My homemade BB video.?

[spreader]

My girlfriend is over in Europe having fun with some of her friends while i'm left here all alone. She's rather wealthy while i'm not.
Anyway, i thought now would be a good time to come here and get a litle advice. GREAT SITE by the way.
Kylie has been busting my balls for over a year now. She's SUPER-HOT, an olive skinned Jennifer Love Hewitt clone with bigger better breasts. So naturally we decided to make our own video. No sex, no female nudity, just 100% creative & intense CBT.
To our delight, (thanks to some great camera work by her friend Judy and after a little editing) the video turned out better than anything we've ever seen. And we've seen alot.
Now hypothetically speaking, i'm 18 and my BB girlfriend is a year younger. Would we get in any trouble for selling the video on-line. Kylie has agreed to selling it.
Remember there's no sex and no nudity on Ky;lie's part. But she does wear some great sexy dominant outfits.

[Tamakeri]

... i'm 18 and my BB girlfriend is a year younger. Would we get in any trouble for selling the video on-line. Kylie has agreed to selling it.
Remember there's no sex and no nudity on Ky;lie's part. But she does wear some great sexy dominant outfits.

Short answer- yes, absolutely you could have problems. You need to read up on 18 U.S.C. 2257 Record-Keeping Requirements and associated regulations found in 28 C.F.R 75. The penalty for failure to comply is 10 years in the Federal slammer. Read carefully. And remember that the ambiguous parts (and there are many) will be interpreted by the radical born again right wing religion boys in George W's DOJ. They will not be too concerned about how "you" interpret the law and the regulations. The "law" is aimed at keeping minors out of the porn industry. Since your gf is a minor, you are definitely gonna be in their sights. The "regulations" are aimed at shutting down all small adult business in general.

[spreader]

thanks. I was worried about that. Doesn't seem fair though. Guess we'll wait til May. When she's 18. 18 is O.K isn't it?

[Tamakeri]

thanks. I was worried about that. Doesn't seem fair though. Guess we'll wait til May. When she's 18. 18 is O.K isn't it?

You need to read those regulations dude. Seriously. 10 years is a long time to kick yourself for taking some guy on the forum's word for whether a law applies to you or not. Yes it applies if somebody thinks that it is real (not simulated) BDSM by "their" definition. That means there are very intense record keeping and product marking requirements including posting your real name and real address everywhere you publish the videos as well as on the videos themselves.

[spreader]

I don't think either of us would have a problem providing our real names. Are you saying the subject matter might cause some problems after she's 18? Yes it's very real....... and very hardcore cbt.

[pr0tus]

I am a lawyer, you will need to send this video to me so I can determine if it is legal... hehehe

[Tamakeri]

I don't think either of us would have a problem providing our real names. Are you saying the subject matter might cause some problems after she's 18? Yes it's very real....... and very hardcore cbt.

What I'm saying is that you should read and understand the law and the penalties involved before you choose to break it and possibly suffer the consequences. That's all. I'm certainly not in a position to give legal advice. Whether you will provide your real name and address to the billions of people on the internet, a few of whom might not be entirely stable, is a choice you will have to make on your own. It IS required of "the custodian of records" by the regulations.

[spreader]

Thanks again. I'll certainly look into more. The only thing i really care about is DOING IT. I have no great need to sell the stuff if it would cause us any trouble. I know others would enjoy viewing it though. Hope everyone continues to pursue their happiness.

[Trouble]

Thanks again. I'll certainly look into more. The only thing i really care about is DOING IT. I have no great need to sell the stuff if it would cause us any trouble. I know others would enjoy viewing it though. Hope everyone continues to pursue their happiness.
My suggestions:

While neither Tamakeri nor I can give you legal advice, we can share legal information. Tamakeri gave you the relevant laws to read up on. Go to a library and ask where they have a copy of the United States Code (USC). Actually READ the USC Tamakeri cited. The smaller libraries may not have recent copies of the USC; larger libraries will. (You could also try using Google to see if they can find an online copy).

I'll toss one onto the heap: look up the statute of limitations and see if there is an expiration date. It may very well be that in ten or twenty years, you can sell the item and not have to worry about prosecution for including a minor. And the market will still be there. ;)

-Michael

[tonyr]

Thanks Bro Tamakeri for laying out the hard facts with regards to content creation. Too many think that its all a big party and guess what, we get some ballbusting for free. More of my time is spent dealing with the admin of what I do, than in contnent creation. And of that admin time, Custodian Records Requirements are my biggest concern. One little slip up and believe it, the authorities will have a nice or not so nice place waiting for any infringer for a good ten years.
Our customers think very little if at all, of the hard realities of creating adult content. It is not all a cruise and party. These regulations are going to get tougher and tougher. I am more than at ease with the reality that any performer must be above the age of the majority, with full I.D. and with consent forms signed. The real issue is one that is about freedoms being curtailed, bit by bit. That is also beyond the heads of most people. That's the real problem. We are too busy about nothing to realise that we are slowly but surely imprisoning ourselves. Perhaps we'll wake up when its too late.
That is why I ramble on about the consensual adult material vs non consensual issue all the time. It is creating the pathway for attention that as sane and consensual adults, we should be without. File sharing and the uploading of files to sites that happily clump consensual adult material amongst material that is highly dubious as to whether it would remotely meet the Custodian Records Requirement, yet alone my moral ideals as a open and broad minded adult, is what can ruin 'Our Thing', in terms of being able to access legally produced content.
The sad thing is, I seen these all too important facts ignored as members of this forum clamour to grab the latest bit of stolen free content that has illegally been uploaded for free distribution. The road is being laid for greater restriction and control, where we as intelligent and sensible adults, should be aware of the importance of self policing our actions for the better and not creating the eventual attack against us for the worst.
Wake Up Please. All of Us.:confused: :(


What I'm saying is that you should read and understand the law and the penalties involved before you choose to break it and possibly suffer the consequences. That's all. I'm certainly not in a position to give legal advice. Whether you will provide your real name and address to the billions of people on the internet, a few of whom might not be entirely stable, is a choice you will have to make on your own. It IS required of "the custodian of records" by the regulations.

[smackMyNuts]

So, just to reiterate, anything with sadism or masochism in it will be considered pornography by law whether or not it contains nudity. Period. So the video you produced would legally be consider kiddie porn in the US. If you'd gone with her to Europe and shot it there things might be different, as there are different ages of majority in different countries. For instance, in England you're allowed to do at least some porn at 16 (I'm not sure if that includes S&M content). But this video will always, always, always be considered kiddie porn under US law. When she turns 18 (even the day of), then you can shoot a new video which will be legal and do what you want with that. But the old video is, by law kiddie porn. In fact, although it pains me to advise this, you should probably destroy it, since you're breaking the law just by producing it and possessing it.

It does seem a little silly that there are things which it's legal to -do-, but not to video tape yourself doing them, but that's the law in this country. If we don't like it, we need to lobby our representatives to get the law changed. Unfortunately, it's very difficult, due to the culture of this country, to get anyone to come out in favor of porn, and certainly tougher to get people to come out in favor of anything which could be perceived as weakening the laws against kiddie porn.

Once she's turned 18 and you've made said video, then you need to read up on the record keeping laws, which is US Code Title 18 Section 2257 (18 USC 2257) and Code of Federal Regulations Title 26 Secion 75 (26 CFR 75). Here's a summary:
Anyone who appears in explicit porn (which is defined to include anything S&M) must have records which verify their age and real name; identify what materials they appear in; and identify any aliases they have used available for inspection at the producer's place of business. There must be a notice attached to any porn identifying that place of business.

There are a bunch of specific regulations describing what the records must contain, and they are not allowed to contain anything extra. They have to be available for inspection to law enforcement, but not the general public. The records can be kept electronically.

If you're going to sell porn, you need to follow these regulations to the letter. If you're going to give the clips away (which is also an option), then some people say that you don't need to worry about the regulations, but they seem vague enough in their wording to me that they do not clearly exempt amateur, not-for-profit pornography, so I make sure to follow them myself. But you've got plenty of time to work out the details.

Tamakeri's statement that you have to provide your real name and address is not quite correct. An individual producer (i.e. not an organization) is not required to have a custodian of records, they're just required to have an address where the place of business is that the records can be found. However, there is no specific definition as to what qualifies as a place of business, other than that the records be kept there and available for inspection 20 hours a week or more. As such, in my case, it is a location where a friend lives where I have sometimes done some business. And my friend's address is attached to every work, but not his or her name. Alternately, if you are in business, you may be able to find someone else who you could pay to act as your register of records. In either case, you may not have to reveal your real name and address to the whole world, although you will have to have records containing such available for law enforcement inspection.

Smack

[smackMyNuts]

Trouble's basic idea is correct. Read the code for yourself. But there's no need to go to a library. This is the internet.
18 USC 2257 can be read at http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html
28 CFR 75 can be read at
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title28/28cfr75_main_02.tpl

Smack

[SavoirFaire]

Hey that was a very interesting legal advice smackMyNuts!!
Its good to realize the legal side of our fetishes from time to time, mostly for whats behind the worries of the people that satisfies our appetite.
So I guess the safest way of getting into adult industry is with a company...

Which one you suggest the better: S, C, LLC, etc. ???

What would be the pros & cons of making porn as an individual and as a company???

cheers!

[spreader]

Thanks everyone for the help. I've read the law and this tape will never see the light of day. However future tapes are in my head as i write. Kylie and i will take over the BB/CBT video world. May 18 2007.
.

[tim157b157]

cool let's see how good she is at it will you let us see some of it

[fittizzioh]

Hmm... I can't say...

Let us see the video so we can decide!!!!

:)

[smackMyNuts]

Which one you suggest the better: S, C, LLC, etc. ???


For the standpoint of 2257 laws, they make no distinction. They only make a distinction between an organization and an individual. The organization could probably even be a simple partnership and not a registered corporation, but I'm not completely certain of that.



What would be the pros & cons of making porn as an individual and as a company???


The only distinction made in the law is about where the records are stored and what information about the location of the records is attached. If you are an organization, you must have a custodian of records and attach their position, name, and addess to every work. If you are an individual, you are only required to give an address for your place of business where the records are kept. The rules about how long the records must be retained and where differ slightly too.

Just to be clear, I am not a lawyer. Any legal advice given may not be sound. You should read the law yourself to be certain.

Smack