world. Since you are located in the U.S., you need to be concerned mainly with the laws of the U.S. In running an online business, you must be aware of federal laws, such as the Computer Fraud and Abuse Act, the Communications Decency Act, and laws regarding pornography, obscenity, privacy laws, and many more. You also need to be concerned with the laws of every state, or be gearing to the strictest laws in the nation. Obscenity is illegal, and material can be adjudged to be obscene at the place where it is received or viewed, not just at the place where it is produced or sent. Also, in an in person business, you can easily control access as to who enters. In an online business, anyone can enter and you do not actually know if the person is under 18 or anything about that person. You need to be very careful. So what kind of lawyer do you need? Someone who knows these laws and someone you will listen to. Please be aware that when people get in trouble regarding pornography or obscenity, they usually get in terrible trouble. The stakes are very high. Get a lawyer who will nitpick with the laws to keep you out of trouble.
Answer Applies to: California
Law Offices of Robert Burns | Robert Burns
In my opinion no one, not even the lawyers, thoroughly understand(s) how the industry works but I'll give you credit for having advanced insight. You'll want one lawyer for most of your work who can refer out to other lawyers as needed. I'd see how other firms do so, which is part of thoroughly understanding how the industry works. I suspect that you want a general business attorney with adequate familiarity with the internet, adult entertainment, and criminal/constitutional law. Your post is so vague that it's hard for me to comment further. I don't know what you contemplate for investing, spamming/botting, video production, streaming, etc. So, probably whoever can be most familiar with your workings and cover the greatest duration and breadth of legal issues should be your ongoing attorney and other tasks can be farmed out as needed.
Answer Applies to: California