Vertigo Multimedia Inc. All rights reserved. This e-book

Transcription

© Vertigo Multimedia Inc. All rights reserved. This e-book is
completely original, and owned and copyrighted by Vertigo
Multimedia
Inc.
Don’t forget to check out my website at www.producerslounge.com
1
Welcome!
You are about to embark on a life changing event: your entry into the
multi-billion dollar adult entertainment industry. I know it’s changed
my life!
You should know that this is not a way to get rich quick. It will require
time and effort on your part. But I know of no other business that you
can start with very little initial investment, and grow to such
proportions that you become a millionaire. The business is fun, has a
huge demand, and can be approached with some anonymity. Add to
that the fact that you don’t need employees, can live just about
anywhere in the world where you have access to the internet, your
website will be working for you 24 hours a day, 7 days a week, and
working with some of the worlds most attractive women is part of the
job description. To me that’s the perfect business!
I’ll be describing everything in the most simplistic terms, since I have
to assume that you know little or nothing about computers, the
Internet, and the adult entertainment industry. I want to be as
thorough as possible, so you not only get your moneys worth, but
enjoy the same level of success I have.
There is also an extensive appendix at the end of this document,
listing everything you’ll need to get your business up and running:
links to webmaster resources, content providers, web hosting
companies, TGP’s, model releases, free things you can add to your
site, and a myriad of other useful sources. Also, I have included some
of the laws you’ll need to know. Let me tell you, THAT’S dry reading!
Where To Start
So you’ve decided to take the plunge and start your own adult
entertainment business. First up, you need to determine what kind of
erotica you wish to offer, and what medium: the internet, video, or
both. Will you be a generalist, catering to a variety of tastes? Or will
you specialize in any one of the popular genres: teens, lesbians, oral,
anal, cheerleaders amateurs, porn stars, hardcore, soft-core,
voyeurism… it’s a long list!
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If you purchased this from anywhere other than producerslounge.com, you
have been ripped off and hence will not be able to benefit from the free
updates of this e-book. © Vertigo Multimedia Inc. All rights reserved. This
e-book is completely original, and owned and copyrighted by Vertigo
Multimedia Inc.
I have found these two sites a good benchmark of what niches are
popular: http://www.gspotnews.com, http://www.sexniches.com/tgp.
Will you be selling videos, DVDs, cd-roms, access to pictures, sex
toys, or all of the above? Will you be making your own content or
purchasing it from any of the many content providers?
You can do it all. The way to create wealth in this business is to
have several different ventures each bringing in there own revenue
stream. For example, you may have several small websites with
members areas, and a line of movies on eBay.com, Ebanned.net and
Hotmovies.com, each constituting a small trickle of revenue, but all
those trickles combined will add up to quite the river.
For example, every couple of weeks I receive a cheque for money
made from my websites, and everyday I receive cash in my p.o. box
from sales of my DVD’s on the various auction sites. (Yes, people will
send you cash for your movies. This is a tremendous cash business).
So those are two very lucrative revenue streams, one of which is
cash.
In fact, on E-bay, have a look for my listings. My name on E-bay is
producers_lounge. Remember to click on “search for items by seller”.
Then click on “view sellers items”. You will see all my auctions. I have
5 or 6 auctions of the same DVD’s that I keep relisting over and over
again, and these DVD’s bring in an average of $3,000 per month. I
also sell the same DVD’s via one of my sites,
www.prettyteenvideos.com.
The DVD’s consist of no sex, just pretty young women getting naked
and talking about their sex lives. That’s it. But it’s what people want to
see. The hard core standard LA produced stuff can be obtained
anywhere. But the real amateur content isn’t that easy to find. It’s
cheap to produce and in high demand. That’s merely one revenue
stream.
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Start thinking of yourself not as a webmaster, or film maker, or
photographer, but as an adult entertainment entrepreneur, building
your business empire.
Who’s watching?
The majority of consumers are mostly men watching by themselves,
and what they wish to see depends upon the medium. If it’s a movie
from a video rental store, generally they will consider plot and
dialogue a complete waste of time. They want to see innocent,
beautiful young women having wild sex, and they fast forward from
sex scene to sex scene. That’s the reason “Gonzo” videos are so
popular.
Full length features with plots, nice settings, high production values,
and love-making as well as sex, seem to appeal primarily (but not
exclusively) to couples and women. These cost much more to
produce, but often bring in soft core cable and satellite money not
available to gonzo videos.
On the Internet sex sells (of course), but there is also a large market
for non sex content, consisting of genuine amateur girls talking about
their sex lives and getting naked, and no sex.
Multimedia Inc.
People hear the words “adult entertainment” and immediately conjure
up images of hard core penetration and cum shots et al.
But consider this: one of the most successful lines of adult videos,
Girls Gone Wild, has no sex. I bet you’ve heard of the producer of
this franchise of videos: Joe Francis. Joe is 30, has a massive house
in Florida, a helicopter, a COUPLE of Ferrari’s, and a Gulfstream jet.
And Joe doesn’t produce sex movies.
Is it considered porn? Probably, and to most, definitely. Who cares?
Joe is a millionaire many times over, is having fun, and is hurting
nobody, and THAT’S what life is all about.
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And there’s Karup Lou. Lou owns a website called karups.com, that
has made Lou a multimillionaire several times over. You won’t find
any of Lou’s content in adult video stores, or on cable or satellite.
Only on this one website, which features pictures of unclothed
women, and no sex. And this one website has earned Lou enough
money to invest in real estate, which has made him more millions.
Lou used to be penniless, working as a helper in a grocery store. His
website changed his life and made him an unbelievably rich man. By
the way, you can read more about Lou, as well as interviews with
other industry biggies, at the following website:
www.ambushinterview.com
Why do I tell you this? To open your mind. Think of adult
entertainment as more than people having sex.
My goal is to get you started in this business with the money and
resources you have. The chances are you don’t have much (nor did I
when I first started). So the bottom line is this: creating content that
depicts acts of sex is more expensive than content depicting
only nudity. Yet there is a massive market for both.
And that’s what many people fail to realize. You don’t need spend ten
thousand dollars to produce a movie that you hope will get picked up
for distribution. You can get into this business fairly inexpensively,
which a relatively modest website, and work your way up to the point
where you have several websites and perhaps a line of movies
distributed via adult movie stores, satellite, and cable.
Or perhaps you will prefer to devote all your energies to the Internet.
A lot of people do, and it’s paying off for them. I am one. I find it more
lucrative to concentrate on my internet ventures.
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Depicting sex is required in order to get your movies distributed
among retail video store markets, but the Internet is an equally huge
market, and there is a significant non sex market. So don’t think you
need to portray sex in order to make money. Guys want to see girls
naked. They could be having sex, they could be dusting furniture
while they are naked, or washing cars, or smoking cigarettes, or
anything.
So where to start? Well, back to content… what ever turns YOU on,
the chances are there are millions of other people who have the
same taste. There’s your market. Start with what interests you, add
whatever is special about you, and you’ll have a unique product.
The best way is to find a niche, of which there is no shortage; there
are specialty movies and websites that appeal to a specific audience,
such as people who like B&D, older women, heavier women, gang
bangs, foot-lovers, oral, anal, balloons (incredibly, there is a huge
market for naked women frolicking naked amongst balloons),
interracial, and on and on.
My tastes run to real amateur teenaged girls who talk about their sex
lives and get naked. No sex required. Often, less is more. This genre
is increasing in popularity on the internet and is largely un-catered to.
And here’s the huge bonus: it is easier and a LOT cheaper to find a
young woman who will shed all on camera than it is to find a woman
who will have sex on camera. Cheaper and easier… and profitable.
In fact, a couple of wildly successful websites contain no sex
whatsoever… just nudity. Have a look at www.mattsmodels.com, and
www.danni.com (Danni.com is a ten million dollar a year website, by
the way. Now that’s serious money). Also, have a look at
www.bangbros.com. They have a variety of sites, and they average
$300,000 per month.
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Again, go back to your tastes. What are the sites and movies that
you personally like? Start there. View the sites and movies that
appeal to you, figure out why you like such content, and build your
concept upon that.
And research!! You must understand the niche that you are catering
to. It’s also important that you actually like the niche. Your audience is
more astute than you think. You won’t be able to fool them if you’re
not into it.
For example, feet. Talk about a niche that is taking off. Pics and video
centered around feet. An easy niche to get into, one that is booming,
but I personally have no clue or interest in feet.
In fact, feet turn me off. So for me to put together a site or make
movies about feet probably would not be successful because I am not
in tune with the fetish, and hence would not be on the same
wavelength as the audience. Anybody into feet will know this just by
looking at the material I produce. Instant failure.
So research the hell out of whatever niche you decide to get into.
Google the niche, review every site you can find. What are they doing
that you like, that you don’t like? In what areas can you see that they
can improve upon? What are they missing that you crave? More pics,
different angles, more or less of something? Eventually your mind will
start generating ideas pertaining to what you would do with your own
site or movie.
So the bottom line: if you’re targeting movies for video store
distribution you will needs lots of sex scenes (and hence a bigger
budget). However, the Internet is much easier to get into if you are on
a budget. If you are starting a website you have more leeway in your
offerings. You can get away with nudity and no sex, and thus a much
lower production budget. Non sex content is much cheaper to
produce, and there is much greater opportunity to create niche
content. If you purchased this from anywhere other than
producerslounge.com, you have been ripped off and hence will not be able
to benefit from the free updates of this e-book. © Vertigo Multimedia Inc.
All rights reserved. This e-book is completely original, and owned and
copyrighted by Vertigo Multimedia Inc.
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Another facet of the Internet is that you don’t have to create your own
content.
Here’s an exciting thought: it could be you (or I, or both of us) who
think up a new genre. Really, you’re only limited by your imagination.
The eventual goal is to have you sitting atop an adult entertainment
empire, with many different websites and lines of movies distributed
to adult video stores.
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A bit about me… I was a high tech wonk. I was an IT Manager for a
large corporation in Dallas. I had an impressive salary: $110,000 per
year, but I just wasn’t happy. Oh, the money was great, I was
certainly happy about that, but I hated my job. Worse than that I felt
completely dislocated from my job and my coworkers. I could not get
excited about the things they considered important. I didn’t care about
compiling stats, making pie charts, monitoring networks, etc.
It was like I was outside of my body and watching a movie about an
overpaid, deeply unhappy 40 year old guy going through the motions
of his job, pretending to be excited about things his employers
considered important, doing it only for the paycheck, but knowing that
there was more to life than this.
One day I found myself in Las Vegas at yet another dull technology
trade show. On my way back to my hotel, I got to chatting with the
taxi driver, and told me that his cab was used in a program called
Taxi Cab Confessions. Then he told me about some of his fares that
day, many of whom were porn starlets going to the porn convention in
town.
Porn convention in town? I had him take me there. I got in (anybody
can get in) and made the rounds. Basically, it was a convention
center full of booth and tables consisting of people who had product
for sale. A number of porn stars were there (Jenna Jaimeson being
one).
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I was fascinated. For years in the back of my mind I had always
entertained the thought of getting into the porn business, and yet here
were people actually doing it.
Somehow, and I cannot remember the exact sequence of events, I
ended up being invited to one of the after hours parties. It was a
surprisingly classy affair, complete with white gloved waiters, a string
orchestra, and expensive cigars.
I circulated and talked to a lot of the people there. I came away with a
big realization: a lot of the people I had talked to that night, and were
raking in big bucks, simply put, were not overly smart.
This doesn’t mean that there are no smart people in the porn
business! There are, in fact, some very smart people. But it also
occurred to me that you need not be smart to make serious money in
this business, and that a reasonably intelligent person who applied
sound business principles could amass a great deal of wealth.
Off I went home to Dallas, with a whole new plan ☺
I would start an adult website, but I hadn’t a clue where to start. What
do I create, how do I find talent, how much do I pay them, etc?
Eventually I met a fellow in Dallas who was incredibly good at
creating video, but not so good at marketing. So we agreed that I
would create videos of his content and sell them. I was in business!!
After I edited the content into marketable videos, I put together a
website, submitted a gallery of pics to the biggest TGP on the net,
The Hun (if you don’t know what a TGP is, worry not, I will get to this
shortly), which they accepted….
….and then listed…
… and then I sold six tapes, and ended up with a bill for $3500 from
my ISP.
Wow.
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Unbeknown to me at the time, I had made every mistake possible.
The wrong ISP, the wrong TGP, the wrong content, the wrong target
audience, etc.
I decided to learn everything I could about this business, and get my
slice of this big pie. Eventually I did, but it was a rocky road.
“Ya, but there’s a gazillion people doing it already”
I hear that a lot. That and “well, if it’s so good, why isn’t everybody
doing it?”. The latter really gets my goat because it is so small
minded. Anybody asking that is destined for a life of drudgery working
a job they hate.
The fact that a lot of people are doing it (this applies to any business
category) demonstrates that there is a market for it! All the more
reason to get into it.
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Recently I was at a producers symposium where I had the great
fortune to chat face to face with Steve Lightspeed. Steve is a major
player, one of the first on the internet. You’ve probably seen his sites,
he has many. Oh, and another instance of a successful person who
does not depict sex, only nudity.
Steve: “People think the internet is saturated and there are no
opportunities, no room for start ups. I disagree. The hardcore market
is bigger but also more saturated. Fresh amateur nudity is in high
demand and not saturated. The internet has barely scratched the
surface as far as innovation and creativity”
Words of wisdom from a wildly successful man who is a millionaire
several times over. How did Steve get into the business?
Steve: “When I was a teenager I enjoyed looking at pictures of naked
young women. Natural, pretty looking women. Not many of the sites
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available delivered what I was looking for, so I started my own site. I
took pictures, quite tame pictures, but they were pretty natural looking
girls. And I just kept opening new sites”
What would Steve do if he was starting out today?
Steve: “If I was starting out today I would go to the sites that I visit
every day, figure out why I like them, and build a site based on that”.
Which is almost word for word the same advice I imparted a few
pages ago. If you don’t take it from me, take it from one of the major
players in the business today. Know what YOU like, and start
there.
So anyway, back to the business that you wish to start. Use your
imagination. Your first venture will be an equation of imagination, your
personal taste, product demand, and available budget.
Sound like a plan? Let’s start with finding and dealing with models,
and then we’ll discuss websites and movies.
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I want to produce my own stuff. Now what?
If you’re going to create your own content, whether pictures, video, or
both, the following section is key. You’ll need to know where to find
models, how to deal with them, what to do with the finished product,
and, most importantly, how to cover your butt legally.
I see four areas of profit for a producer:
An adult website, whereby you charge access to your videos and
pics. This could include the ability to order your video from your
website.
A content provider, whereby you license your pictures and videos
to other websites.
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Selling videos to adult video rental stores. Your best bet would be
to go through a reputable distributor. (More about that shortly)
Producing DVD’s and selling them via various websites on the
Internet.
Or you can do all four. So we’ll talk about all four.
One thing to keep in the mind (again)… pretty well anything
goes on the internet. You can get away with content consisting
of only nudity (and no sex) on the Internet. However, movies for
distribution via adult video stores do require sexual content, and
hence are more expensive to produce.
What Type Of Content To Create?
You’ve already decided that; amateur, teens, mature, lesbian,
whatever, it’s your choice. The approach will be the same, that is, it
needs to be material that arouses the viewer. Simple, huh? So why is
there so much crap out there?
Because of lack of imagination. People prefer to imitate. Imitate
and you’ll get lost in the crowd. INNOVATE, and you’ll be a trail
blazer, and you’ll be on the path the riches.
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Watch any video from Rodney Moore, Ed Powers, or Seymore Butts.
Those three have their own style. If they had decided to imitate
everything else on the market today, they would be nobodies.
Instead, all are millionaires many times over.
Ask yourself “self, what turns me on?”. If it turns you on, you can bet
that several hundred thousand, or even millions, of other people will
find it appealing as well.
Here is what I have found to be the difference between mediocre
performance and great success. The successful product,
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whether movies, pics, or website, have a connection with the
models.
I want to expand a bit more about that because it’s how I achieved
my success. I wish somebody had pointed this out to me years
earlier, when I was just starting.
People want to feel that they have an emotional connection to
the model. Create an emotional reaction to the content being shown.
It could be love, hate, humor, whatever.
I use humor and personality. In my movies I play a character of a
mid-forties guy who in a million years wouldn’t be able to get an 18
year old girl to get naked before him. There is a lot of humour and
banter. The formula works well.
And here’s the kicker: there is no sex. It gets back to what I was
saying earlier. If you want to produce your own content and
don’t have much money, start with nudity, no sex. It is cheaper
to find attractive women who will appear nude but not engage in
sex. My Pretty Teen Videos line has little sex, but is wildly
successful. People WILL pay to see attractive women get naked,
regardless of whether they have sex or not.
When you are creating video of a model it is just as easy to engage
her in conversation as it is to just roll video and watch her. If she’s
talking and laughing and clearly is having fun the video will be far
more appealing. If what is on cam is fun, the people watching will be
having fun, and they WILL come back to buy more of your movies.
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When people buy one of my Pretty Teen Video DVD’s, they know
they will be spending an hour with a natural young woman who is
being herself and having fun. Lot’s of talk about her sex life, seeing
her laugh, being a real person. It’s as close as you can get to being
there without actually being there. If you want an example, buy my
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Cody video, from my PrettyTeenVideos.com site. This is my best
seller. It cost $200 to produce, and generates thousands of dollars in
sales every month. Every month!
Long before we get to any nudity there is “real people stuff”. We hang
out at a mall, for example, so the viewer can see her in tight jeans or
maybe a mini skirt. It’s important to whet the appetite of the viewer.
They want to be tantalized and use their imagination before getting to
see “the goods”.
So in my movies the viewer has a connection to myself and whatever
young lady is on cam.
What’s her story? I like to build little stories around my models. It
adds plausibility to them being real people. For example, perhaps one
of my models is an airline stewardess, and we talk about that for a bit.
Then I slowly turn the conversation to sexual matters and eventually
we end up talking about her sex life.
Guys love hearing women talk about sex. Hence the amazing
success of phone sex lines, where there isn’t even a visual
component.
So what is her story? What’s the scenario? What will make people
pay to see her?
We’ve all seen those pics and video where the model is disinterested
and looks bored and is merely going through the motions. Rare are
the depictions of models who are having fun and smiling and want to
be there. That is a connection. The viewer can identify with that.
A connection can be as simple as a young hottie dressed in a
cheerleader outfit doing some cheers then getting naked. Connection:
anybody who has lusted after cheerleaders.
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Look at it this way… imagine if you walked into a video store and
every movie was the same. Would you go back? Of course not.
And this is interesting: very few people create their own content. Most
people buy it from others. That’s why everything looks the same on
the internet, and also why there is so much opportunity to create
something different and become very wealthy.
At any conference I have been too, whenever the speaker asks for a
show of hands from the people who produce their own content, very
few hands go up. It’s shocking. It’s a very low percentage. Most
website operators use purchased content… the same purchased
content that everybody else uses.
As you can tell I am a big proponent of producing ones own content.
It really is the most effective way of standing out from the herd and
achieving success.
Exclusive content, that is, the content that YOU produce and hence is
exclusive to your site, has dramatically better retention rates,
meaning when a member signs up they are more likely to remain
signed up. Plus exclusive content yields a much higher sales ratio,
that is, the ratio of people just visiting your site versus people who
sign up and pay to access your members area.
To reiterate, for a successful line of movies, pics, or a website that
will all keep people coming back for more, you’ll need a concept, and
a way to create an emotional response. Find a style and stick with it.
If your style is laid back amateur like mine, stick with it, because your
audience will come to expect it. And remember, the best content
takes time to work up to the action, whether it be still photographs or
video. Entice the viewer, let them see your gorgeous model dressed
provocatively, tease me, make me want to see her naked. I’ll be
getting into the fine art of direction later, but first we need a model (or
two, or several)
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How do I find models?
A number of methods have proven effective for me. Ads in
community news papers and student publications have worked,
as does posting on craigslist.org. Strip clubs can be a good
source of talent. Print up some business cards with your number, and
the url of your website if you have one (if you don’t, that’s nothing to
worry about). Then start making the rounds of the strip clubs.
Strippers can look hard, tired, and haggard. However, often you can
find young ladies just starting out, who haven’t been tainted by the
business of stripping. Also, you would be surprised how many
strippers are just doing it to make money to pay for tuition. You’ll find
all types in strip clubs.
If one of the dancers catches your eye, invite her to sit with you. Be
friendly, and make small talk, and then let her know you’re in the
adult entertainment industry, and you are scouting for new talent for
upcoming projects. It’s important that you look and sound
professional, and not a sleaze who merely wants to get laid. Women
can smell that a mile away.
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If she seems interested, offer her your card, and ask for her number
in return, but don’t be offended or surprised if she doesn’t give it to
you (hey, there’s a lot of crazies out there. You may not be one of
them, but she doesn’t know that).
Indeed, a professional looking business card goes a long way
towards establishing credibility. Having a card that refers to a website
is even better.
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If she gives you her number, ask when the best time to call is, and
then call at that time. If she doesn’t give you her number, ask her to
call you so you can both explore possibilities further. Either way, if
she’s interested, you’ll end up talking further.
When she calls you, or you call her, make friendly small talk for a few
minutes. It’s important that you establish yourself as a down to earth,
professional, and (above all) safe, person.
Then get to the details of the project. Tell her what you want from her,
for how long, and the price you have in mind. If she agrees to all this,
you’re in business. You’ve just cast your first shoot!
Another good way to find models is through an advertisement in a
publication. Keep it local. Community and college publications work
well, as do newsletters and college bulletin boards. The cost of tuition
is a nightmare, and college students are always on the lookout for
extra money. Plus, porn is considered cool by a lot of young women.
Also, consider this: many women shed all, or think about the
prospect, just for the experience. I’ve had a lot of girls in front of
my cam doing it for next to no money because they are fulfilling
a fantasy. Women like to be the center of attention. That is an angle
that you can work quite well.
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The internet is a good place to find talent, specifically sites such as
www.onemodelplace.com, www.adultfriendfinder.com,
www.adulthollywoodnorth.com, and www.Craigslist.org
When you get a little bigger you may try one of the agencies that
represent adult entertainers, such as World Modeling Agency just
outside of Los Angeles. You can check out their website,
www.worldmodeling.com
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Keep your ad concise and to the point. A good example would be:
Nude Figure Models Wanted!
Girl Next Door type.
Professional, Safe Environment.
Call (your number here)
Or something like this:
OPPORTUNITIES FOR ATTRACTIVE WOMEN!
MAKE MONEY
FOR NUDE MODELING WORK
INTERESTED?
CALL xxxxxxxxxx
TO SPEAK WITH xxxxxxxxxxx
Or:
FIRST TIME MODELS REQUIRED
Looking for natural looking
Women for Internet modeling
Opportunities.
Call xxx-xxx-xxx
Don’t wish to list a number? You can just as easily list a website. I
have a very classy looking website setup to function solely as a
recruiting device. Prospective models can point their browsers there
and have a look at some samples of my work and email me if
interested. What also works well is to have a brief online
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questionnaire that prospective models can fill out, listing the different
types of modeling they are willing to do, for example:
•
•
•
•
•
Bathing suit
Fashion
Glamour
Partial nudity
Nudity
Anybody who clicks on the nudity and/or the partial nudity options I
will call. Otherwise, I don’t follow up with them.
However, not everybody has a computer, so don’t restrict yourself to
recruiting prospects only via the Internet. What also works well is a
business card. Create a modeling agency (it need be in name only)
and have cards printed up with the modeling agency name on it. I
hand out cards with the name of a production company on it, so I
present myself as a producer.
This is merely an example. You can word it any way you wish.
When women respond to your ad, explain to them that you do photo
shoots and produce adult oriented video. You’re looking for nude
models, but will also consider them for adult video work, if they wish
to explore that possibility.
Remember, be polite and friendly. You’re a professional. Do not ask
them about their favorite sexual positions. Don’t mention sex at all.
If they are still interested, arrange to meet them in a public place,
preferably a café. Meet during the day. Remember, she knows
nothing of you, except what she has garnered from the ad and the
phone conversation. A neutral, safe location during daylight hours will
work wonders towards making her feel relaxed and confident.
Women, especially attractive woman, deal with a lot of creepy guys in
their everyday life, so your prospective model feeling safe is an issue.
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You want to break the ice, and also ensure that your prospective
model feels safe. Make small talk. At this point you are establishing
report. Ask about where she is from, what she enjoys doing, pets,
what she is studying, etc. Then when you’re both at ease, you’ll find it
easier to ask about the type of things your subject would be open to
doing on camera: straight nudes, oral, anal, lesbianism, etc.
Don’t be hesitant to rely on flattery. Telling a prospective model that
she is very intelligent and has a great personality on top of being
strikingly beautiful helps break the ice a bit, and will get her more
interested in modeling for you. Then you can talk about her fee and
the specifics of what you’ll hire her to do.
Spring Break! Each year thousands of attractive young ladies flock
to various hot spots to enjoy spring break. The big four are Daytona
Beach, Fort Lauderdale, South Padre Island in Texas, and Palm
Springs. You may also wish to check out Lake Havasu, Arizona. A lot
of producers follow them, in search of attractive and inexpensive
talent. With so many beautiful young women concentrated in these
areas, it’s not at all difficult to find willing participants for your movies.
They go to unwind and have fun, often leaving their inhibitions
behind.
What really works in our favor is that a lot of them end up running out
of money very fast. It’s highly conceivable to spend a week at one of
these locations and come back home with enough content to put two
or three movies together. And the words “Spring Break” on a box
cover don’t hurt sales, either.
Let’s not forget about Las Vegas! This city is packed with beautiful
young women. They are everywhere, many of them working as
dancers and strippers. A lot of them would be very open to being in
your movie if you come across as a pro. Vegas is full of hustlers, fast
talkers and fly-by-nighters, so be your sincere and professional self. A
good source is the want ad section of Las Vegas X Press, which you
can find in just about any convenience store.
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Definitely hit the strip clubs. The women who work there are stunning
and usually open to considering video work. Remember to provide
your contact info to whatever lady you speak with. Inform the ladies
that you will be in town for just a little while and you are looking for
potential talent to star in one of your adult videos. Yep, it’s really that
easy to do.
Really, amateur models are everywhere. They are plentiful, willing,
and available.
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Here are a few more steps that will help ensure that your
photography/video experience is pleasurable, profitable, and legal.
1. Find yourself a female partner.
This is NOT a requirement. However, girls respond better to other
girls. If your target is exceptionally hot, chances are she has
already been approached by every con man in sweat pants in your
area. She will be wary. She will be skeptical. She might just say
no. Hire a girl to be your “front man”. Pay her a nice commission
for every girl she gets to model for you. Basically, you are paying
this girl to hang out at places girls like to hang out at and talk to
other girls. Is there an easier job in the world? Give her $50 for
every girl that she brings to you that actually gets naked for you.
2. Let them know what you expect.
At your first meeting, tell them who you are and what you do. If this
is not the first girl you have ever recorded on video or
photographed, show her samples of your work.
If you have a website and have Internet access at your first
meeting, show them your website. Showing them that you have
experience makes you less of a creep and more of a professional.
Tell them about the shoot and exactly what it is you expect from
them. If you are going to ask them to masturbate, let them know
that. If vegetables are going to be involved, let them know which
vegetables you will be using, and what parts of their body you
expect her to be using them on. Tell her who will be present at the
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shoot and what each person’s role is in the shoot. Explain to them
your policy on boyfriends / husbands / fiancés being present at the
shoot. Your policy is not to allow it. You don’t want strange
people wandering through your house! If she balks at that, be
diplomatic, and tell her that her bringing somebody would upset
the balance of the shoot. This is your livelihood, after all. I have
had a few pros tell me “I’ve been working with photographers for
years and you’re the first who doesn’t want me to bring a
chaperone”. My response: “yes, but I’m not a photographer. I’m a
film maker, and by bringing somebody you will upset the balance
of my shoot”. If she still balks, perhaps it’s time to bypass this
young lady as a prospect.
3. Give them the paperwork.
At your first meeting, give the model all the paperwork that she (or
he) will be required to fill out and have her return it to you the day
of the shoot, already
completed. The last thing you want is for the model to later claim
that you didn’t give her enough time to read and understand the
model release.
4. Tell them what to bring and how you want them to look.
Spell out for them exactly what you want them to bring and how
you want them to look the day of the shoot. If you have specific
outfits in mind that you will not be supplying, make sure that they
understand that and remember to bring them. If you want their hair
and makeup to be done a certain way, let them know that too.
Make it clear that hair and makeup is to be done before they get to
the shoot. Girls take a long time to do their hair and makeup. The
last thing you want to be doing is waiting for them to do it. When
they hit your place, they are on the clock. Make sure that all of
their essentials are taken care of in advance, on their time. Most
important, write all this down and give it to them so they don’t have
an excuse when they forget something.
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5. Tell them how much you are going to pay them and when.
At your pre-shoot interview, let the model know exactly what she is
going to receive for getting naked for you. Tell her the dollar
amount, and the period of time that she will be working. Write this
down on the release that you give her so that there is no
misunderstanding the day of the shoot. Also, pay the model the
day you shoot her. When you are all done with the shoot, discuss
with the model how she did, and hand her the cash (or check).
You’ll also need to agree about this ahead of time, whether she
prefers cash or checks.
6. Explain the negatives.
Be very upfront and honest with them about what they are
committing to. Explain to them the reason for a release and what
the release does. Explain to them that the pictures that they are
about to allow you to take belong to you, will always belong to you,
and that they will never have any rights to those images. Ask them
if they are concerned about exposure. Explain to them that if they
are concerned that somebody they know might see the pictures
that they probably should satisfy their kinky sex fantasies another
way.
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This is important not only for them, but also for you. The last thing
you want to be doing three weeks after the shoot is dealing with a
crying model. Keep in mind that this is a business, although there
are not very many businesses that are as fun and exciting as this
one is. Treat the models with honesty, and respect, and before
you know it, her friends will be calling to arrange their pre-shoot
interview. There is NOTHING like word of mouth to help you build
a nice stable of girls to work with. Treat the models poorly and you
won’t be able to hire a blow up doll. Most of all, relax and have a
good time!
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YOU NEED TO KNOW HER AGE! It is illegal to film, video or
photograph anybody under the age of 18. And they must prove their
age. Ask for two pieces of identification. The US government on June
23rd 2005 passed a tough new law (18 U.S.C. Sec. 2257) that states
that producers of adult entertainment must have copies of specific
forms of identification of their performers. Section 2257 is ostensibly
aimed at preventing the exploitation of minors in pornography. I have
posted the entire amendment, as well as the complete law, at the end
of this document. And, man, is it dry reading….
Basically, all it requires is this: you must have at least two of the
following: a passport, a state driver’s license or an identification
card issued by the same governmental entity that issues driver’s
licenses, a “Green Card” or “other employment authorization
document issued by the United States”. The overall requirements are
that the ID a) contain a photo of the individual identified, and b) be
issued by the federal or a state government.
I’ve never had a model be able to provide two forms of photo ID. So I
will accept a driver’s license and a SIN card. One has a photo on it,
the other does not, but both are government issued.
If someone looks young and doesn’t have one of those, that should
set off an alarm. Have them bring those items with you when you first
meet. Before you do any work with a model, photograph or photocopy
her two pieces of identification. Keep duplicates. What I do is video
tape them holding both pieces of ID beside their face as they say into
the cam who they are, their age, that they are not on drugs or drunk,
that they know what they are about to do, and what they are doing,
and they are there voluntarily.
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Like any other records, it is imperative to have an off-site backup. The
last thing you need is to have your records destroyed in a fire, ending
your ability to distribute your library.
I cannot stress the importance of this enough. The onus is on you,
the producer, to be able to provide to the Department Of Justice, on
demand, two forms of ID for every model that has appeared in any
material you have created.
On your website you will have a link, or button, labeled “2257
Compliance”. This will take the visitor to either an address where all
your records are kept, or an email address or contact form that the
visitor can use in order to submit an inquiry.
Even if you are NOT a US based website, you must have this,
because no billing company will do business with you without it.
Interestingly, only 25% of US based websites have this link on their
sites (one wonders how they get billing). You can bet those will be the
first sites that the Department Of Justice goes after. If inspectors
show up on your doorstep, you’ll be covered because you have all
the proof of age and identification you require.
YOU DO NOT WANT PROBLEMS WITH THE GOVERNMENT! With
a few simple steps, you won’t.
What to pay your models: It depends where you are and at what
level of production you are at. I am assuming that if you are reading
this e-book that you are not a high level producer in Los Angeles, and
that you’re just starting out. At the top level of the industry you could
pay an actress $1000 per scene!
At our level (starter to mid level), $300 - $600 is a common wage per
segment in the industry. The price varies depending up the quality of
the actress and what she will be doing in your pictures or on video.
You’ll pay more for models willing to have sex on cam than you
will for models who will merely be getting naked.
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I start with $75 per hour for straight photo shoots, with a 3 hour
minimum. I’ll pay up to $125 per hour for a picture and video session
when oral sex is performed.
Or you may have one of those complete amateurs who are doing it
for the thrill of the experience. If it is only nudity, you can often get
women to pose quite inexpensively. A lot of young women consider it
cool to be on the net, it gives them bragging rights. I’ve done shoots
with stunning young women who get naked and masturbate and paid
them less than $50.
I’ve found that the following tactic works well for this type of model;
I’m a photographer (or film maker) in the business of glamour
imagery. It’s my business to make women look as beautiful as
possible. Tell them they can always come down to your studio (if you
have one) or get together somewhere for some test pics and video….
Perhaps you’ve told her that she is auditioning for a movie or a photo
spread you are producing.
Do the shoot, and every girl will want to see her pics and videos when
you are finished. You’ll give her copies if she signs a model release
form, plus you’ll throw in $50. You’ll be surprised at how often this
works.
Also, and this may sound obvious, but it’s extremely important to
have attractive women in your pics and videos. Sounds simple,
doesn’t it? But how many unattractive women do you see in pics and
videos? When people go into video rental stores, or think of signing
up for access to website, they look for attractive women. So go for
quality, not quantity.
$300 - $600 is a good price when basic sexual acts are involved.
These are ball park figures. Basically, it’s what ever you negotiate
with a model.
Guys are available inexpensively. There is no shortage of men who
will be willing to have sex with an attractive young woman. Put an ad
in the paper soliciting men for adult movies and your phone will ring
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off the hook (although I would refer them to your website and contact
via email). What you pay them is up to you, but it sure won’t be what
you pay the females… if you pay them at all. Many will do it just for
the experience… and the bragging rights that come with being a stud
in a porno ☺
One other question I get asked a lot is about shooting in foreign
countries, where talent is inexpensive. Places such as Russia,
Eastern Europe, South America.
The reasoning is sound: these are places with depressed economies,
and hence one should be able to find outstanding talent at low prices.
Yes, but I would stay away from these places unless you really know
the environment. In Russia, for example, the country is run by crime
organizations. They don’t want competition. Plus, I’ve heard many
stories of kidnappings for ransom. In other countries you are open to
extortion from corrupt authorities, who will throw you in jail until you
can bribe your way out.
Prague has somehow turned into the model center of Europe. You
can do a Google search for photographers who will perform shoots
there on your behalf.
My advice is stay out of those countries unless you are from there or
very well connected, and know that you won’t be compromised. Also,
there could be laws that you simply do not know about. My rule of
thumb is: Always assume it’s illegal unless you know it’s not.
In fact, that’s a good rule of thumb regardless of where you are
producing. If you think it is illegal, it probably is. If you are not
sure, take the time to check with your lawyer.
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You have your models, now what? Did you make copies of her
identification? If so, now you’re ready to begin (at the end of the shoot
she will need to sign a model release. In fact, everybody who will be
in your movie and/or pictures will need to sign a separate model
release. More about that later).
You’ll need to give thought to how you want to present your model:
how she’ll be dressed, what poses, what locations, and in the case of
video, what she will be saying, and what story line, if any. “Casting
couch” videos, whereby a model talks to the camera and describes
her sex life, then strips and masturbates, or perhaps engages in oral
sex, are very popular. Women are portrayed as real people, and it’s
almost a voyeuristic thrill. Plus, they are less expensive to produce,
since you don’t need elaborate locations, props, crews, etc. Just a
guy with a cam and a girl. It sells. Big time. Just ask Ed Powers.
Remember, whatever content you create is what you will become
known for. So if you want to build up a following (and sell more
product) you need to pay attention to your overall approach.
Plan the entire shoot, leave nothing to chance. You’ll be shocked
at how rapidly time flies by when you are into the shoot. Eventually,
you’ll learn how to maximize every minute of a shoot. In fact, with
good planning, you could use one shoot to capture enough content
for several websites or videos.
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I find it useful to plan everything with an action tear sheet.
Shoot: Pretty Teen Cody
Date:
Scene
Talent
Location
Actions
Clothing/Props Expenses
Shopping
mall
Cody
Mall, plus
in line at
pharmacy.
Tight jeans.
We want to
see that
shapely ass
House,
interior.
We’ll use
my place
for this.
Cody
Living
room
Standing in line. Get
shot from behind.
Move up to her and
start talking. Get
some shots of her
walking through the
mall.
Cody still in tight
jeans goes through
her bag of clothes
and shows us outfits
she has brought for
the shoot. Get lots of
shots of her bending
over.
In a short skirt she
tells us her sexual
likes and dislikes.
Knees up, legs
together, no panties.
She reads directions
of thermometer and
opens package.
Then hands to me
and we ascertain
“how hot her ass is”
We follow her
upstairs to the
kitchen, where she
goes through
cupboards and
drawers looking for
“things to put into
my ass”
Downstairs Cody
Den
Downstairs Cody
Green
chair
Upstairs
Kitchen
Cody
$300 talent
fee
Codys clothes
Mini skirt
Mini skirt,
internal
thermoneter
$10
thermometer
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Upstairs
Cody
Couch
Upstairs
Cody
Couch
On her stomach with
skirt pulled above
her ass. This will be
the ass fingering
scene
Masturbation scene, miniskirt
with me doing the
honours
Lube
Lube. Also,
ensure cam
on tripod for
long shot
Notes: Never done anything anal before, so ensure lots of lube available. Ensure she
brings: tight jeans, mini skirt, bathing suit. Not into oral so much work around that. Has no
objection to thermometer insertion. Likes cats.
I have included a copy of a blank action tear sheet that you can print
out and use for your shoots. This tear sheet is one I used to plan my
Cody video. You can see that this shoot was pretty basic. This was a
simple one girl shoot, but planning out my shoot would have been
crucial had it been a complicated shoot involving multiple locations
and talent.
For example, perhaps you have ideas for a website (or video)
involving up skirts, and another centered around oral, another based
on one of the more unusual fetishes (like smoking, or balloons. Girls
holding balloons seem to be a turn on for some strange reason). You
could use one model, or number of models, for different scenes for
each site (or video). You get the idea.
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Hotel rooms are always a good place to do a shoot. Now, the hotel
room thing has been done to death, but remember, it all boils down to
the viewer wanting to see attractive young women spreading their
legs. Whatever the environment, the same basic formula applies:
Creating anticipation
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Getting to the sex/nudity
That formula works whether you’re in a car, hotel room, bathroom,
park, or under a bridge. Build up is extremely important. Tantalize in
the beginning and build up to the nudity. When you see too much too
fast, your mind does not have enough time to process the fantasy.
But when you see a breath taking woman who is revealing just a little,
then the possibilities to fantasize are limitless.
Here is an example. I produced a line of movies called Motel Teens. I
had a very low budget, since I was just starting out at the time. I
would be hiring attractive young strippers and taking pictures and
recording video in hotel rooms. So what could I do to make it a little
different?
I played a character. The camera was my pair of eyes. It would be as
close to the viewer could be to actually being there. I would be a
traveling salesman kind of guy who would convince attractive young
women to come back to his room with him, and eventually, through a
bit of wine and a LOT of flattery, get them to strip.
Of course, this was all set up with the models I hired before hand.
They loved it, they all had a great time, and it came across as being
real and unscripted. The sort of content that sells. Because another
golden rule applies:
Guys want to see REAL girls doing REAL things!
For example, in my movies, I would begin a scene this way; I would
walk up to them in a mall, or a lobby of a building… they would act
surprised that I had a camera, we would get to talking, then I would
fade out and then fade into a scene of her doing something, like
walking around a park, or browsing for clothes in a mall, or anything
normal just so we can get a sense of her as a person, and build up
some anticipation.
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Then I would cut to a scene where she is in the hotel room and we
are talking. I would edit it all so that there was a sense of time having
passed, and this would add legitimacy to the scenario of a middle
aged guy convincing real girls to come to his room. She would be
relaxed, and having fun, and divulging details about her sex life
(every guy likes to hear girls talking dirty).
She is still dressed at this point, and I am asking her questions and
she is responding, and I am moving the camera around various parts
of her body. Her pretty smile, her jean clad ass, maybe she’s wearing
a mini skirt and has her legs crossed. Remember; tantalize me before
we get to the nudity.
I would start off with fairly tame questions, like what age did she lose
her virginity and did she have pleasant memories of it… what age did
she first masturbate (c’mon, everybody masturbates), how did she
learn, etc. Then I’d move onto increasingly more probing questions:
does like having her ass played with, what’s her favorite position,
does she give head, etc.
Know these questions ahead of time. Think about every question
you would like to ask of a stunningly attractive young woman, and
write them down. Keep adding to the list as questions come to you.
Have this list with you at your shoot. You don’t want to waste time.
Plus, these are questions you’ll be able to use for every one of your
videos.
So then, keep it real, and natural, and stay away from music. It’s a
turn off for the viewer, and detracts from the natural feel of your
movie.
I still sell these movies, and people still email me and tell me how
great they are and they could tell it wasn’t set up and when is my next
movie coming out?
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Those movies would not have been as successful if I had just rolled
the camera while a girl masturbated on a bed. They worked because
there was buildup.
The viewer got to see a stunning 18 year old walking along in a
shopping mall in tight jeans, just like they do every day… but this time
they got to see her come to a hotel room, chat a bit about her sex life,
then take her clothes off, somewhat shyly, and eventually masturbate
in front of them. I took the time to establish her as a real person, not
just an open crotch.
Because guys not only want to see real girls doing real things, they
want the second golden rule:
Guys want to see girls doing the things they don’t get to see
them normally doing.
Like masturbating, showering, shaving their coochies, inserting
objects into their rectums, sucking penises… you get the idea. Keep
those two golden rules in mind and you’ll be set. It’s worked for me.
And Seymore Butts.
And I’ll say this again because it is absolutely key to your success:
people want to see innocent, natural, beautiful young women.
The type of girls that you would not expect to see naked and/or
having sex in front of a cam. Tired, cheap looking, tattoo
covered and pierced unattractive women do not sell movies.
Make golden rule #2 your mantra: Guys want to see girls doing the
things they don’t get to see them normally doing. Burn that into
your mind. I know, it sounds like I’m, nagging, but I truly want you to
be successful.
Oh, and keep your movie to between 60 minutes and two hours in
length. No shorter than 60 minutes.
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So be creative. Ask yourself what you would like to see, and then
create that on video. Spend some time at the video rental stores
looking at box covers, and learning about what is hot in adult video.
Find the types of movies that you like, and figure out how you can do
it differently. You are using your grey matter to figure out an
angle on a popular trend.
I find it useful to make a list when I get home from my video store
market research. I write down the movies that caught my eye (and
what movies the counter clerk told me were best sellers), their genre,
and what makes them distinctive. And then I will try and find an angle.
What could I do that took a bit of a different approach?
For example, teens and anal are very popular genres right now. Run
some ideas through your head and word them as they would be
describe on a box cover. “First time teens who (blank)”. “Coeds who
(blank)”. “MILF’s who (like to flash in public?)” Fill in the blank and
you have a concept.
GIRL-GIRL scenes always do well. In fact, if you are making movies
for distribution, try and have at least one girl-girl scene in any movie
you are doing. Girl-girl action is like a double breasted suit: it never
goes out of fashion. Also, remember to always place your girl-girl
scene in the middle of your movie, and work up to it.
Group scenes are popular, as are threesomes, and anything with
teens is REALLY hot these days. However, like everything, tastes
change. Plan to make regular trips to an adult video store for market
research. The size of each section will give you a good idea of which
way the trends are going.
Your movie should have no less than three segments. Depending on
the genre it could be more. If you’re selling amateur movies via your
website you can get away with three segments. Distributors are more
demanding, however, and may require 8 or 9 segments. Your best
bet is to rent a bunch of movies and see how many segments they
have.
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To look into the camera or not? This applies mainly to still photos. I
see no end of photo sets where the girl is looking right into the
camera. Whether this is appropriate or not depends upon the
scenario you are trying to create.
I hear a lot of photographers tell me that by having the girl look into
the camera they are creating a sense of intimacy. This is one school
of thought. My personal tastes run contrary to that. I think a picture of
a girl looking into the camera looks posed and phony. I would prefer
to create a more voyeuristic experience, unstaged, where the viewer
can be a fly on the wall while a stunning young woman does her
thing. I feel this creates a greater sense of reality. Either approach
works, it’s up to you.
For video, however, my approach is different. I like to create point of
view video, where the viewer has a sense of actually being there, and
the camera serves as the viewers eyes. Hence, in my videos, the girl
is always addressing the camera when she is talking to me.
In other videos I am not a part of the story at all. I will put the camera
on a tripod, leave the room, and see what the girl does by herself.
Sometimes I will hand over the camera to her and ask her to use her
imagination, then I’ll leave the room. You can create some amazing
video that way.
Here are some tips if you’re going to be shooting in a hotel or
motel room. Try and find as unusual a hotel room as possible. Or
better yet, do a Google scan for Inns in your area. Inns generally
have more homey and cozy rooms.
A lot of the better motels have suites that have French doors and
fireplaces. Rooms also rent out by the day, or even half day, versus
an overnight stay, so you can get a better rate.
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If you feel you’re raising eyebrows by asking for a room for a few
hours, and you have a bunch of camera gear and a stunning young
girl or two with you, you can always state that you’re shooting a low
budget horror film, or you’re creating pre-recorded interviews for a
movies publicity, and this is one of the actresses.
There was a very nice hotel I always used to go to because it had
amazing rooms with a fireplace and I could get them for the day,
instead of for the usual 24 hours.
I always felt self conscious because I had a cart full of camera and
lighting equipment and a teenaged girl with me. My story always
worked: I’m doing second unit filming for a very low budget gothic
slasher film. “Second unit”?, the counter clerk would ask. I would
respond with “Yep. We’re doing pre-recorded interviews with the
actress to send out on B-roll to the TV stations. You know those
behind the scenes documentaries in the special features of DVD’s?
That’s what we create.”
Or this: once I was in New Orleans in the French Quarter during the
day, taking pictures up a girls skirt. In broad daylight. I had a lot of
stares. If somebody got too close or suspicious I merely said that we
were shooting an underwear ad for an urban lifestyle magazine.
It works ☺
Dealing With Talent.
First up: business. Get your talent to furnish you with two pieces of
ID, take pictures of both. Then get each talent to sign a separate
model release form. Reserve payment until after their work has
completed. If you pay them and they change their mind (it happens)
you’ll have a hard time getting your money back. So don’t pay them
until after the shoot.
On to the shoot! As a successful producer, you’ll find yourself
dealing with two different types of talent: professionals (strippers,
models, actresses) and amateurs (basically, anybody who has never
been on camera before).
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Remember that you’re dealing with a person. It’s easy to lose sight of
this when you’re intimidated by a stunning young thing half your age.
You may have a tendency to gawk. This would be normal for a first
time producer.
On my shoots I make wine available to the talent. No other alcohol (or
drugs) because you could lose control of the shoot. Just a bit of wine
to help you both relax. Spend some time chatting. Chat about
anything (not sex), just small talk.
If she’s a true amateur, she’s going to be a little nervous. I always
have handy some pics of my previous work, depicting the model
having a good time, and emphasizing her beauty. Again, flattery will
put her at ease. “This is all about capturing your beauty on pics and
video”.
Sit well away from her, not next to her on the couch. You don’t want
her to feel intimidated. You want to come across as a pro, nonthreatening, and credible. A professional producer of erotic movies.
And as a professional you will need to make copies of her two pieces
of ID, the ones that you reminded her on the phone to bring. Now is
the time to take photographs of the ID, several photographs from
different angles. If you have a video camera, capture her ID on video,
as well. It doesn’t hurt to have as many copies as possible, in case a
copy is blurred.
Then she’ll need to sign a model release. Explain to her that this is for
the protection of you both; that it’s a document stating that she is of
legal age and has consented to be photographed and video
recorded. You’ll find a copy of a model release towards the end of
this document. Just print it out and take it along with you on every
shoot.
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So you’ve taken care of business. You have recorded her legal IDs,
and she has signed the model release. Now you’re ready to get
rolling on the shoot.
The biggest hurdle is making the girl feel comfortable, get her to trust
that you’re going to do a great job with her, and then show her a good
time. Just be friendly and down to earth.
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Every girl is into something, and it’s your job to figure out what that is
and get her to talk about it. If you can do that, the rest is easy. Just
entertain her, and push the button at the right moment, standing an
appropriate distance away (non-threatening, remember?). If she
laughs at your jokes, that’s a bonus. The more report you have
established, the more she’s giggling and having fun, the more she will
do for you on-cam.
For every pose and scene, explain what you’re doing. Girls like it
when you explain things in advance. It also makes them feel
important, and not a piece of meat. You want her personality on tape,
as well as her erotic parts.
If she’s a pro you can just start in having her do whatever you’ve
agreed to. If she’s a first timer, you’ll need to take your time with her.
Progress the shoot at the pace that you sense she is comfortable
with. If you can’t get a feel for her comfort level, just ask her. Are you
comfortable with this? Are we going too fast? This will also show your
concern, and add to your credibility.
Keep all of this in mind (after a few shoots it will become second
nature) and you will be pleasantly surprised at the high quality of
content you are creating.
Did you pack the condoms? I strongly recommend the use of
condoms during any shoot involving intercourse. Depending upon
where you are, it may be legally required. The industry has a health
website, and they may be able to answer any questions you may
have: http://www.aim-med.org/
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Content, of course, is the very heart of your site. It’s what people will
be paying for. First, decide whether you will be providing original
content or content purchased from other sources.
Original Content consists of any material you produce yourself. This
can be time consuming and expensive, but the way to go if you want
a unique product. Doing it yourself requires equipment, know how,
recruiting of talent, and money to pay that talent, unless you work out
another arrangement. It’s also a lot of fun to create your won pictures
and video.
Purchased Content is material you purchase from a provider, or
contract somebody to do for you. Content is primarily in the form of
still pictures and video. Video is in the form of short clips, and also
streaming video. You can also link to streaming video sites, whereby
you link to somebody else’s site but to the subscriber it appears the
source is originating from your site. Basically, you get a commission
when ever a user passes through from your site to the site that is
providing the streaming video. This works out well; you make some
money without incurring massive bandwidth fees. Ah, bandwidth.
What a minefield that whole realm is. We’ll cover bandwidth shortly.
The easiest and most profitable site is a picture site. This is a website
that sells access to pictures and possibly video clips (mpegs and
wmv). Both are much in demand. Picture sites are easy to operate
because fulfillment can be automated.
A billing company such as CCBill would provide you with the snippets
of code you need to charge credit cards and also generate
memberships that garner instant access. This works for you 24 hours
per day, 7 days per week. It’s been said that the perfect business is
one that generate income for you while you sleep. An automated
web site fits that bill nicely.
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Multimedia Inc.
Videos are also popular, especially in this day of computers and
camcorders. I personally like video and the process of producing and
editing. Demand for video on the web is increasing, due to many
people having high speed internet connections.
Best bet if you have limited funds and want to get into the
business quickly? One of three things:
Hire a model, put together a video, and sell it via your website (or
ebanned.com), either on DVD or as access to video clips online. If
you have still pictures of your model, even better. This content you
can market to consumers, or to other websites, as a content
provider, or both.
Purchase content from a provider and start a site.
Join a partnership/affiliate program (more about that later)
In both cases the easiest, fastest and least expensive method for
collecting payments online would be via a third party billing company.
We’ll get back to that in a minute.
I want to expand a bit on point number one (hire a model, put
together a video, sell it via the Internet). This is a very good way to
get started if you’re on a budget. For less than $500 you can produce
a DVD that you can sell on your website, and via some highly
targeted auction sites, such as www.ebanned.net ,
www.clips4sale.com, www.nookieauction.com,
www.naughtybids.com, www.Ebid4adults.com, www.bangbids.com,
www.406bid.com, www.adultbids.net, www.matureauctions.com,
www.hotmovies.com
Many people don’t realize that EBay has an adults only area. It’s
located in “everything else, mature”. Oddly, this area is not accessible
via ebay.ca, but only through ebay.com. Note: when listing your items
on eBay, do not use the words TEEN or TEENAGER, YOUNG or
LOLITA anywhere! EBay automatically scans for those words and will
not permit the listing.
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With one DVD you can make quite a bit of money. Remember, on
the Internet you don’t need sexual content. There is a market
consisting of people who want to see a highly attractive young
woman getting naked. When there is no sex required, it is easier to
find attractive young women to shed all on cam, and they are far less
expensive than “pros”.
So lets say it costs you $400 or $500 total to create DVD. You would
list that DVD on a website you create and on the auction sites
mentioned above. List the price as $9.95, if you sell ten per day you
can see how quickly you’ll make your investment back, plus, the DVD
will keep making money for you pretty well for ever.
I have several such low budget non-sex DVD’s that I keep listed
permanently on those auction sites, and together they average a
$1000 a week. That’s pretty good money, given the little effort that
went into producing them. In ten, even 20 years, those DVD’s will still
be making money for me, because people never tire of looking at
beautiful nude young women.
For billing I use www.myvirtualcard.com (do NOT use Paypal).
Here is one of my low budget DVD sites: www.prettyteenvideos.com.
You’ll also find those DVD’s on eBay and those auction sites I
mentioned. My nicknames on all the auction sites are Catwalkx and
also producers_lounge. Do a scan and you’ll find my movies.
I have found that most people bite off more than they can chew
when they first get into the business. They have visions of a
spectacular sex movie but get into trouble when they quickly run out
of money.
I am pointing out that you can start out with a small budget, and one
DVD, and make back your production costs fairly rapidly. After you
have recouped your costs, any further revenues are pure profit, which
you can use to produce another DVD. Pretty soon, sooner than you
think, you’ll be at a stage where you have 9 or 10 DVD’s that
collectively are generating a thousand dollars a week.
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Start off small and work your way up. If you’re a reasonable person
and have a good product, you’ll start experiencing success fairly
rapidly.
When you start making more elaborate and expensive movies that
contain sexual activity, have a look at Adult Entertainment Broadcast
Studios (http://www.aebn.net/index.cfm?fuseaction=main.studios).
They distribute movies on a pay per view basis, and serve a LOT of
the big studios. Also, www.hotmovies.com, who broadcast pay per
minute.
A word about selling on eBay: “buy it now” options aren’t available
for the mature audience section of eBay. Remember, do not use the
words TEEN or TEENAGER, YOUNG or LOLITA anywhere.
They also have some very nit-picky rules. Make that a LOT of nitpicky rules. I’ll save you the time and post the rules here:
1) Any visual representation of human genitals presented in such a
manner as to suggest sexual activity
2) Listing descriptions featuring bodily fluids
3) There must be no more than two photographic images of nudity
in the listing. To eBay, a breast, even a nipple, constitutes a nude
image.
4) You are also not allowed to “censor” or “black out” nude images.
So if you have an image depicting sex or nudity, blurring out the
genitalia will not be enough.
Here is the list of “don’t do’s” from eBay:
“The following will not be permitted:
- Persons may not touch another persons breast with their mouths
- Describing the item as hardcore even if the actor or actresses name
includes hardcore
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- Images depicting people touching their own genitals/anus or other’s
genitals/ anus.
- Sellers may not block, crop or edit images that would otherwise not
be allowed on eBay.
- Descriptions or photos stating that the box or video covers are not
allowed because they are to graphic or eBay will not allow you to say
more are not permitted
- No images that depict only genitalia
- Descriptions depicting penetration or oral sexual acts and graphic
portrayals of human genitalia
- Images portraying graphic sexual activity or graphic portrayals of
human genitalia
- Hidden camera videos and amateur videos containing adult/sexual
activity
- Listing descriptions depicting graphic violence and/or obvious bodily
injury: This includes the following banned terms: BDSM, SM,
whipping,
spanking, torture, hurt, pain, extreme, rough, punishment, paddling,
humiliation, black and blue as well as discipline. This list is not all
inclusive.
- Listing descriptions or titles featuring bodily fluids: terms such as
cum, goo, spunk, drink, swallow, gulp, GGG, facials, bukkake and
Gokkun
are not allowed. This list is not all inclusive.
- Underage terms such as lolita, teen, young girls, young boys, etc.
- Necrophilia
- Links to sites that contain items prohibited on eBay (including those
outlined in our Mature Audiences policy and those that do not comply
with our Links and Advertisements and Credits policies)
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- Listing titles which represent any of the above and what is covered
under our existing policy
- Descriptions or titles which describe an item as XX or above. This
includes actors or actresses names that may include XX or XXX.
Examples
are Foxx, or Foxxx
- Descriptions containing profanity
- Used underwear - including but not limited to, boxer shorts, panties,
briefs, athletic supporters”
Sellers may only list no more than 2 adult images per auction. For
amateur videos, sellers must include the following disclaimer in the
listing:
”This video was produced professionally and all models/actors that
were depicted in the photos and the video at the time the photos were
either taken or the video was filmed were at least 18 years of age or
older. All models/actors were compensated for their performances.””
So you can see that eBay has very strict rules, and they will enforce
them
One wonders why they even have an adult section. You’ll need to
endlessly tweak your ad to before it is acceptable, but it’s worth it.
EBay’s audience is massive. You can view eBay’s entire policy here:
http://pages.ebay.com/help/policies/mature-audiences.html
TIP!! Here is how I maximize my ads on Ebay. Lets say I have 4
auctions running (I always have at least 4). I will put together one
stellar auction of three or four DVD’s, and list it as Featured Plus.
Featured Plus costs an extra $19.95, but it’s worth it because it lists
your auction ahead of all the others, so you don’t get lost amongst the
thousands of other auctions. This is the auction that will generate the
most attention.
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THIS AD IS GOING TO GENERATE A LOT OF TRAFFIC, AND YOU
WANT TO FUNNEL THAT TRAFFIC TO YOUR OTHER AUCTIONS
AS WELL.
So what I do is have a banner listed two or three times on my auction
page, that lets users know that I have other auctions. This is the
banner I currently have running:
People click on this and all my auctions are listed. But, you need a
snippet of code to do this. Associate whatever banner you use with
the code:
<A
href="http://cgi6.ebay.com/ws/eBayISAPI.dll?ViewSellersOtherItems
&userid=YOUR EBAY ID
HERE&completed=0&sort=3&since=-1"
target=_blank>
See the blue code above? Simply subsititute your Ebay ID. The code
looks complicated, but isn’t. You needn’t even know how it works.
Just cut and past that into your HTML page.
Click on the pic above and you’ll see all my ebay auctions.
This is a VERY powerful mechanism. It will allow you to leverage all
the traffic from one auction that is listed as Featured Plus. Pay for
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Feature plus once and all your other auctions can leverage a great
deal of the ensuing traffic.
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Getting back to the main topic…
So the process for getting an adult entertainment website is thus:
Concept. What type of concept will you be offering? The more of a
specialized niche, or angle, that you can find, the better.
Domain Name. What will be the name of your site?
Register The Name. Your website must be registered so that you
have a protected name, and your customers can get to your site.
Do not use fake contact info! This will make you a target for the
Department Of Justice. But you do not want this info to be public,
so use a registrar that has a privacy feature available.
Godaddy.com, for example, charges a few extra dollars during a
domain name registration to activate the privacy feature. I highly
recommend Godaddy.com as your domain name registrar of
choice (I use them for all of my sites)
Obtain Content. Purchase it, or produce it yourself, or join an
affiliate program.
Create The Website. The look, feel, and layout of your site.
Review the website for legal compliance (more about that later).
Find A Web Hosting Company. They have the servers where
your site will physically reside on the internet.
Get The Site Online. FTP (file transfer protocol) it to the host
company’s servers. If you have no idea what I’m talking about,
don’t worry, we’ll cover this later.
Payment Options. How your customers will pay you.
Market And Promote The Site. A course in itself. I have a section
all about promoting your site.
A word about AVS sites. AVS stands for “age verification system”.
These sites work based upon the assumption that credit card
companies do not issue cards to minors. So, then, if a user has a
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credit card, that individual is automatically considered to be of legal
age.
An AVS system will consist of thousands of websites, a network of
websites just like yours. When somebody purchases an AVS
membership they get access to all of the web sites in the AVS
system.
However, you only receive a commission if somebody signs up
through your website. You do not get a cut of the sales of the entire
AVS system. You could end up providing what is essentially free
access to your content to the thousands of customers who paid to
join OTHER websites. You will have the expense of obtaining
content, making it available on a server, and paying for it to be
transferred via the internet (I’ll tell you all about bandwidth overages
later), without seeing a penny of revenue.
You can probably tell that I do not like AVS systems. In my opinion
they are a false economy, plus I know nobody who is making any
money on them. However, feel free to explore for yourself. I have
included a list of the top AVS systems in the appendices.
We’ve already talked about the concept of your site: whether you’ll be
offering pictures, video tapes, streaming video, or all of the above.
Now you need a name. In actually fact I’m referring to your:
DOMAIN NAME. Your domain name is your web address, also often
referred to as a “url”. For example, www.PrettyTeenVideos.com is a
domain name. When people ask for the url (or domain name) of
Pretty Teen Videos, it’s www.PrettyTeenVideos.com
Since no two companies or individuals can own the same domain
name simultaneously, your web address is specific to you, and hence
totally unique. Domain name is key: it has to be easy to remember,
and preferably tie into the nature of your business.
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For example, www.PrettyTeenVideos.com is a website that markets
videos of teenaged girls (catchy, don’t you think?).
Your domain name will begin with the three w’s (www), and end with
one of the common domain extensions: com, net, org, ca, biz, info,
us. How does this affect you? These are all specific to the US and
Canada, and confer a greater degree of integrity upon a website than
a domain common to an obscure country. If your target market is the
US or Canada, you’ll be better off with one of these extensions.
Think of something catchy that reflects the nature of your website.
Decide upon your concept, and then think up a list of names that
would be catchy. Then you can do a search for availability through a
domain name registrar.
A domain name registrar is a website where you would go to register
your websites domain name. I highly recommend www.godaddy.com.
They are very inexpensive, and you have the option of paying a few
extra dollars to ensure that your domain name is private. Meaning
that your contact and personal info is hidden from everybody on the
internet. Believe me, you want this privacy option, or else you’ll get
inundated with spam.
So, decide upon a name for your website, search for the availability of
the name, and then register it. Then you’ll need to host it. A web host
is a company that physically accommodates the bits and bytes that
comprise your web site. They maintain the computers and network
connections to the internet, as well as security firewalls. You don’t
need to know any of those technical details. You will just be renting
space on one of their computers, and uploading your content to your
website. You’ll find a list of good web hosting companies in the
appendix of this document.
Obtaining Content By now you have a pretty good idea of what type
of site you’ll have. Content is the very heart of your website. You may
have heard the golden rule before: “content is king”. It’s what people
will pay to see. Millions of adult websites exist, so why would they pay
for your product instead of somebody else’s? Hence, understanding
the “essence” of your site, and what makes it unique.
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With content you basically have a choice: buy it, make it, or join an
affiliate program. The fastest and cheapest way to get going with a
website is by joining an affiliate program. In fact, if you have zero
cash and want to start a website, affiliate programs are an amazing
way to get started. I’ve met a few people who are making well over
six figures just with affiliate based web sites.
Affiliate programs are mechanisms that enable you to profit by
referring potential customers to other websites. You’re basically
sending people from your site to the affiliates site, who then pay you
a commission if that person signs up on the affiliate site. There are a
LOT of affiliate programs out there.
They work like this: you would create a site consisting of several
galleries of pictures that would be provided by the affiliate website. A
person who surfs over to your site is clearly looking for erotic
material. When that person explores your site and views the free pics
you have online, he will also very likely click on a banner (a banner is
a small advertisement with a link to another site. For example, Adult
Webmaster Magazine).
This banner takes him through to the affiliate site. There he has the
option of signing up for a membership with the affiliate site. If he does
so, you receive a fee (anywhere from $10 to $50).
It’s a pretty good system. I know a lot of people who run websites
consisting only of content provided by affiliate programs, and they are
making a ton of money. To reiterate: if you have little cash to invest,
then this is a good way to get your foot into the door. Basically,
you’re in the business of marketing other peoples pay sites.
They provide the content, you spend the time marketing your site in
the hopes that your visitors click through to the pay sites, and you
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receive a commission if they do. (www.nastydollars.com,
www.gammacash.com, www.herbalo.com, and www.insiteadult.com
are a few of the larger ones). You’ll find a list of the better affiliate
programs in the appendices.
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How affiliate programs keep track of the signups you bring
them. When you sign up with a sponsor, they will provide you with
content (pictures and sometimes video) that you can use on your
website. You would use this content just like you would your own
content, whereby you would build galleries and webpages for the
public area of your website. The idea is to create interesting
webpages that compel visitors to your site to click through to the
sponsors site, and sign up with them. When you sign up for an
affiliate program, you will not only be provided content, but also a
snippet of code that links your website to theirs.
Don’t let the word “code” scare you off. They create the code and you
merely copy it and paste it into your website. The snippet of code
contains your account ID, and when people click on the link it will take
them to your sponsor. Your sponsor will have a system that will
recognize that the visitor came from your site. If they buy something,
your account will be credited. Plus you will be able to monitor your
daily sales by logging into your sponsor’s affiliate program.
Affiliate programs are literally that simple. Again, if you have zero
start up money and want to create a website, affiliate programs are
the way to go.
If you already have a website with lot’s of content and wish to start
your own affiliate program, have a look at this outfit:
www.getnats.com
Content providers. The next least expensive way to start a website
is by using content you purchase from somebody else. There are
hundreds of content providers (you’ll find a list in the appendix of this
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document). You can get a site up and running for as little as $500.
The problem is that this content is not exclusive to you. If you can
purchase it, so can a gazillion other people. You’ll also be going head
to head with the big boys, the sites that have hundreds of thousands
of pictures.
The same applies to turn key websites. These are ready made
websites that you pay for and throw onto the internet. You can buy
them inexpensively, usually. EBay always has auctions for such sites.
But again, if you can buy them, so can countless other people, and
you won’t have a unique product.
IMPORTANT: You need to be careful about purchased content. It
must be supported by documentation. If you are buying
exclusive content, that is, content that was created specifically
for you, then you will need the original proofs of identity and
model releases.
If you are buying non-exclusive content, then the content
provider must provide you with a copy of the model release and
proofs of ID with the particulars blurred out (address and other
specifics blanked out), a license to use the content, and a link or
address on your 2257 disclosure listing them as the custodian of
records.
If you live in Canada or anywhere else, you still will fall under US
law. It’s a good rule of thumb to adhere to US regulations. Why?
They are the most stringent, plus the chances are some element
of your operation falls within US jurisdiction. Billing, servers,
etc.
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But if you took that $500 and spent it on your own video or series of
pictures, that is something only YOU have. It is unique. You can
either sell it to other websites, or make it available on your site, or
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both. I’m a big believer in producing ones own content. It’s what I do,
and we’re fortunate that right now original amateur material is very
popular. In fact, it is currently the most popular genre.
Fully 50 percent of all adult movies on the market today are
made by amateurs!
I like amateur content because it is real. It is also ridiculously
inexpensive to produce, because you do not need sets, professional
talent, production people. You can create it and market it yourself.
People do not expect, nor do they want, high production values,
music, plots, acting. They want reality, insight into lives of real people.
Looking amateur is a huge plus. I can’t stress this enough. On the
internet, this is where the opportunity is, and it’s how I’ve made my
fortune. It’s not the only opportunity, but it does afford access to the
largest audience for the least amount of initial investment.
Also hot is streaming video. You could conceivably set up a site that
offers nothing but streaming video, which is provided by streaming
video content providers.
So with four or five cd-roms worth of pictures, and/or two or three
video streams, you could be in business. Again, this is material that
would not be unique to you, and you can end up lost in the sea of
porn sites out there.
I also want to caution you on something. I have read a couple of
other “courses” about the adult business, and was shocked to see
that some advocate stealing pics from other peoples websites to use
on your own. “After all”, they say, “the Internet is a big place and the
chances are you won’t get caught”.
Yes, the Internet IS a big place. But do you really want to be a thief?
This is a tactic for bottom feeders. Our goal is to get you to the top
echelons of success in the porn business, and the top level is not so
large. It’s a small world up there, and word gets around. You don’t
want a reputation as a scammer, thief, rip off artist, etc.
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You needn’t stoop to skullduggery. You WILL be successful, and
you’ll do it honestly and legitimately, and be a respected producer
and business mogul. And they will still be bottom feeders scratching a
living. Oh, and they may be in jail because they don’t have the model
ID’s for the content they stole.
So purchased or original? If you’ve decided to purchase existing
content, then feel free to skip ahead to our next section, Design Of
The Site. If you decide to go the route of purchased content, I wish
you luck. Many people are doing it, and profitably. There’s no reason
you cannot. And don’t forget to check out the list of content providers
in the appendix of this document.
Even if you plan on producing movies only for distribution, I
strongly suggest that you have a website. It is too profitable an aspect
of the adult entertainment industry to ignore. In fact, with the several
hundred million people online, it’s interesting to note that the number
one keyword searched in every major search engine is the word
“sex”.
No big surprise there. But, the next nine top keywords are also
related to sex! Keywords such as naked, breasts, and pussy, round
out the top ten.
Designing Your Site.
There are basically two types of adult websites: those charging for
access, and those not charging for access (pretty basic, huh?).
A site that doesn’t charge for access usually is selling one or more
categories of items: video tapes, CD-ROMs, DVD’s, sex toys, etc.
They make their money by selling these items.
Sites that charge for access are broken down into two categories:
membership sites that charge a fee to enter, and adult verification
sites (AVS), which use an age verification service (a list of which
you’ll find in the appendix of this document.)
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In case you missed it a few pages back, AVS sites work like this:
basically you run a free site but before allowing others to view your
“free” material, they must first verify that they are over 18. They do
this by signing up with one of the adult verification services, for a fee.
If they already have a membership with the adult verification service
that you use, they can enter your site for free, so you make no
money.
You only make money when a user comes along who does not
subscribe to the adult verification service, and they sign up via your
site. The adult verification service then gives you a commission.
To me this is a false economy. You can only align with one adult
verification service. ANYBODY who has paid that service can enter
your site for free. You only make money in the unlikely event that
somebody comes along who hasn’t yet subscribed to your AVS.
Seems to me the only people getting rich from this business model
are the AVS companies themselves.
Plus, AVS based sites have a bad image on the net. Don’t forget,
every time somebody downloads a pic from your site, that ads to your
bandwidth expense. You can actually lose a lot of money with an
AVS site
If you decide an AVS site is the way to go, buy some pics, and find
the AVS service that’s best for you. A listing of AVS companies is
available in the appendix of this document.
Membership sites work differently. As the moniker implies, it’s a site
that has a private area that people pay to gain access to. You will
need a company that can process your sign ups. In other words how are people going to pay you to be a member? The answer to
that is pretty simple. You have to sign up with a service like CCBill or
Verotel. They will process all the credit card transactions for you and
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send you a check every month (some issue checks on a biweekly
basis.)
How Your Site Should Look
I’m sure you’ve seen a lot of porn sites. They range from slick to
clearly amateur. How yours will look will depend upon the type of
content that you are creating.
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I have found that my sites enjoy a tremendous increase in business
when I make my sites personal. That is, I let visitors know who I am.
Instead of merely a site listing pics, I built a site around a personality.
People like to know who is behind the site.
Content and creator are no longer separated. For example, if
Victoria’s Secret were launching on the Web today, we’d need to
know more about Victoria.
I tell little stories and anecdotes about my experiences on the shoots,
and write the text on my site as though I am talking directly to each
visitor, rather than announcing broadly to the masses. The more of
you that is in your site, the more your site will be distinguished from
the gazillion other sites out there. And it works! Just ask Danni Ashe
of Danni’s Hard Drive (www.danni.com).
Dannie’s site averages revenues of ten million dollars per year. I
read an interview with Danni, who said that she owes much of her
success to the fact that people believe they know her.
So personalize your site as much as you can. Create a character,
and base the site around that character.
Now, back to “the look” of your site. Regardless of the look, some key
elements will be required.
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(A technical note: all main web pages are named index.htm. When
a user types in a url, such as www.prettyteenvideos.com, the browser
automatically looks for index.htm. It is always the first page of any
website. So when you create your site, ensure the first page is named
index.htm. The subsequent pages on your site can be named
whatever you wish. After you sign up for a web hosting account,
creating a directory names “members”. This will be the area restricted
to paying members, and it’s where the billing company will put their
billing mechanism. All the content that your customers will have paid
to see will be located in the members directory)
Multimedia Inc.
First up is a legal “warning” on the front page of your site. It serves to
let the visitor know that he/she has arrived at an adult entertainment
site, and that if they do not wish to view material of a sexual nature,
they should not press the “enter” button.
This is a good way of protecting yourself. Your legal warning could
consist of the following:
“This website contains adult-oriented material that may be
offensive to, or illegal for some readers. This website also
contains explicit adult nudity. If you are offended by this type of
material then DO NOT ENTER THIS SITE. YOU MUST BE 21 OR
OLDER TO ACCESS THIS SITE! Please note that this site
contains sexually oriented adult material intended for
individuals 21 years of age or older. If you are not over 21 Years
of age, if adult material offends you or if you are accessing this
site from any country or locale where adult material is
specifically prohibited by law, please do not enter this site. This
website is an adult entertainment website not designed to
promote prurient interests. We do not warrant the information
presented here. Furthermore, a listing is not to be construed as
any type of implied endorsement for the authors or services of
the listed pages or the information contained thereon. To protect
our users from viewing adult-oriented material without their
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consent, we require you to read and certify the following
statements.
NOTE: DO NOT CONTINUE UNLESS YOU KNOW YOUR LOCAL
OBSCENITY LAWS, AND FURTHERMORE KNOW THAT THEY
DO NOT PROHIBIT THE VIEWING OF ADULT MATERIAL.
By accepting this agreement, I certify the following:
1. I am at least 21 years of age.
2. The sexually explicit material I am buying and/or viewing is for
my own personal use and I will never expose minors to said
material.
3. I am not a U.S. Postal official, or law enforcement agent, or
acting as an agent thereof, attempting to obtain any evidence for
the prosecution of any individual or corporation, or for the
purpose of entrapment.
4. I desire to receive and haven’t notified the U.S. Postal Service,
or any other governmental agency, to intercept sexually explicit
material.
5. I believe that, as an adult, I have the unalienable right to read
and/or view any type of material that I choose and that the
material and images contained in this website are not obscene
or offensive in any way, nor could ever be construed to be
obscene or offensive.
6. The viewing, reading, and downloading of the material and
images in this website do not violate the community standards
of my street, village, city, town, county, state, province, or
country.
7. That I am wholly liable for any false disclosures and
responsible for any legal ramifications that may arise from
viewing, reading, or downloading of material and images
contained within this website and that , the proprietors of this
website and its affiliates cannot be held responsible for any
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legal ramifications that may arise as a result of fraudulent entry
into, or use of, this website and/or material contain herein.
This warning page constitutes a legal agreement between the
operators of this website, and yourself, as well as any business
entity of which you have any legal or equitable interest. If any
portion of this agreement is deemed unenforceable by a court of
competent jurisdiction, it shall not affect the enforceability of the
other portions of this agreement.
I agree that by entering this web site, I am subjecting myself and
any business entity of which I have any legal or equitable
interest to the personal jurisdiction of the (whatever sate or
locality you reside in) should any dispute arise at any time
between the operators of this website, and myself and any such
business entity. “
I have this on all my websites. Of course, you don’t want to have that
text displayed on the entire page, merely a part of it. I put the text
inside a scrollable text box. Here is the HTML coding for that:
<form name=”form1” method=”post” action=””>
<textarea name=”textarea” cols=”80” rows=”4”>This website contains
adult-oriented material that may be offensive to, or illegal for some
readers. This website also contains explicit adult nudity. If you are
offended by this type of material then DO NOT ENTER THIS SITE.
YOU MUST BE 21 OR OLDER TO ACCESS THIS SITE! Please note
that this site contains sexually oriented adult material intended for
individuals 21 years of age or older. If you are not over 21 Years of
age, if adult material offends you or if you are accessing this site from
any country or locale where adult material is specifically prohibited by
law, please do not enter this site. This website is an adult
entertainment website not designed to promote prurient interests. We
do not warrant the information presented here. Furthermore, a listing
is not to be construed as any type of implied endorsement for the
authors or services of the listed pages or the information contained
thereon. To protect our users from viewing adult-oriented material
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without their consent, we require you to read and certify the following
statements.
NOTE: DO NOT CONTINUE UNLESS YOU KNOW YOUR LOCAL
OBSCENITY LAWS, AND FURTHERMORE KNOW THAT THEY DO
NOT PROHIBIT THE VIEWING OF ADULT MATERIAL.
By accepting this agreement, I certify the following:
1. I am at least 21 years of age.
2. The sexually explicit material I am buying and/or viewing is for my
own personal use and I will never expose minors to said material.
3. I am not a U.S. Postal official, or law enforcement agent, or acting
as an agent thereof, attempting to obtain any evidence for the
prosecution of any individual or corporation, or for the purpose of
entrapment.
4. I desire to receive and haven’t notified the U.S. Postal Service, or
any other governmental agency, to intercept sexually explicit material.
5. I believe that, as an adult, I have the unalienable right to read
and/or view any type of material that I choose and that the material
and images contained in this website are not obscene or offensive in
any way, nor could ever be construed to be obscene or offensive.
6. The viewing, reading, and downloading of the material and images
in this website do not violate the community standards of my street,
village, city, town, county, state, province, or country.
7. That I am wholly liable for any false disclosures and responsible for
any legal ramifications that may arise from viewing, reading, or
downloading of material and images contained within this website
and that , the proprietors of this website and its affiliates cannot be
held responsible for any legal ramifications that may arise as a result
of fraudulent entry into, or use of, this website and/or material contain
herein.
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This warning page constitutes a legal agreement between the
operators of this website, and yourself, as well as any business entity
of which you have any legal or equitable interest. If any portion of this
agreement is deemed unenforceable by a court of competent
jurisdiction, it shall not affect the enforceability of the other portions of
this agreement.
I agree that by entering this web site, I am subjecting myself and any
business entity of which I have any legal or equitable interest to the
personal jurisdiction of the State of Texas should any dispute arise at
any time between the operators of this website, and myself and any
such business entity.
</textarea>
</form>
Just cut and paste that into your website and you’re set. It will look
like this:
Next on your “must have” list, is the US 2257 statement, whereby you
can deal with any inquiries regarding a models proof of age and
identity. On your site it need only be a link, stated as “MODEL AGE
VERIFICATION / US 2257”. Anybody who clicks on this will be taken
to a page that states the following information:
“Model Age Verification
All models, actors, actresses and other persons that appear in
any visual depiction of the actual sexual conduct appearing or
otherwise contained in or at (your website.com) were over the
age of eighteen years at the time of the creation of such
depictions.
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Some of the aforementioned depictions appearing or otherwise
contained in or at (yourwebsite.com) contain only visual
depictions of actual sexually explicit conduct made before July
3, 1995 and, as such, are exempt from the requirements set forth
in 18 U.S.C. 2257 and C.F.R. 75.
With regard to the remaining depictions of actual sexual conduct
appearing or otherwise contained in or at (yourwebsite.com), the
records required pursuant to 18 U.S.C 2257 and C.F.R. 75 are
kept by the custodian of records.
For more information regarding Model Age Verification, please
contact us by clicking here.”
“Clicking here” will take the user to your email address. I do not
recommend your having your email address displayed online, since
you’ll be inundated with spam. Your best bet is to have the link taken
to a text box, whereby the visitor can enter a message and press
send without knowing exactly where the email is going. How do you
do this? I have included an email form with this package.
Multimedia Inc.
IF YOU ARE NOT THE PRODUCER:
If you are not the producer of the content on your site, and are buying
and displaying content from a provider, then this would be a more
appropriate legal compliance notice to have on your site:
18 U.S.C. Section 2257 Compliance Notice
The actors, models, actresses and other persons that appear in
any visual depiction of actual sexually explicit conduct
appearing or otherwise contained in this Website were over the
age of eighteen years at the time of the creation of such.
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All other pictures, graphics, videos or other visual media
displayed on this Website are exempt from the provision of 18
U.S.C. section 2257 and 28 C.F.R. 75 because said visual media
do not consist of depictions of conduct as specifically listed in
18 U.S.C section 2256 (2) (A) through (D), but are merely
depictions of non-sexually explicit nudity, or are depictions of
simulated sexual conduct, or are otherwise exempt because the
visual depictions were created prior to July 3, 1995
With respect to all visual media as defined above displayed on
this website, whether of actual sexually explicit conduct,
simulated sexual content or otherwise, all persons in said visual
depictions were at least 18 years of age when said visual media,
as defined above, were created.
The owners and operators of this Website are not the primary
producer (as that term is defined in 18 USC section 2257 or
subsequent case law defining such) of any of the visual content
contained in the Website.
Please direct questions pertaining to content on this website to:
( Insert actual name of individual here) Custodian of Records
Legal Name here:
Address here:
Email here:
The original records require from the primary producer of said
video and visual media and pursuant to 18 U.S.C. section 2257
and 28 C.F.R. 75 for all materials contained in the website are
kept by the following Custodian of Records:
( Insert actual name of individual here) Custodian of Records
Legal Name here:
Address here:
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Email here:
Keep your front page simple. The name of your website, a pic, or two,
or collage of pics, of yours models, the legal disclaimer, the “enter”
button below that, and at the bottom of the page the “US 2257” link.
And that’s about it. Your second page will be more complex, with
more info, more pics, and a menu facilitating navigation.
Now, designing a website is a course in itself. If you have some web
design experience, by all means go for it. If you have no clue how to
design a webpage, hire somebody. Don’t make the mistake of
hiring some big expensive web design firm. Find a part timer, a
student, perhaps. Check the want ads of a community paper, or
advertise in one. Web developers are plentiful, and come cheap.
What your site should NOT have: pop-ups. Plain and simple.
Nothing turns off customers like pop-ups. I’ve been to sites that have
so many pop-ups that keep opening up… every time I close one, two
more would open. I would literally have to turn off my computer to get
away from that crazy website. Think I’ll ever be back? Or that I even
looked at any of those pop-ups?
Pop-ups scream low class rip off. You don’t need them. The most
successful sites do not have pop-ups and banners. Keep your
website user friendly and pop-up free and you’ll have the loyalty of
your customers.
Multimedia Inc.
Layout
As mentioned, your website will consist of two areas: public and
members only. The public portion of your site is where anybody can
look around and see what you have to offer. Keep explicit nudity to a
minimum. In fact, don’t have any. Tease and tantalize, but don’t show
any genitals or other “fun stuff”. The reason for that is you don’t want
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to expose the wrong people to nudity, but more importantly, don’t give
away for free what you hope to charge people for access.
Look at it this way: why would I pay to see something in your
members area that’s freely available in the non-members area of
your site?
Plus, I have found that a fully dressed attractive woman will attract
more attention that a completely nude woman with her legs spread.
The pics below illustrate my point perfectly. They are stills from some
of my videos, and they show just enough that the viewer is intrigued
enough to either click through to a website, or purchase the DVD.
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65
66
See? Zero nudity, but they are pics of attractive women. REAL
women doing REAL things. Most people are going to be intrigued by
the prospect of seeing them naked, and will pay for the privilege.
Attractive, natural looking young women sell DVD’s and
subscriptions to membership websites. It’s that simple ☺
The same philosophy applies to catalogues: don’t send out anything
they can masturbate to. Otherwise, why would they buy your movies
and pics if they can masturbate to your catalogue? Your website
works the same way.
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Multimedia Inc.
No doubt you’ve seen a number of adult websites. If you haven’t, sign
up for a few and have a look. They all have similar layouts: main
pages, members areas, menus facilitating navigation, including a sign
up page, tour, and perhaps an online store.
A tour is important because it serves as a preview of the goodies you
offer after they sign up. Again, don’t make this too revealing. Just
enough that potential customers can get an idea of the quality of the
content inside.
Above all, a successful website must be uncluttered, attractive,
and easy to navigate.
And loads rapidly. Stay away from flash. Your mind can only focus on
one thing at a time. Also, the majority of Internet users, even in
the US, are on dial up. Your site must load fast.
A very powerful mechanism is to have a “Latest Pics & Vids” area on
your main page, consisting of two or three pictures of your latest
update to the site. Below that, have a “Coming Up” area, again with
two or three pics and a brief text blurb about what’s coming up next
on your site.
The “sign up” button will take them to a sign up page (surprise
surprise). This page will link to what ever company will be handling
your credit card processing. The chances are slim that you have a
merchants account with a bank along with a credit card billing
mechanism. These are very expensive, and a headache to integrate
into a website. Most websites, even the biggest that do several
millions per year, leave billing up to third party billing companies,
such as Ibill.com, and Ccbill.com. Another very good one is
Verotel.com (I use Verotel for all my sites).
It used to be incredibly easy to get credit card billing services for a
website. Literally, ANY website could start charging peoples credit
cards. This lead to a lot of fraud, and chargeback’s.
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Chargeback’s: these occur when a customer calls their credit card
company and has them reverse a charge. It happens, a lot, and you
have no recourse, because the credit card companies always err on
the side of their customers. Literally, there are no questions asked,
you the operator of the website is automatically assumed to be at
fault, and the charge is reversed. Get enough charge backs, and your
credit card charging privileges are revoked.
Multimedia Inc.
So what to do? I have found that on my websites, chargeback’s are
not an issue. If you keep the product strong, giving people good value
for money, they are less liable to initiate a charge back. Plus, make it
easy for them to cancel!!
This sounds like a no-brainer, but I see many websites that bury their
cancellation links. You have to be Indiana Jones to find it. On my
websites it’s very easy to find. I have a button on my menu clearly
marked “billing inquiries/cancellations”.
This has the added benefit of showing that you are honest and
concerned about service, and will add to your signups. People would
prefer to cancel than to initiate a charge back.
Yes, you’ll find a lot of dishonest people out there, like in any
business. They will sign up, download your content, and then initiate
a chargeback. But if won’t happen often. These people are a small
proportion of your audience.
Which billing company to use? If you’re a US based company, try
for Ccbill (www.ccbill.com) or Ibill (www.ibill.com). I say “try” because
even if you are US based doesn’t mean they will definitely do
business with you. Their criteria is always changing. At the time of
this writing, to get a Ccbill account, you must be a US citizen with a
SSN and a US corporation in good standing. Phew! What happened
to the days of starting an online business from your bedroom?
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Ibill, on the other hand, has completely restructured. They have new
owners, and a more relaxed criteria. You need only a drivers license
and a good site to get started.
Now, if Ccbill and Ibill won’t do business with you, have a look at
Verotel (www.verotel.com). They are based in Amsterdam, and are
VERY highly rated. Their criteria is less stringent than Ccbills and
Ibills. I use Verotel for my billing, and have never had a problem with
them. Don’t worry if you don’t have $1500 for their pro version, go
with their tickets club. There are no upfront fees for tickets club and
it’s a good system. I use it on my sites.
Multimedia Inc.
All three of these companies only provide credit card billing for
access to members areas. They do not provide billing for tangibles,
that is, items such as DVD’s, video tapes, sex toys, etc.
Selling adult DVD’s and other hard goods (tangibles) is more difficult.
Up until last year you could use Paypal. Not any more. Only a few
companies facilitate credit card processing for tangible goods. One is
www.myvirtualcard.com. They also provide credit card billing for
members areas, as well, so you get the best of both worlds: billing for
your members areas, and the ability to sell DVD’s and videos online.
Some others:
StormPay
http://www.stormpay.com
Fees: 2.9% plus $0.39 USD per transaction
Withdraw: To bank account ($2), or request a check ($2, 1-2 weeks)
Allows adult transactions: undisclosed in terms, assumed yes
Privacy: does not disclose personal info to buyers
Instant Payment Notifications: yes
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International membership: yes
Customer support: email only
Debit card: yes (has fees associated - see website for details)
ecount
https://www.ecount.com/defaultecount.asp
Fees: FREE to send and receive payments, fees only apply when
adding or withdrawing funds to/from your ecount balance
Withdraw: To bank account ($2), request a check ($2.95), or use their
debit card anywhere MasterCard is accepted ($6.95 one time set-up
fee, $1 fee if used at ATM)
Allows adult transactions: yes
Instant Payment Notifications: yes, real-time account info available
online
International membership: no “Be on the lookout for future
enhancements.”
Customer support: 24hr. toll-free & long distance #’s, email
Debit card: yes, one time set-up fee of $6.95
Other: site difficult to understand and does not clearly define any
terms, fees, or anything for that matter. You must dig.
Yahoo! PayDirect
http://paydirect.yahoo.com/
Fees: FREE to open account, send eChecks and Express eChecks,
add & withdraw funds, and receive non-credit card payments
(Personal accounts cannot accept credit card payments at all). Fees
apply for Professional accounts (which are allowed to accept credit
card payments)
Withdraw: To bank account only (free), does not issue checks
Allows adult transactions: undisclosed
Privacy: To send a payment, your name and email address must be
provided by the sender
Instant Payment Notifications: yes, real-time account info available
online
International membership: no, unless you have an account with a US
bank
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Customer support: email only
Debit card: no
Other: Cannot fund account with a credit card, only a bank transfer.
Personal accounts may not accept credit card payments (only
Professional accounts) but are not charged any fee to receive other
payments.
Professional accounts are charged 2.2% + 30¢/each transaction for
Standard Professional or 2.5% + 30¢/each transaction for Preferred
Professional (must receive at least $2000/month).
INTERESTING FEATURE: When receiving money, you must first
accept each payment, and also provide information to have the
payment credited to your PayDirect account or go directly into your
bank account.
YowCow
http://www.yowcow.com
No current information is available as of yet.
ePassporte
https://www.epassporte.com
Fees: Virtual Visa (online use only) free the first year, $5/year
thereafter. $5 load/reload fee to add funds to your account. P2P fee
$0.25 each transaction if less than 5 transactions per day, $1 for each
thereafter.
Visa Electron card (acts as a debit card) $35 start-up fee, $35 annual
fee, $2 ATM withdrawl fee
Withdrawl: NO bank transfers unless you have a Commerce account
(as opposed to a personal account)
Allows adult transactions: yes
Instant Payment Notifications: yes, real-time transaction and balance
information
International membership: yes
Customer support: 24hr. toll-free # for US residents using personal
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accounts, long distance # for international calls and Commerce
accounts, email
Debit card: yes, referred to as “ePassporte Visa Electron Card” for
use at ATM and “PIN-based merchants” worldwide, whatever that
means.
Other: DRAWBACK: Very heavy fees!! Must have a Commerce
account (which is more difficult to set up) to withdraw to a bank
account, little to no online info about Commerce accounts, long
distance customer service # for info
Before you approach any of these companies to have them handle
billing for your site, make sure you actually have a site online for them
to review.
Another option is to sell your DVD’s through other sites. Clips4sale
(www.clips4sale.com) lets you sell individual video clips. Ebanned
(http://www.ebanned.net) is like EBay, but dealing with sexual
material. You can auction your DVD’s and whatever else you are
selling. Also, these sites: www.eroticvideos.com,
http://www.videos4sale.com.
Multimedia Inc.
I’ve built my site. Now what?
You’ve built your site and now you’ll need to find a web host, that is, a
company that specializes in situating other peoples websites on their
computers. Web hosts vary in size, capability, and price. There are
thousands of web hosting companies. A good place to start would be
at a porn webmasters website such as www.gofuckyourself.com,
www.ynot.com, and www.xbiz.com .
These websites are popular gathering places for people in the porn
business, and membership is free. I strongly suggest that you join,
and peruse the articles and discussion groups. All of these sites are
invaluable resources for you in this constantly evolving business. You
will find discussions about billing companies, web hosts, rules and
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regulations, trends… everything you want to know about the porn
business is being talked about in these sites.
Also, have a look at Adult Video News (www.avn.com). AVN is the
Variety or Hollywood Reporter of the porn industry. Make a habit to
check into each of these sites daily, and you will always have your
finger on the pulse of your business, as well as where the business is
going.
Back to web hosting…. As I was saying, there are literally thousands
of web hosts. You’ll be starting out with virtual hosting. Virtual hosting
is an arrangement whereby you share a server with other websites.
This is versus dedicated hosting, where you pay for your very own
server.
I have had pleasant experiences with Hostdime (www.hostdime.com).
They are inexpensive and very reliable.
For the high end, have a look at XXX Web Hosting
(www.xxxwebhosting.com). They are expensive, but very capable.
They use fast servers, networks, routing, and don’t bog down if you
get listed on a TGP and suddenly are inundated with visitors.
Multimedia Inc.
You can also do a Google search for “adult web hosting”. You’ll see
thousands of them. So which one to choose? And therein lays the
problem. Here’s a bit of background about the web hosting
business:
Anybody can get into the web hosting business. You need only a
server and an internet connection. A cottage industry has sprung up
to cater to web hosting businesses. Companies such as Ev1 Servers
(formerly called Rackshack) (www.ev1servers.net) will lease
unmanaged servers complete with internet connectivity.
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Because they are unmanaged, you would need to know how to run a
Linux based webserver (it’s a full time job itself).There are companies
offering managed servers. Server Beach
(http://www.serverbeach.com) provides servers that they manage, so
you needn’t have to operate them yourself. They would provide all
patches and technical upgrades, etc.
So you can see how easy it is to lease one of these servers, and
hang out a shingle with your name on it and suddenly you’re in the
web hosting business. This makes for a very high level of
incompetence in the business.
Conversely, if your website(s) grow to an extent that virtual web
hosting is no longer feasible, you can easily lease your own server.
But be warned: know what you are doing. Have a solid understanding
of Linux, and Apache web server, and firewalls, and anti-hacker
methods. You’ll need ‘em.
Bottom line: there are good web hosts and there are cheap fly-bynight hosts. A bad web hosting company can kill your online
business, with slow servers, overloading of those servers with too
many other websites, inconsistent connectivity to the internet, or
worse: inadequate security, and hence they are always getting
breached by hackers.
Stay away from your brother in laws new web hosting company, or a
friend of a friends, etc. You get the point. Check out the webmaster
websites I listed on the previous page.
Multimedia Inc.
Ask around about web hosting. It’s a tight knit community, you’ll find
invaluable answers to your questions.
You want to know about :
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1 How much space on the server you can have to place your website
on.
2 Data transfer allotment. How much data transfer do you have per
month allocated to your plan? The higher the amount, the better. It is
common to be charged overages for any data you transfer beyond
your limit. Know how much in advance this extra cost is. You don’t
want to end up with a $3,000 bill for a month of web hosting service
because you went over your data transfer allotment.
Oddly, data transfer allotment is also referred to as bandwidth. It’s
incorrect, but the usage is common, so if somebody tells you “our
plan includes 200 gigs of bandwidth” you know that they are talking
about how much data you can transfer.
3 Uptime and internet connectivity. Are their servers constantly going
offline for some reason? Is their internet connection unreliable?
4 OS (operating system). The world is moving towards an operating
system called Linux, with the software powering the actual web
server being Apache. Both are very reliable, certainly more so than
anything offered by Microsoft.
Those are some of the issues you will see when people are
discussing web hosting, and now you know what they are talking
about.
You have your web host.
You have your web host and you need to upload your files from your
computer to your web hosting account. This is a process known as
FTP. You need to FTP your files to the server. You can do this with
any of a number of FTP programs. I especially like Cute FTP. It’s
inexpensive and very easy to use. http://www.cuteftp.com. You will
need to know your IP address and login credentials (username and
password) but your web hosting company will provide that for you.
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Multimedia Inc.
Keeping your site fresh. Ideally, you need to update twice a week,
one per week at the very least. That’s a lot of content! The big sites
target 50 complete movies per year. That’s fine if you’re one of the
big guys, billing several million per year. In that case you have the
budget and the time to constantly create new content.
If you’re producing your own content people will give you more
leeway regarding frequency of updates if you have a truly original
product and your price is right.
Plan your shoots to maximize the amount of content you can create.
You needn’t have a different girl every week, just new pics and video,
possibly of the same girl.
If your content is thin, consider this business model: no recurring
charges. As mentioned earlier, membership sites are based upon the
concept of recurring charges. A person will sign up for one price, and
then opt to have his credit card automatically billed a lesser amount
every month.
I recently launched a new site that has only a few girls. So what I
have done is created a non-recurring price structure. A person signs
up for, say, $19.95 and gets immediate access to all the pics and
video clips online plus gets a DVD mailed to him/her. It’s a one time
charge, and it’s made clear to the person that there will be no further
charges. It’s an effective price model and I know of nobody else that
is doing it. It works very well for sites that have a small amount of
content.
You can also integrate this approach with several affiliate programs to
generate several different revenue streams. Very conceivably, you
can start a site with one shoot. You would have a set of pics and/or
video clips of one girl, which you would use to attract people to your
site, and the rest of your site could be comprised of material from
affiliate programs.
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As you make more money, you can afford more shoots, and hence
you will have more content. Eventually you will get to a point that you
are creating so much material that you will be able to offer updates
once or twice per week, and then you can embrace the recurring
charges billing model.
It’s a thrill to start a small site and watch it grow ☺
Promoting your site
By now you have your site designed, uploaded, and of course you
have registered your domain name (you haven’t? Best place for that
is www.godaddy.com. Very good and the most inexpensive place on
the net to register a domain name).
The best way to promote your website is to have other websites
promote them. Sounds crazy, eh? There is an entire segment of the
Internet that has evolved to promote websites. They are called
TGP’s, short for “thumbnail gallery post”. They are basically websites
that consist of links to other websites just like yours. But instead of
linking to your main page, they link to a gallery of your pictures and
videos. Have a look at a couple: www.thehun.net, and
www.bunnyteens.com.
Find the right TGP and you’ll have free publicity like you won’t
believe. Here’s how they work. TGP’s are basically a list of links to
other picture sites.
You would set up a gallery of pics on your site, and submit the url to a
TGP site, in the hopes that your link would be included on a daily list
of links. TGP’s generally have a large audience of people who wish
to look at free pictures and videos. So TGP’s rely on submissions of
content from web sites to keep this audience coming back. It’s a winwin situation: the TGP site gets free content, and you get exposure to
their audience.
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There is a downside to this: you better be prepared to handle the
amount of hits you’ll be getting, and fulfill the orders you’ll get. My first
ever listing on a TGP was the Hun (www.thehun.net). The first day
listed on The Hun my site experienced over 100,000 hits! That wasn’t
hits to the gallery, but click throughs from the gallery to the site!. That
means 100,000 people were intrigued enough by the pics on my
gallery to click through to my site. The Hun throws up its daily list of
links about midnight (central) time.
I was unprepared for the spike in hits to my site. Within hours the
company that hosted my site started sending my nasty emails that I
was over taxing their server, and was way over my limit in bandwidth.
Plus, I had to scramble to make copies of tapes to cover all the
orders. Also, I wanted to keep those people coming back.
One more thing about The Hun… it is the biggest TGP out there. I
have found their conversation rate to be very low. That is, the ratio of
people visiting my site to take a peek, versus the visitors who actually
sign up. My first listing on the Hun yielded tens of thousands of visits
to my site, but few sign ups. Instead I ended up with a bill for $3500
from my ISP for bandwidth overages.
It was very unpleasant. Unless you have a very good ISP package,
and a highly appealing product, stay away from the Hun, and
stick with the smaller TGP’s, where the conversion rate is better.
This is how porn sites are marketed. And it’s very effective. It is truly
a symbiotic relationship between the porn sites and the TGP’s. The
TGP’s rely on content which the porn sites provide in the form of
picture galleries, and the porn sites benefit by experiencing traffic to
their sites and sign ups.
Some TGP’s charge, most don’t. You may find it worth while to pay
for a listing on a TGP. I’m assuming that you’re just starting out and
that you may be working within a budget, so submit to the free ones.
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TGP’s are not hard to find. There are literally thousands of them. I
have included a list of TGP’s that I have found to be very effective.
That is a good place to start. Every time you discover another TGP,
add them to the list.
You can submit your galleries by hand, or have software do it for you.
The two best automated systems are : www.advancedsubmitter.com,
and www.russiansubmitter.com. Also, have a look at this company:
http://www.gallerytrafficservice.com
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Each will enable you to submit to thousands of TGP’s
instantaneously. Prices vary, so have a look at each service and find
the one that’s best for you. Or, you can submit to TGP’s manually.
This is very time consuming, but gives you the added benefit of
tracking the results yielded from each TGP.
Also, too much traffic, when you’re starting out, can be expensive.
I’ve seen this happen before: somebody manages to get their site
listed on The Hun (www.thehun.net) and suddenly their website is
subjected to several hundred thousand visits (hits) per second! Within
minutes their monthly data allocation has been exhausted, and they
get a bill for a few THOUSAND dollars in overage fees at the end of
the month.
When you’re starting out and learning the business, stick with the
smaller TGP’s.
Here are some more insider tips about TGP’s:
No kiddy porn, bestiality or other illegal content. If there is so much
as a whiff of anything illegal or unethical, the TGP’s will ban you
for life.
Put together a gallery of no less than 20 or 30 pictures. These
should be thumbnails, linked to a larger JPG, not an HTML page
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containing the JPG. TGP’s are concerned about pictures being
linked to pop-ups or consoles, and will only list thumbs linking
images. How do they know what your pictures link to? They have
scripts that scan your site.
When you submit a url to a TGP, a “bot” will automatically scan for
pics linked to HTML pages. They will also scan for “no right click”
scripts in your page. A “no right click” script is a snippet of code
that some people put into their web pages to prevent people from
downloading pics to a users hard drive. The code disables the
right mouse key.
It helps if you have a banner linking to the TGP you want to be
profiled on. All the major TGP’s have a webmaster area where you
can download their banner, which you can drop into your gallery.
This will give you an edge. The major TGP site get several
thousand submissions per day, and only choose 50 to 100. The
odds are against you, but you can increase your chances of being
listed. Create a different page for every TGP you wish to submit to.
The page can contain the same pics as your other TGP pages, but
ensure that you have the TGP’s banner linking to the TGP. They
look for that. And make sure you don’t list other TGP’s on that
page. They look for that ,too, and they consider it insulting (rightly
so).
Do your research!! Target a TGP, and spend some time going
through the links they have there to get a feel for the kind of
material they list.
If your first submission is ignored, wait a week and submit a
different one. It has to be a different URL (just change the name of
the directory) and change the pics. Before resubmitting remember
the criteria: nothing illegal, no links from images to HTML pages,
no “no right click” code, no banners linking to TGP’s other then the
TGP you are targeting.
If you still get ignored, don’t be discouraged. I was turned down
several times before I got listed, and nobody told me why. It was only
after researching TGP’s that I came up with the criteria listed above.
Once I implemented everything listed above, I was accepted by the
Hun. If you purchased this from anywhere other than
producerslounge.com, you have been ripped off and hence will not be able
to benefit from the free updates of this e-book. © Vertigo Multimedia Inc.
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All rights reserved. This e-book is completely original, and owned and
copyrighted by Vertigo Multimedia Inc.
If you are impatient, or just cannot get listed, TGP’s will list you for a
fee. The fees are very reasonable. For an example I’ll use The Hun,
one of the most popular TGP’s. The Hun garners eight million hits per
day. Most of those are regular viewers. At the time of this writing, a
link will cost about $500. This would get you the link at the top of the
list, and you remain at the top for one year. That’s a pretty good cost
per thousand, that is, the cost of reaching one thousand persons. You
can also purchase banner ads, but text links are your best bet.
Most of the TGP’s will send you advertising information.
Ok, so you’ve been listed on a TGP, what now? First of all, you
want to maximize that traffic. You want not only sales, but you want
people to come back. On my page I had a mechanism that displayed
on every page of my site. It was a left frame, and displayed the
following text: “Would you like to be notified of upcoming specials,
videos and pics?” Then I had a text box ( a form object) where people
could input their email address. Below that, another text box with the
label “I would like to see more of”. The idea was to get peoples email
address’s, plus feedback about what people want to see more of.
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People are naturally suspicious of giving out their email address to
just anybody. You have to assume you are a stranger to these
people. Therefore, have an incentive. You know you’re going to be
getting serious traffic for about a week, so have a special of some
sort. In my case it was a two for one video special; anybody who
entered their email address during the next week would be emailed
an offer to receive a free video with every purchase.
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Incentive is very powerful. People like to feel they are part of
something exciting, and are also getting a deal. You want to get an
ever expanding mailing list with which to announce new additions to
your site. This is essential whether you are selling videos or
subscriptions to picture galleries.
Affiliate programs are starting to catch on as well. These are partner
programs with other websites that pay you money every time
somebody clicks through from your site to theirs. There are some
very good affiliate programs out there, and like everything else about
this business, they are evolving. One highly rated such affiliate
program is Lightspeed Cash (http://www.lightspeedcash.com/)
Banners. Banners are small space ads that link to your site. You’ve
seen banner ads all over the Internet. You can buy advertising space
on somebody else’s website, the advantage being that you can
leverage that sites existing user base. The downside is that this can
be very expensive.
Some sites will also enter into banner exchange agreements,
whereby you list their banner on your site, and they place your
banner on theirs. This is very effective. You won’t the mega sites
interested in banner exchanges, but smaller sites are open to
exploration. Simply email them and inquire about exploring the
possibility of a link or banner exchange.
Newsgroups. You’ll find newsgroup on Usenet, which you can
access with a newsreader program. Outlook Express has newsreader
capabilities, and you can find free news reader programs on
Tucows.com.
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Usenet used to be interesting, with people posting pics and
messages. Alas, today most of the sexually themed Usenet groups
are inundated with spam, so their value as a promotional tool has
somewhat diminished.
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However, these groups charge nothing to post, but you may get
“uninvited” if you are too obvious with your promotion. To find
appropriate news groups, simply open a newsreader program and do
a keyword search for “sex” and “erotica”.
Promotional companies. If you really have money to burn you can
contract companies to promote your site. These companies
specialize in promoting adult websites, but they are expensive. Just
do a search engine search for “adult internet marketing” or “adult site
promotion”.
For photo manipulation, have a look at Fireworks
(www.macromedia.com) and Photoshop Elements (www.adobe.com).
All you need it a program that will allow you to resize and perform
color corrections. Hint: use the “auto adjust” feature in the programs
to give you the best looking pics. In Fireworks, it’s filters, adjust color,
auto levels. It’ll automatically color correct your image.
It’s also a good idea to have your “watermark”, that is, your logo on
the pics. It makes it harder to steal.
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The pic above is watermarked. I created it with Macromedia
Fireworks, but for multiple pics the best program is Photowatermark
Professional, available from www.photowatermark.com. This amazing
program will batch process hundreds of pics in mere seconds, adding
your logo to every pic, and hence saving you a LOT of time if you
were to do it manually.
It’s a good idea to add your logo in your videos as well. Most video
editing programs, even the low end ones, will enable you to add text
to the video image.
GALLERIES: You can buy very good software that will make your
galleries for you. One of the best, and the one I use, is Thumbs Plus
(http://www.cerious.com). Thumbs Plus will take all your images and
resize them (if you want) and create all the code for your gallery of
pictures. It’s very convenient, and inexpensive, and I can’t
recommend it highly enough.
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Search engines: Search engines can provide you with tremendous
exposure and they’re the best place to start. And it’s all FREE.
Search engines will try and upsell you to paid advertising (such as
Google Adwords) but this will be a complete waste of your money.
Certainly, list your sites with all the major search engines, but don’t
pay for premium listings or mechanisms such as “Google Ad Words”.
I have seen no end of adult Webmasters that have shelled out
$600.00 to be listed on search engines, only to regret it.
How much money does a Webmaster have to pay for promotion?
Yahoo has decided to charge $600.00 (see
http://add.yahoo.com/fast/add ) to have your adult site considered to
be listed in their directory.
That’s right. They will soak you for $600, non-refundable, and that’s
only for them to have a look at your site and decide whether to list it
or not. If they decide not to list it, they don’t refund your $600. Don’t
pay Yahoo a penny!
Yahoo does have a very basic (and free) listing service, but I have
not analyzed the metrics to ascertain how effective it is. You can add
your site here: http://submit.search.yahoo.com/free/request
Netscape has an online mechanism that claims to submit your
websites to 400 search engines every month. You can find out about
it here: http://digitalwork.netscape.com/searchengines_buy.html
Just because a particular search engine has been around longer than
the others does not mean they are the best guys out there. When you
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have an adult website there are plenty of markets to target. There are
30+ huge search engines that are used by millions of people and the
price they charge is priceless, FREE.
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Don’t get fooled into thinking that you have to pay $600.00 to have
your site get any traffic. In fact if you wanted to spend $600.00 you
could buy some nice advertisement space on a porn site and get way
more traffic and signups.
Submit your site to Google.com –
http://www.google.com/addurl.html
Google is not adult specific, but it is free, and sure to drive traffic to
your site.
Search engine advertising is very effective for most businesses, but
porn isn’t one of them. There is simply too much competition out
there. Save your money: don’t purchase advertising on search
engines for your porn site. But certainly list your site with the major
search engines.
Under the hood: meta-tags.
What are meta tags? They are information inserted into the “head”
area of your web pages. Basically, they make your website search
engine friendly. Other than the title tag information in the head area
of your web pages is not seen by those viewing your pages in
browsers. Instead, meta information in this area is used to
communicate information that a human visitor may not be concerned
with. Meta tags, for example, can tell a browser what “character set”
to use or whether a web page has self-rated itself in terms of adult
content.
More importantly, when search engines (such as Google) are
scouring the Internet in search of web sites to index, they are looking
for meta tags. The right wording in your meta tag section of your web
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page will be a key factor in whether or not a search engine finds you
and lists your site.
Google is the biggy of them all. Hundreds of search engines exist, but
the only two that really count are Google and Yahoo, with Google
being the more important of the two.
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Here are some factors crucial to making your website search engine
friendly. First, ensure that your main page (your index.htm page)
contains between 300 and 500 words.
Secondly, include your keywords on your homepage. If you have
words such as “sex” and “teen” (or whatever) in your meta tags, you
must have them in the body text of your main page to even be
scanned by a search engine.
Your website code would look something like this:
Google seems to put more emphasis on the first 25 words on a page
and also how many times your keyword is present. There is a free
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online search engine simulator that you can use to analyze your site:
http://www.delorie.com/web/ses.cgi
And this online mechanism will ascertain how many times a keyword
is found on your web page:
http://www.webjectives.com/keyword.htm
Ideally you should have a density ratio of 5%.
The spiders that the search engines use to scan websites do not
count graphics, so any word listed in a gif or jpeg will not count
towards your ratio. Also, the more pages that make up your website,
the better.
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Here is a useful tool to see how many times people are searching for
specific keywords on the internet and to see what your competition is
like for these words:
http://searchmarketing.yahoo.com/rc/srch/oyr.php
(go to the menu and click on “keyword selector tool”)
I use a piece of software called Internet Business Promoter. This
amazing software will analyze your site for keywords and make
suggestions, and then submit your site to every search engine in the
world, or only those that you want it to submit your site to. It’s
available from http://www.axandra.com. It is well worth the money
they ask for it.
Scrub the Web has a free meta tag generator that you can use
online. It’s very useful. Check it out here:
http://www.scrubtheweb.com/abs/meta-check.html
Linking
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Page ranking, that is, how soon your website will be in front of a
viewer after they perform a search, is also based upon how many
other pages are linking to it.
The whole concept of linking in the eyes of the search engine
companies is that when Site A links to Site B, then Site A is making a
personal recommendation of Site B. Because Site A is willing to put
their reputation on the line to share the story of Site B, the search
engines have determined that Site B MUST be of higher value than
Site C.
Google established their PageRank system a few years back based
on this conceptual idea. Over the past few years, the other search
engine companies have begun to adopt the linking model in their
attempt to catch up with Google’s lead in the marketplace.
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Because the search engine companies want to provide the best
possible results to their users for a particular search, they have all
climbed on the concept of link counting to determine the value of the
sites that they are recommending to their users.
Doorway Pages
One technique is to create “doorway” pages. These are simply
webpages that consist of a high density of keywords and link to your
main page.
Let’s say that you have a teens site. A lot of key words would apply to
that site. Instead of listing them all (sex, teens, cheerleaders, etc) you
could create a doorway page for each keyword. Each page would
consist of that keyword in the title, meta-tag, and body text of the web
page. This results in a very concentrated density of the key word.
It doesn’t work. The search engines have software that searches for
such doorway pages, and will penalize you, or worse, ban your page
completely.
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Search Engine Optimization
There is an entire industry devoted to search engine ranking.
Individuals whose sole purpose is to ensure that you achieve the
highest possible rankings in search engines. These people call
themselves SEO (Search Engine Optimization) professionals. It’s all
they do. So what are the best SEO strategies?
First of all, keep in mind that search engine optimization is a process.
You won’t achieve it overnight. Search engine algorithms are all
different and can be quite complex comprising many different
elements.
While it’s not feasible to delve into the bowels of search engine
algorithms, there are two basic optimization factors that play key roles
in optimizing your site. They are typically referred to as on-page
optimization and off-page optimization
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On-page optimization refers to the elements of your web page that
you can optimize yourself. Off-page optimization refers to the
elements of linking and how your link partner sites link to you.
Let’s discuss each of them
On-page optimization (website strategies):
- Each page of your site should have its own descriptive title tag,
description tag and keywords. The keywords tag is seldom used
these days, however each page should be optimized for a maximum
of 3 per page, preferably one keyword per page.
•
Be sure your title tag contains your best keyword or keyword
phrase.
•
Use header tags (h1, h2...) in the body of your page text.
Search engines look for structure and organization. Using header
tags indicates good outline form.
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•
Bold your keyword or keyword phrase once. It’s also a good
idea to italicize and underline them once as well.
•
Use keyword alt tags to describe an image used on your
page. Since search engines don’t index images, alt tags allow the
search engines to recognize all your content. Be sure not to stuff
them with lots of useless information. Use your best keyword or
keyword phrase and keep it short.
•
Include quality, informative content on each page and keep
your content fresh and updated.
•
Pepper each page of your site with your keywords. Use your
keywords in the first paragraph, the last paragraph and sprinkle them
in between. Keep your keyword saturation at about 5%.
Cross link each of your site pages by placing a navigation bar on
each page. Be sure the title of each page contains what the page
is about.
For example, if a page is about “tour,” the page name should be
“tour.html” or “tour.htm” and all the links to that page should be
named “tour” and set up as:
<a href=”tour.html”>tour</a>
or
<a href=”tour.html”>tour</a>
•
Create a site map. Site maps act like a table of contents. Site
maps can help search engines find, crawl and index all the pages in a
website ensuring that no page is left behind.
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Off page optimization (linking strategies):
Linking plays a large part in the optimization of your site so don’t just
link to any site. You should adopt a methodology in obtaining useful,
quality links. Here are a few tips:
•
Keep the majority of your links to sites that have a similar
theme as your site. Be sure the site complements your site. It should
be one that you would use and recommend.
•
Links should be slow and gradual. A sudden burst of links
could indicate spam to a search engine.
•
The higher the page rank of the page your link is on, the
better. This doesn’t mean you shouldn’t link to pages with a low page
rank, however the higher the page rank the better it is for you.
•
The title of the page your link is on should be something
other than ‘links.html’. If possible try to ensure it has some relevance
in meaning to your site.
•
When exchanging links, be sure to submit your best keyword
in the anchor text.
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GOOGLE Page Rank
Each month GOOGLE sends out it’s search spider called
GOOGLEBOT, which uses a very complex set of algorithms based
upon the above criteria, to arrive a page rank from 1 to 10. Now, to
learn what your page rank is (and any other website), Google
provides a free tool called the Google tool bar. It’s free to download,
and you can do that from here (-- be sure to download it with the
“Advanced Features”:
http://toolbar.google.com/
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Placing your mouse over where it says PageRank and then keep
your mouse still, a yellow box will pop up and tell you the Google
PageRank of that page. PageRank is based on a scale of 0 to 10,
and is directly related to the significance of your back links. As you
get more quality links to your site, your PageRank will increase.
You can use this tool to find out about your competitors. For example,
go to a competitors website, click on Page Info, and then on
Backward Links. This will display the number of other sites that are
linking to your competitor.
Explore the other features of this tool. It’s very powerful, and
constitutes an important component in ascertaining info about your
site and your competition.
Here are some useful tools to use in your quest for online
prominence:
•
After your title and description, Google will look at the first 25
words of readable text on your page to see whether they are included
in that are not. Now, Google does not register text that is in images.
Here is a tool that will allow you to see your page the way Google
sees it: http://www.delorie.com/web/ses.cgi
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It’s a search engine simulator. Simply type in your URL and it
will display what Google sees on your site.
Remember, it’s important to include your keywords a couple of times
within the first 25 words on your page. BUT:
Yes, there’s a “but” and it’s a big one: do not simply list your
word 25 times. The same word over and over will be self defeating.
Google looks for this and will demote your site for this.
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•
Ever wondered what your site looks like to the search engine
spiders that crawl the web, looking for information to include in their
databases? Go to this page to see what information is seen by the
spider and what it skips over.
Spannerworks.com can also help you figure out how to troubleshoot
content that seems like it should show up to a spider but doesn’t, with
its HTTP viewer. They also have a tool that will analyze your keyword
density.
http://www.spannerworks.com/spidersimulator.0.html
•
If you’ve been banging your head against the wall in an attempt
to figure out why you haven’t hit the top ten results in Google,
GoRank.com has a page that can give you important clues to help
you figure it out. One of my favorites, the Top Ten comparison report,
will scrub the raw data of the top ranking results for a given keyword.
http://www.gorank.com/seotools/
In studying the results, you may find it easier to understand where
your own optimization efforts are going wrong. Don’t forget to stop by
Google for your API key at http://www.google.com/api as you’ll need
it to create your free account.
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•
When you find what you may think is an ideal keyword, before
you start tweaking your pages, it’s a good idea to run it through this
tester. Using the Google API, it analyzes whether or not a given
phrase will be worth your efforts.
You’ll already have to be well-versed in how to find good keywords to
plug into the tool, but once you have that nailed, it’s pretty reliable in
telling you whether it’s worth your time to target that phrase. If you
use flash on your site, check out the flash viewer on their utilities
page as well.
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http://searchguild.com/difficulty/
The following tools are for monitoring your search results in the
three major search engines. It isn’t an all-inclusive list, but
rather a highlight of some of the tools you can use.
•
Open up your browser and go to Google’s home page. Type in
info:yoursitenameandsuffix. So if your site was
Producerslounge.com you’d type info:Producerslounge.com. You
can also use site:yoursitenameandsuffix to find out which pages
have been indexed by Google’s search engine spider.
This search will tell you pages that Google considers similar to yours.
It will also show sites that it considered linked to you, and show sites
that carry your full url, hyperlinked or not. It’s not 100% accurate as
far as telling you all the sites that are linked back to yours, but what
you can learn from this is which backlinks matter.
From here you can also see the last day Google spidered your home
page.
To see this in action, click on the first group of information links,
“Show Google’s cache of yoursitename.com” If you look next to the
word “cached” on the first line, the date is expressed also.
Sometimes it seems that the cached time for yoursitename.com and
www.yoursitename.com are different, so be sure and check both.
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•
Yahoo. This document will tell you how to find out what sites
are linking to you, give you the results for how many pages of your
site are in Yahoo, and more. Once you get to the results page, you’ll
be able to view your cached pages, etc.
http://help.yahoo.com/help/us/ysearch/tips/tips-08.html
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From the same folks who brought you Google Rankings, using Yahoo
Search Rankings, you’ll be able to see where you rank within the top
1000 results in Yahoo for a given keyword. If you just want to see
your Yahoo rankings, it’s quite helpful.
http://www.yahoosearchrankings.com/
*MSN. As the page in the help section states, you can use
site:www.yoursitehere.com to find out if a document at your site
has been indexed. The results page will also give you the date of last
caching.
http://search.msn.com/docs/siteowner.aspx
•
Google. You’ll need a free Google API key for this one, and
this site has the direct link telling you where to get one. You’ll have to
enter this key in order to query the site for information on Google.
With Google Rankings, you’ll be able to see where you rank within
the top 40-1000 results in Google for a given keyword. They also
have some other tools that will track your keywords over time, as well
as one they call the “Ultimate SEO Tool” that will measure your site’s
keyword density.
http://www.googlerankings.com/
http://lilengine.com/tools/backlinks-tool.php
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Alexa Traffic Rank
This is an extremely useful tool. Statistical information about any
website (including yours) is gathered by a company called Alexa.
The Alexa Traffic Rank is the average of the number of net users
relative to page views for any particular site.
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So the goal is to reduce the number quoted on your website by Alexa.
The smaller the number the more popular the site is.
This is useful in not only determining activity for your site, but also
assessing somebody else’s site. A competitor, perhaps, or somebody
you wish to trade links with. Let’s say you wish to purchase a banner
ad on somebody else’s website, and they are quoting you a certain
level of traffic. With Alexa you can ascertain whether or not their
numbers are inflated.
A very good mile stone to aim for is to get down below 100,000 and
then if you can attain 30,000 this would be considered very good.
Remember, it’s a ratio of users in general versus visits to your site, so
as your link popularity increases, your Alexa Traffic Rank will lower,
meaning it’s better. Just remember: lower is better.
http://www.alexa.com/
And to keep up on what is happening in the business of search
engines, have a look at http://www.searchenginewatch.com
Also, I included a list of search engines in the appendices of this
document
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I’m focusing a lot on video. It’s the future. Hell, it’s the PRESENT.
Video is perfect because it’s cheap and it’s captivating. People like to
see moving pictures. As the Internet advances, so does the demand
for video. The total investment is modest and the impact is huge.
If you have no experience with video, and no clue about the medium
at all, read on, I’ll give you a quick overview.
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The first thing you need is a video camera. There are two
considerations: will you be creating video for the Internet only, or will
you also be creating for distributed DVD’s?
If you plan on creating video for the Internet only, since the final
video will not be full screen and full motion, you don’t need an
expensive video camera. Any good consumer camera will work. Mini
DV (digital video) cameras are the best you would need. If you don’t
already have a video camera, you can find good used ones for $200$300. New ones for $400-$500.
For DVD quality video, you’ll need spend a little more, but not much.
You’ll definitely need a three chip camera. Three chip cameras are
also referred to as “3 ccd” cams, because they have one light sensor
(chip) for each color of the RGB (red, green, blue) spectrum.
Colors are a combination of red, green, and blue, the three primary
colors. So a three chip cam yields the best image because it has one
chip to deal with each primary color. You don’t need to know that, just
understand that three chip cameras are far superior to one chip
cameras.
If money is no object, then the more expensive the cam the better.
You can get used Sony PD150’s and PD170’s on EBay quite
reasonably priced. Ditto the Sony VX2000.
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I REALLY like the Panasonic GS400 (I have one) because it is an
amazingly small three chip cam with a flip out monitor. I also have a
Canon XL1S. The Canon XL series are available on EBay for a good
price as well.
By the way, the cams I just listened are standard definition video
cams. You should know that the world is moving away from standard
definition television to high definition television. In case you don’t
know the difference between the two I’ll give you a quick synopsis.
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High Def, Standard Def, What’s The Dif? High definition
programming has a 16:9 (widescreen) aspect ratio, the same as a
movie screen (only smaller), and more lines of resolution. Standard
definition has an aspect ratio of 4:3, and much fewer lines of
resolution. High definition is purely digital, while standard definition
can be digital or analogue.
Basically, high def is bigger and sharper than standard def.
This affects us in the long run. In the US, the Federal
Communications Commission is requiring all United States over-theair television stations to make a full transition to digital by December
31, 2006. Digital television consists of three formats: standard (480i),
enhanced (480p), and high definition (720p, 1080i, 1080p).
In coming years, analog television sets will be like 8-track players:
collectors items unless you purchase a digital-to-analog decoder. The
point is: digital high definition is not only the new format, it’s the new
standard for television.
Do you need to rush out and buy a high definition cam? No.
There is still some life left in standard definition video. In fact, high
definition disc players are still not widely available. And the industry
has not agreed on one disc format. Right now, two high definition
disc formats are battling for dominance: Blue Wave, and HD.
This is the classic Betamax versus VHS battle we saw with VCR’s in
the 80’s. We all know who won: the cheaper but inferior technology,
VHS.
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It’s too early in the game to know which disc format is going to win.
The few production companies releasing titles in high definition are,
not surprisingly, porn companies, and they are hedging their bets by
releasing in both formats.
So we know this:
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For producing, high definition is comprised of 720p, 1080i, and
1080p (refers to fields and lines of resolution. Produce with
cameras that capture in 720p, 1080i, or 1080p and you can create
high def video.
For playback on disc, two formats are fighting it out (Blue Wave
and HD) and there is no front runner.
Broadcasters are moving to high definition, and high definition
television sets are available, but the high definition players (that’s
the Blue Wave and HD I was mentioning) are not widely available.
So even though TV channels are broadcasting high def programming,
DVD’s still have a few years of life in them
But I’m recording all my content in high definition now.
Why?
The primary reason is that high def cameras are available now, and
inexpensively. You can buy one of the better high def cams, the Sony
HVR-Z1, for about $5,000 US dollars. I just bought one, and it’s an
amazing cam.
I’m recording all my shoots in high def, releasing them on standard
definition DVD’s, and when one of the disc formats wins (Blue Wave
or HD) and people start buying high def players, I’ll already have a lot
of content created in high def that I can go back and re-release on
high def discs.
If money is no object and you are going to be purchasing a camera, I
strongly suggest you buy a high def cam, and I cannot sing the
praises of the Sony HVR-Z1 high enough. A stunning high def cam.
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One more thing about high def… you can produce video clips in high
definition. Microsoft has a high def version of their Windows Media
Player encoder. One of my favorite video editing programs, Vegas
Video 6, has high def templates. You can create high definition video
clips very easily, and sell them via DVD and CD. They are only
viewable on computers, but a DVD or DVD of high definition video
clips is another product that you can sell.
Have a look at this webpage for more about Microsoft’s high definition
video offerings:
http://www.microsoft.com/windows/windowsmedia/content_provider/w
mvhddvd/default.aspx
Avoid VHS, 8 MM, and High 8! These are of low quality. An
“acceptable” tripod will be about $100 (if you can spend $300 for a
fluid head, or at least fluid action, tripod) and a hand held microphone
about $50. I like the Azden 990 shotgun mics that fit onto a
camcorder nicely; they sound wonderful, and eliminate all traces of
camera whir, that is, the noise created by the cameras motor.
Mini DV camcorders come equipped with Firewire capability. Firewire
is a cable that connects your computer to your camera and transfers
the data. If your computer doesn’t have a Firewire port, you need only
pop into a computer store to purchase a Firewire card. They are very
inexpensive and easy to install.
The combination of mini DV and Firewire is a godsend for producers
because there is no loss of quality at all when transferring video from
tape to computer and then back to tape. The quality of even the low
end mini DV cams astounds me.
If you’re shooting outdoors you probably won’t need any extra light. If
for some reason you do, (perhaps the sun is not always in the right
place to light your subject the way you want) get some large sheets of
foam core white board at the office supply store for around $10 and
use it to reflect the light onto your subject. Works great which is why
the pros do it.
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For indoor lighting, open up the curtains and use as much natural
lighting as you can. If you can afford to, purchase some video lights.
A good set can be purchased for under a thousand dollars on eBay.
Video lights differ from normal lights in that they are tuned to the
frequency of video. It’s called “the color temperature”.
The color temperature of video is 3200 degrees Kelvin. When we
talk about color temperature we are talking about the color scale
against which all light is measured. Daylight itself varies a great deal,
but by ‘daylight’ temperature we mean about 5,500 degrees Kelvin.
Kelvin is identical to Celsius, except that the K scale starts at
absolute zero, which is -273 Celsius. So daylight, at 5,500K is the
color of light that would be given off by an object heated to 5,500K.
Just remember this: video lights have a color temperature of
3200 degrees Kelvin, for still photography it’s 5500. Keep that in
mind and you’ll sound like you know what you’re talking about!
Conversely, I have shot in hotel rooms using cheap construction site
lights that somebody bought from Home Depot. Not as great as video
specific lights, but they work.
Still Cameras
Still cameras are far less complicated than video cameras. Digital still
cams are popular and inexpensive, and yield an amazingly high
picture quality. Generally, all you really need to know is that the
higher the megapixel count of the chip, the better the camera.
Again, it comes down to chips. Still cams, like video cameras, have
light sensors to record the image. The bigger the chip, the better the
picture. The lower end cams have 4 or 5 megapixel chips, the better
ones up to 12.
Mine is an 8 megapixel Canon Powershot Pro 1. It is classified as a
point and shoot camera. A professional photographer would laugh in
my face, but for what we do the point and shoot digital cameras are
perfect. They automatically adjust all the settings (shutter speed,
flash intensity, exposure, etc). All you do is point… and shoot.
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You can get digital SLR’s. They are far more expensive than the point
and shoot cams, and very much LESS automated. You need to know
what you’re doing.
If you’re going to be taking pics for your website, a point and shoot
digital camera will suit you fine.
Basic Porn Lighting Techniques
Professional lighting fixtures can run as high as $3000 or as low as
$100 per unit. Deciding on the look, feel and visual ease of the
production is a must when determining what type of lighting to get.
Another concern is what types of lights to buy and where to place
them.
TECH TALK
First, we’ll discuss the proper lingo to use when discussing lighting
techniques. Although terms may differ, depending on factors like
country, studio, single camera or multi-camera shoots, I’ll try and
keep it general.
VIDEO LIGHTING:
Key Light. Your main light source. A light fixture placed at the four,
six or eight o’clock position, as per the main shooting area or talent.
The Key Light will define the main shooting area or talent by creating
harsh shadows and highlights. The Key light is often placed to one
side of the camera position, left or right depending on the Eye Line
(which is the direction in which the talent will be directing his/her
action towards). This helps to create depth.
Fill Light. Also known as Kicker, this is your secondary light source.
This lighting fixture is usually placed at the opposite side of the Key
light. This new light source will help soften the Harsh Shadows and
highlights created by the main light source, hence balancing your
lighting. Diffusion or lower wattage is usually used to help achieve
this effect.
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Back Light. This lighting fixture is placed at the twelve, ten or two
o’clock position, as per the main shooting area or talent. The Back
Light helps separate the main shooting area or talent from the
background. When shooting an interview, the Back Light will throw
some light on the shoulders of the talent and creates a halo or “hair
light” around the head, hence separating the talent from the
background. A second Back Light can be used to create a less dense
or single light source look. When using two Back Lights, you must not
position these lights beyond the three or nine o’clock position, as they
will spill light onto the front of the talent or main shooting area.
Spill. Also known as splash. A lighting fixture whose only purpose is
to create depth and texture. This lighting fixture can be placed at any
position from the nine o’clock to the three o’clock back position.
These fixtures must be aimed towards the background wall in order to
emphasis depth to the set. With the use of flaps called “Barn Doors,”
this light can be shaped. Opening and closing the Barn Doors can
create the illusion of a window (off camera) or a small lamp. This will
aid in creating depth that otherwise may be hard to achieve on small,
compact sets.
Barn Doors. Metal type flaps that can be found on high-end
professional lighting fixtures.
Open Face/Closed Face. These terms refer to the construction of
the lighting fixture, either with or without a thick glass lens placed in
front of the reflector and bulb.
Diffusion. To diffuse the light source; also referred to as softening
the light source. Diffusion can be achieved with different types of
diffusion paper: white diffusion, frost, tough spun, opal, scrim, etc.
Diffusion can also be achieved with the use of a soft box or Chimera
(a brand name).
Bounce. A redirection of the light source by using a matt white
surface to bounce the light; a wide, softening flat light source is
created.
Color Gels. Fire-retardant paper used to color light. Available in a
rainbow of theatrical colors.
Color-Correction Gels. Fire-retardant paper used to color-correct
light. For example, changing “Tungsten” to “Daylight,” etc.
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DIRECTIONAL LIGHTING
Your basic lighting technique is known as “Three-Point Lighting.” This
includes a Key Light, a Fill Light and a Back Light. For “single
interview” type of shooting, this kind of lighting technique is perfect.
But for porn use, this type of lighting will create a world of problems.
A contributing factor would be the different camera positions needed
to shoot a pleasing scene. Shadows and hot spots would be your
biggest concern. Use this lighting technique for porn and in the end
you will have a scene that looks... well, quite bad and plain
amateurish.
Unless you’re a seasoned lighting professional, directional lighting will
drive you crazy. You can spend all day trying to figure out how light
moves, but every time your camera and/or talent moves from one
position to another, new lighting problems will occur. As little as an
inch of movement can throw horribly harsh shadows in the most
unfortunate (think money shot) places. Simple close-up shots will be
near impossible without a lighting change.
THE SUNGUN SOLUTION
Some directors have overcome this problem by adding more soft
lights and a very special Key Spot or “Sungun.” A Sungun is a small,
portable light that can be placed on top of the camera. But for porn,
shooting this light will be more of a problem then a savior if not used
properly. The best way to utilize this light would be to use a holder or
assistant – someone who holds the light and points it in the direction
of the camera’s view without creating harsh shadows or hot spots. In
order to achieve this, the Sungun should not exceed 50 watts, and 5
to 10 watts would be preferable. Always use a diffusion to soften this
light. Since this light is used only as a Fill Light (to remove harsh
shadows and highlights), lots of practice is needed to do this properly.
The cameraman and his or her assistant need to be in constant
communication, almost in unison with each other. Mind you, this type
of lighting technique for porn is mostly used in higher-end
productions.
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BOUNCE LIGHTING
We won’t be using Directional Lighting to learn our basics; Bounce
Lighting will be our best friend. Ever heard the saying “Simple
Stupid”? This is true of Bounce lighting. You can’t mess this up. It’s
been said, whenever in doubt, bounce!
There are many techniques in the fine art of bouncing light. The most
general and widely used is the “Ceiling Bounce” or “Wall Bounce.”
Point your lights at an approximate 45-degree angle towards the
ceiling. Try to get the light as close to the ceiling as possible; extend
your tripod until your light is inches from the ceiling, keeping just
enough distance so that an hour or two of shooting won’t burn your
paint. Place your Key Light (the stronger one of the two) at the four,
six or eight o’clock position, making sure that the bounce will reach
the talent or main shooting area with the most intensity. Keep in mind
that light bounces at a 90-degree angle. Understanding this concept
will help you in placing the light at the proper angle.
Now place your secondary light source (Fill Light) at the opposite
position of the Key Light. It’s not a big deal if your light sources are of
the same intensity or wattage. Just place the Fill Light at a greater
distance from the talent or main shooting area. Now you have
balanced lighting falling on the main shooting area.
To verify that you’ve done this properly, a light meter can be used.
However, if you don’t have one handy, use your hand. With your
hand open and angled in the direction of the camera’s view, move
around the shooting area keeping a strong eye on the shadow
movement for your hand. If the shadows on your hand don’t move
around too much, you’ve done your job right.
Depending on the room size and ceiling height, the intensity of the
lighting will differ. For larger rooms, add directional lighting in the form
of a Soft Box at the five and/or seven o’clock position and about 3 to
4 feet from the ground, fully diffused to approximately 250 – 100
watts. You can pull the light back if you don’t have a dimmer on your
lighting fixture. This soft light will lighten up the dark areas on wide107
angle shots and allow you to get in closer without throwing the
dreaded “cameraman shadow.” In essence, the angle of the soft box
will move your personal (cameraman) shadow off to the side rather
than in the wide-angle view of the camera lens.
Umbrella Bounce
When is umbrella bounce lighting needed in video production? I’ve
used bounce umbrella lighting as a quick and easy way to set up
lighting in an otherwise a difficult setting – like a dark hallway (dark
walls and carpets with high ceilings). The reason is simple: some
colors and textures absorb light rather then reflect it, so in these
cases more light is needed, even for a small area such as a face.
You could use something like an open face Lowell Omni light (for
example) and bounce it with an umbrella in order to get a soft
balanced light using only one light source.
Here are the problems we encounter when lighting for porn:
Using two or more lighting fixtures will naturally create shadows. For
example, two lighting fixtures set at 3 o’clock and 9 o’clock will create
a full body shadow to the left and to the right of the subject. One
shadow will be darker than the other. Remember “key” and “fill” light
we discussed earlier? In principle, the higher up you set your lights
the lower you can “throw” the shadow towards the floor… eventually
removing the shadows from your shot. But this isn’t always true in
porn. In porn, unlike most other scenarios, the camera is in constant
movement with the action. Also the camera needs to get in hard-tosee places such as in-between legs where harsh strong shadows are
always a problem.
Directional lighting will always create a harsh dark shadow. On the
other hand, bounce lighting is much softer and much more balanced,
hence reducing the harsh shadows. But in-between legs there really
isn’t much we can do, right? Wrong. When using umbrellas to
bounce, you create a much larger “beam” of bounce light than
directional lights would produce. This reduces the strength or
harshness of shadows and throws the shadows to a much more
acute angle (left and right).
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This approach is great for reducing the size of that harsh shadow
between the legs. This is one reason why girls in porn flicks seem to
have her legs spread apart much more than would be needed in real
life sex situations.
If you find yourself in a situation where these shadows are still a
problem despite the use of umbrellas then I strongly suggest using a
small eye light or sun-gun. 3 watts should be sufficient in helping
reduce this soft shadow and not burn the image.
Umbrellas range in size and in material. Some come with a silver
interior and a black exterior. Stay away from silver as they are not
needed for video. Others come with two layers: a black layer and a
white layer, the white layer being on the interior of the umbrella.
These are very useful umbrellas. Should you ever be in need of an
emergency soft-box, these umbrellas are the perfect replacement.
Simply remove the black lining and place the umbrella in front of the
fixture as you would a gel. You have now reduced the intensity of the
light, creating much softer light – in essence, a soft-box.
Bounce Light As A Fill
Directional is sometimes the only way to go in a hard lighting
situation, however don’t despair. A bounce, used as a fill, will lighten
the image and create softer shadows than directional light alone.
Using a white reflector disc, a white show card, or even a foam core
mounted on a tripod will soften the whole feel of the frame. This also
allows for maximum coverage of the light area. Remember: light
bounces at 90 degrees. I have been known to use this type of lighting
for a single blowjob scene where the camera movement is limited to
just in front of the talent.
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Soft Box Lighting
A very popular style of lighting in porn is soft box lighting. Much more
expensive than bounce/umbrellas, soft box lighting creates the same
type of soft shadows that are needed to shoot porn. However, soft
boxes will cover a much smaller area than an umbrella bounce and
are still considered a directional light, hence a little harsher shadow
than bounce. A soft box is an enclosed black box (made with fireretardant materials) with a reflector on the inside. It is closed off with
some soft diffusion gel.
For tight budgets, building a soft box is fairly easy and painless.
Rather than buy the soft boxes (they can run as low as $250 per),
you can to build them at a cost of approx $45 each. At any hardware
store you can purchase some Quartz working lights (300 watts).
You’ve seen these powerful lights used in garages or web cam
Houses. They create lots of heat and a very harsh directional light.
Using one or two of these lights you can proceed to build a soft box
using double-sided white and black foam core, but you can also use
thick show card. Make sure to build the sidewalls at 45 degrees
rather than 90 degrees, leaving enough space for air circulation so as
not to burn the foam core or show card. Then close the box off with
diffusion paper such as full opal or half opal. Build yourself a dimmer
box and connect the soft box to it. This will allow you to control the
intensity of your soft box.
Alternative Pro Lighting
On my higher end adult shoots I use a very different type of lighting:
balanced daylight or tungsten florescent lighting fixtures. The most
popular brand of these types of lights is known as Kino-Flows. These
pre-balanced florescent tubes are pretty expensive to purchase
(ranging from $1100 - $3000 per unit) and come with a dimmer,
ballast and egg crate. In my humble opinion these lighting fixtures are
ideal for porn. They create a cool light (no heat is distributed through
these lights) which is much softer than bounce or soft boxes. My
usual setups include 3 to 4 of these fixtures, depending on the size of
the set, and either 4 bank or 8 bank units.
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When using 3 Kino’s in a small room or set I place 2 Kino’s at 3
o’clock and 9 o’clock and up as high as I can get them, thus throwing
the shadows as close to ground as possible. The 3rd light is placed
down low towards the area that will be mostly used during the
production… in other words, the penetration area. This third light will
throw the cameraman’s shadow to the left or right and will still
illuminate the much-needed money shot. A fourth backlight is used
when the room or set is bigger and a back wall can no longer act as
an effective bounce/fill. Renting a 3-light fixture kit will run about $300
– 400 per day. Balance your camera to either Tungsten or CTB
(daylight) and I assure you a beautiful and well-balanced professional
look with minimal shadows.
STILL PHOTOGRAPHY:
It can be distinctly different from video lighting. For one thing, the
color temperature is different. Color temperature for video is 3200
degrees Kelvin, for photographs it’s 5500.
For my shoots I keep it very basic! I like the amateur look and
feel. I don’t want over processed, perfect looking pictures. I use
a Canon Powershot Pro1 8 megapixel camera. With the flash that
is native to the camera. A pro would laugh at that, but who
cares? It’s the paying customer that I am pleasing.
If you really want to go all out, drop by some of the camera stores in
your area. You’ll see that you basically have three options for lighting:
flash, tungsten lights, quartz halogen.
Each have their pros and cons. Tungsten lights create an
unbelievable amount of heat, but can be a cheaper option than flash,
and is especially suitable for some types of still life subjects so you
may want to consider the various options.
Quartz Halogen lights made for studio photography are the most
popular, although not the cheapest option. Although they do run
extremely hot, they are designed for the job and can be used with
modifiers such as diffusers, barn doors and honeycombs, just like
flash, but the modifiers are more expensive because they have to be
capable of withstanding the heat. Because of this they are far heavier
too, and because of the heat you’ll need to switch your lamps off and
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allow them to cool before removing the modifier or even repositioning
the light.
Photoflood lamps are really just glorified light bulbs, ‘overun’ to
produce much higher light output and ‘whiter’ light than ordinary
household lamps, they are cheap compared to halogen but they have
2 major disadvantages:
1. They only last between 2 and 5 hours at full power.
2. They darken with use, this reduces light output and also changes
the color of the light
Oh yeah… quartz and photoflood lamps can explode, so always use
a protective screen!
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A third, and much cheaper option, is a standard 500-watt quartz
security lamp. If you go for this option you will need to fit the lamps
to a stand, for adjustability, but this is not a big problem. The only real
problem with this type of lamp is that, because it is not designed for
photography, the light beam is very uneven and always needs some
kind of diffusion. This isn’t too difficult, because all that you really
need is a fire-resistant reflector from which to bounce the light.
You don’t need to know this unless Spielberg taps you to be his next
DP, but in case you’re curious:
A bit more about color temperature: As the heat increases, the
light becomes less red and more blue. Here are some examples of
various types of light and their temperatures, they are guides only
and not absolute figures. Color temperature of typical light sources
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6,500 Daylight, overcast sky at noon.
5,740 average noon summer sun
5,600 standard outdoor “white light”
5,500 Photographic white (approx. 9440 deg. F)
5,070 average noon winter sun
5,000 outdoor light for most of the day
3,500 sun 1 hr after sunrise
3,200 photo flood-standard indoor “white light” studio lights
3,000 1000 watt incandescent tungsten halogen lamp
2,870 100 w incandescent light bulb
2,800-2,900 - standard house lights
2,000 sunlight at sunrise and sunset
1,900 candle flame
A good rule of thumb is that an electronic flash is about the same
color as typical daylight and that the tungsten photographic lights
mentioned above give off a more orange light. If you are using digital
you should be able to adjust the white balance, if you are using color
negative film you should correct the color by using a filter but these
adjustments can be carried out at the printing stage instead.
Electronic Flash is more convenient than tungsten and is pretty well
standard in most professional studios. There are two basic types,
Generator (also known as pack) and Monoblock. Generator lights
have most of the ‘works’ in a large, heavy box that sits on the floor
and connects via a heavy- duty cable to the lamphead. The lamphead
basically consists of just a flashtube, modelling lamp, reflector and
fan and so is light and fairly cheap. Because they are light they are
less unstable when perched on the top of a stand, and far better
when on a boom arm.
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I find lighting for still photography to be more complicated than
lighting required for video. If you really want to get into lighting for still
photography, I suggest picking up one of the gazillion books on the
subject.
What’s Next?
Now that you have a good comprehension of lighting let me leave you
with a few tips that will help assure a better-looking production:
First, always remember to white-balance your camera to the final
lighting scheme. Place a white board or paper at a right angle to the
light in the middle of the action and white-balance your camera with
whatever lens or attachment you will be using during the production.
Second and equally important is to lay down an axis that will help you
confine the camera’s movements to aid in keeping the lighting fixtures
out of the shots and not confusing your audience as to the position or
direction of the action. Keep these simple tips in mind every time you
shoot and you will have better production values, guaranteed.
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Editing software has also decreased in price. For the pros there is
Adobe Premier, Final Cut, Vegas Video, and Ulead Media Studio. All
of these are more than you need however, and can have steep
learning curves.
If you want just basic software at a reasonable price, have a look at
Ulead.com. They have several low end editing software packages.
You don’t need fancy transitions and effects. You merely need to be
able to trim scenes and fade between them.
Now, what to do with your video once it’s edited into a form that you
are happy with? You have many options. The first thing is to copy it to
a new, unused mini-dv tape for storage. You would do that via the
Firewire back onto your camera.
It would also be wise to create a DVD of your masterpiece. Video
tape is history. DVD players are every where, DVD discs are cheap,
and easy to author. Again, check out Ulead.com for an easy to use
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and inexpensive DVD authoring program. These are good because
they have templates and are wizard driven, so you needn’t know
about compression codec’s and bit rates, etc.
You’ll probably want your video available via your website. There is
much more of a future for websites offering original video than still
pics. There are a couple of ways you can make your video available:
as streaming video, or as downloadable video clips.
Streaming video means that the visitor can see the video while it is
being downloaded from the server. A downloadable clip is exactly
that: a short video segment that a visitor downloads to his computer
before viewing it.
Streaming video starts playing almost as soon as the server begins to
download it to the visitor. The visitor needs to have a plug-in to view
it. The most widely distributed plug-in is the Real Audio/Video plug-in.
Most web users have it already installed. If you have access on your
server to Real Video for a reasonable expense ($10-$20 per month)
than Real Video might be the answer for you. The license for adding
Real Video to a server is high. The server must have the Real Video
streaming software running on the server.
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A lot of web hosting companies, such as xxxwebhosting.com, offer
some sort of streaming video solution.
I prefer Microsoft’s video format, Windows Media Video (wmv). The
file sizes are small, the image quality is excellent, and a lot of video
editing programs come with a module that enables you to convert
your video as wmv clips. They usually have a selection of presets, so
you don’t lose your mind figuring out configuration and settings.
Also, Microsoft usually sells a wmv authoring program of some sort,
inexpensively. Have a look at their site (www.microsoft.com) because
their programs are always changing.
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Another thing I like about Windows Media Video is that the clips
buffers a small amount of itself before it starts to play. That is, it
downloads five or six percent of the video to the users computer and
starts to play, while the rest of the video clip downloads. Another
benefit is that visitors can download and keep video clips. This is very
attractive to users.
Divx (www.divx) is also very good. Their software is very inexpensive
and the picture quality is stunning, but their encoder can be
confusing, plus you may run into licensing issues. Also, your
customer will need to download the Divx player. I suggest you go with
Microsoft Windows Media Video.
When creating video, remember who your audience is and what they
want. Don’t try to create something for MTV. Create a simple video
that communicates. Keep it simple. The mark of a good professional
video is the absence of gimmicks. A pro doesn’t rely on gimmicks.
They rely on good story and careful production. That’s why their
videos sell product.
They keep the focus on the product, not on their video wizardry.
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Some Legal Mumbo Jumbo You need To Know
At the very beginning of your movie you will need a legal statement.
It’s very straight forward, merely detailing that all the individuals
involved in the production are over the age of 18, that you have
adhered to the title 18 USC laws, and an address where such records
can be viewed.
By federal law the legal claim has to appear at the beginning of your
movie. Here is an example of an opening legal claim page:
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WARNING
This video/material is intended for a select viewing audience,
specifically adults over the age of 21 who view this content for
instructional, informative and entertainment purposes only. It is
understood that this video/material may not be sold to anyone
without clear consent. This video may not be exhibited to any
minor, nor any individuals who do not wish to view this
video/material.
The records required by “Title 18 USC Section 2257 and
associated regulations with respect to this video cassette, and
all graphical material associated on which this label appears, are
kept by the custodian of records at the office of the
manufacturer at the following location. The following records
contain proof of age, models social security numbers, actual
names, aliases, stage names, and or nicknames. Keeper of
records:
~YOUR NAME & BUSINESS ADDRESS GO HERE~
(Your Company) certifies to all commercial distributors of this
video that said materials are in full compliance with the
requirements of Title 18 USC, Section 2257 and related
regulations.
Copyright (place year of copyright); (Place company name here)
All rights reserved. All models depicted were at least 18 years of
age at the time of taping or filming.
(Place the production date here or the day the film was shot.)
You must use your real name, but it is legal to place the first initial of
your name followed by your last name. For example, J. Smith is
perfectly legal.
Copyrights
What is a copyright?
A copyright is a collection of rights that belong exclusively to the
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copyright owner. Copyright laws are intended to encourage the
creation of new material by assuring that the work of creative
individuals is protected. A copyright holder has five exclusive rights.
These include the right to:
Reproduce the work
Prepare derivative works (works derived from the original work
such as abridgments, translations, or other adaptations)
Distribute the work
Perform the work
Display the work
Just like other forms of property, only the owner or administrator of
a copyright has authority to allow another person to exercise any
of the owner’s exclusive rights.
Sometimes the owner of the copyright is the creator of the work;
other times, the owner is a publisher or organization that has been
assigned the rights. To determine who holds the copyright, look for
the copyright notice: the word copyright (or the symbol “©” or
abbreviation “copyr.”), a year, and the name of the copyright
owner.
The length of copyright protection varies according to when the
work was created. While specific circumstances determine the
exact duration of the copyright, works created:
Prior to 1978 may be protected for 95 years.
In 1978 or later generally are protected for the author’s lifetime
plus 70 years.
Works that are not protected by copyright are said to be in the
“public domain© Vertigo Multimedia Inc. All rights reserved. This
e-book is completely original, and owned and copyrighted by
Vertigo Multimedia Inc.
You definitely want to copyright your movie. Place a copyright at the
bottom of the opening screen of your movie, after the legal claim
page. If you do not copyright your work, somebody else can!
Incredible, I know, but what’s important is whose name is on the
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copyright. You could produce a movie and have somebody buy it,
copy it, copyright it, and then there is nothing you can do about it.
Fortunately, copyrighting a piece of work is inexpensive and easy.
The fee for a copyright averages $30. To obtain a copyright for your
film, write to the below address or pop over to their website, and
request copyright forms for your video. The forms will be sent to you
within a few weeks and are easy to fill out.
Here’s the address to request copyright forms:
U.S. Copyright Office
101 Independence Ave. S.E.
Washington, D.C. 20559-6000
(202) 707-3000
http://www.copyright.gov
So how to get your movie into as many adult video rental stores as
possible? Indeed, you could compile your own list and contact each
individually, but if you really want to ensure that your movie gets into
as many stores as possible, you need a distributor. Distributors will
make things a lot easier for you in terms of moving large volumes of
movies.
A distributor will buy certain quantities from you, and then sell your
movies to the video stores themselves. Distributors are the “middlemen”. They will save you much time in terms of contacting video
stores compared to doing it on your own. You will find a list of
distributors and their numbers and addresses in the appendices of
this document. And remember, a distributor will only consider
your productions if they contain sex.
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It is very difficult to get a distributor interested in you. They receive a
gazillion calls a week from producers just like us. Most producers are
hawking material that is simply not ready for prime time. Make sure
yours is. Because you have only one chance with these outfits. If
they agree to review one of your movies, and it’s garbage, they will
never take your calls again.
So your best bet is to start off small, with local video stores. Approach
the adult video stores in your area. Call them and ask how you can
reach that companies buyer. Most likely they will give you a number
to that stores head office, if it’s a chain. When you do make contact
with the buyer, your approach will be very important. The chances are
you will be nervous and speak very quickly. You could come off as an
amateur. The key to coming across as professional is to know what
you’re going to say, and how you’re going to say it.
Before calling, make a list of questions and answers. Know what your
pitch will be. Nervousness is a result of fearing the unknown. But if
you are well prepared, most of your nerves will disappear. Take
several deep breaths to relax (it works), then make your call and
describe your movie clearly and in a relaxed manner.
You especially want to have a prepared statement in case you
encounter voice mail, which you will most of the time. Write out an
engaging pitch that you think would compel them to call you back.
Your name and phone number won’t prompt anybody to call you
back.
Use your imagination: what is great about your movie, and how can
THEY benefit from it? In sales there is something called USP. “What
are the USP’s of the product?”. USP stands for Unique Selling Points.
The unique selling points of your movie could be that all the girls are
18, for example, or first timers (first timers are big business), or all
blondes, or takes place on a yacht, or in the tropics, or whatever…
you get the idea. What is unique about your movie?
Keep a record of everybody you have spoken with, when you talked
with them, and what you discussed.
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Focus on the value of your movie, not the price. Buyers will pay for
value. Let the video stores & distributors know what’s in it for them,
how your movie is different, and that you are creating a marketable
franchise with which they can profit. It’s not about one movie, it’s
about an entire line which will last for years.
You’re a producer, and have a produced movie and would they be
interested in seeing a short preview of the product? Product is their
business. The chances are they will be intrigued and willing to view
your preview.
Your preview should be no more than ten to fifteen minutes in length,
showing a few minutes from each scene.
Remember, before you send out any tape or DVD containing your
content, make sure you have it copyrighted. Along with your movie,
include a personal letter, detailing whom you talked with from their
store or head office. Also, briefly describe the qualities of your movie.
Have your business logo at the top of your personal letter, and never
send a letter that is not typed. Add your signature with blue ink
(makes it more personal, since it shows you didn’t photo copy your
signature). If you can, send along some images depicting the box
cover. If you have a box cover already created, do not send it, only
pictures of it.
One thing that works for me is a website with an area that only
distributors can access (I send them a username and password). On
this site they will find video clips and images of artwork I envision for
the box cover. The clips and images are watermarked, that is, they
have my logo in them, to prevent theft.
This is a wonderful method of getting your samples to potential
buyers. If you’re not Internet savvy, don’t worry about it, snail mail will
do.
If they like it, then you can explore how many copies they would like
and at what price. Also, ask what video distribution companies they
deal with.
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You will have stores that will not be receptive, but most will be. This is
a very good place to start. Once you have your movie in several local
retail stores it will be easier to hook a large distributor, because you
have a track record.
Don’t quibble about price. You need THEM more than they need
YOU. If you’re not making a profit, don’t worry, the important thing is
to establish a track record: get your videos into stores. When that
happens, they will come back for more… and more…
You will no doubt encounter some rude people. When that happens
always maintain your calm disposition. Be diplomatic at all times,
don’t ever lose your temper. However, there is no need to deal with
rudeness. Simply inform the person who is being rude that you have
no intention of dealing with him/her any further due to their behavior,
and “would you please pass me on to your superior?”. That usually
works.
If they are not interested in viewing your sample, simply wait a week
and try again. Follow up with email and a written letter describing the
highlights of your movie. When you call back ask for a different buyer.
Of course, don’t mention that you were chatting with another buyer. In
fact, before you make your first call to a buyer, call the chains
headquarters to find out how many buyers they have, and also their
names. If whomever answers the phone, just say you’re calling from
such-and-such production company and you’re updating your mailing
list. This way you can call and ask for specific buyers, and not get the
same one twice.
Price is always a good negotiating point. They may like your movie
but not commit to purchasing it. In this case, you can always offer to
lower your price. Start at a dollar per unit, but never go so low that
you will end up losing money.
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If you keep lowering your price and the buyer still will not commit, ask
the buyer questions such as “in your professional opinion, is my
movie commercially viable?”. If the answer is “yes”, respond with
something like “what can I do to sweeten the deal for you, and get
this movie into your stores?”
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Once you have established a good working relationship, feel free to
ask for referrals. Do they know of any other video stores or outlets
that would be interested in your product? You can also ask this of
DVD replicators.
Spend some time at the library. In the reference section you will find
business directories for just about every type of business. This is
invaluable for compiling a list of video stores to contact. Also, libraries
tend to stock yellow pages of every major city, so this is another
handy place to find adult video outlets in different cities.
A valuable reference source is Gale’s Encyclopedia of Associations,
which lists all types of associations in the US. You’ll find addresses
and telephone numbers of associations pertaining to any industry.
Also, check out the Encyclopedia of Business Information Sources,
which lists trade associations, on-line databases, and books by topic.
Both are from Research, Inc. in Detroit, Michigan.
Ask video stores & distributors what types of industry publications
they read. Adult Video News is one (www.adultvideonews.com). You
could also have a look at Standard Rate and Data Service, Business
or Consumer Publications, published by SRDS (www.srds.com).
This, too, is in the reference section of your local library.
A couple of industry associations exist to represent the adult
entertainment industry:
The Free Speech Coalition (http://freespeechcoalition.com/)
promotes itself as “the trade organization of the adult entertainment
industry. Its mission is to safeguard the industry from oppressive
governmental regulation and to promote good business practices
within the industry.” It’s worth checking the site often, since they list
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developments in the industry, as well as list the various adult
tradeshows (such as Internext, the worlds largest entertainment
industry convention. Their website is http://www.internext-expo.com/)
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Video Software Dealers Association (VSDA). VSDA describes
themselves as “the trade association for the entire home video
industry”. Their website is
http://www.idealink.org/Resource.phx/public/aboutvsda.htx
Every year they hold the Home Entertainment trade show, another
very large and influential industry event. VSDA is headquartered at
16530 Ventura Blvd, Suite 400, Encino, CA. Phone: 818.385.1500
Fax: 818.385.0567
Some questions to ask of a distributor:
What is the scope of their function? Do they merely distribute
shrink wrapped units, or do they also manufacture and design the
finished product?
Experience. How long have they been in business, and how many
stores do they provide product to.
What media do they specialize in: DVD, video, cable, satellite?
Do they have a printed catalogue, and if so, can they send you
one? When they do, have a look at the quality of the printed
material (does it look cheap and sloppy) and how many movies
are listed.
What is their procedure(s) for foreign distribution, and what are
your rights as a producer?
How do they keep records?
What is their policy towards returns?
How do they breakdown the producers revenues per unit? And
what percentage of per unit sales do they pay to the producer?
What is their payment schedule? Put another way, how often do
they pay out?
What costs do they deduct from the gross of sales (which will yield
the net. The net is the profit… how much is left over after all the
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expenses are deducted from the total, which is referred to as the
gross)
Can you be your own distributor? Yes, but it will take a lot of time
and effort. Spend some time in the library finding numbers and
addresses of adult video rental stores and put a list together. Contact
them all, find out who their buyer is, and whether they prefer movies
on video tape or DVD. Produce top quality movies, follow the
procedure I outlined above, and you’re in business. You’ll also find
opportunities in distributing other producers products.
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The major chains will yield the greatest profit, because they purchase
in bulk. Instead of the one or two copies that a local video store will
request, chains will order hundreds or thousands. Be prepared! It’s
nice to get the big orders, but you can kill your business by not being
able to fulfill the order. Being prepared entails knowing whom will be
manufacturing your video tapes and/or DVD’s, how much it will cost,
and how long it will take.
DVD Versus Video
The industry is transitioning from video to DVD based product.
Mainstream movies went over to DVD years ago, but the adult
business is different. There is still a stigma attached to adult
entertainment, and most of the DVD replicators (companies that
manufacture DVD’s are called replicators) will not manufacture DVD’s
containing erotic material. In fact, I know of only one facility in North
America that will manufacture adult DVD’s: Triplexdisc Corporation
(www.triplexdisc.com). Their entire business is adult DVD’s. Also,
have a look at this Canadian outfit: www.mijo.ca
Video is a no-brainer. You copy it onto DVD or a high grade master
video, and either copy and label it yourself, or take it to a video
duplicator.
DVD’s are different. The discs you make on your home computer are
different from the DVD discs one finds in a video store. The difference
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is this: commercial DVD’s are pressed, home made DVD’s are
burned.
Like a CD-ROM, the DVD you create on your home computer is
burned by a laser in your DVD burner. The laser manipulates a dye,
and that is how the video data is recorded on the DVD. Commercial
DVD’s are pressed. Much like a vinyl record, a master hard copy
must be created, and then plastic is injected around it and molded
into a DVD.
It boils down to compatibility. A home made DVD will look identical to
a commercially produced DVD, but because they are each created
using different methods they are both very different to the machines
playing them.
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A pressed DVD is one hundred percent compatible with DVD players,
while home made DVD’s are made to be read by computers, and so
won’t necessarily be able to play on a stand alone DVD player.
For my websites I sell home made DVD’s and have never had a
compatibility issue. However, this is not adequate for retail. A video
store and distributor will want commercially pressed DVD’s. Many
distributors will offer this as part of their service. You would just send
them a mini-dv tape with your finished and edited movie on it, and
they will take care of DVD authoring and manufacturing.
This is where Google is your best friend. Do a search for adult DVD
replication and see what you come up with (the industry is constantly
changing). At the time of this writing, only one major replication
company accommodates adult material. Also at the time of this
writing, the laws in Taiwan have changed to allow DVD
manufacturers there to create adult DVD’s. I strongly recommend
against using any Asian company for your DVD manufacturing.
Piracy is a major issue in that part of the world… and they won’t be
respecting your US copyright.
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If you must do video, find a professional duplicator. Video duplicators
are everywhere, so this won’t be an issue. Price is not the absolute
variable when deciding upon a duplicator. Some other considerations:
Does the company do duplicating AND packaging? What about
package design?
If packaging is included, does this include printing, and if printing,
how many colors?
What brand of tape stock do they use, and has it been purchased
recently, or months ago?
Do they have an analyzer? This is also referred to as a tape
analyzer or an equipment analyzer. What these do is ensure
consistency of quality, and are a must for commercially duplicated
video cassettes. They are very expensive and the low end
duplicating companies don’t have them.
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How many tapes you have produced is a function of your budget, or
how many orders you have. Ideally, you want to duplicate tapes in
accordance with how many orders you have, but that’s impractical for
small orders. A lot of duplicators have minimum numbers of tapes
that you can order. And usually the price per unit decreases the
larger the order is.
Try to find a duplicator that will enable runs based upon how many
orders you have.
One more thing… always nail down what is included in the final price.
This can include packaging, design, boxes, shrink wrapping, the
cassettes, the tape stock, and the cost of the actual duplication.
Understand all of these costs, so that there are no nasty surprises.
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And don’t forget, your cassettes must have a label, consisting of the
name of custodian of records and the address where the section
2257 compliance documents are located.
DVD Cases
The most important part of your DVD is the front cover. Literally. The
design of your DVD case will determine whether somebody
rents/buys your movie or not. It’s that simple.
Your cover should portray attractive women and accurately reflect
what your movie contains. Seems pretty obvious, huh? But how often
have you rented a movie based upon what you see on the front
cover, only to watch the movie and
… hey, she’s not there! Do not be misleading, since that will only
cause people to not rent any more of your movies.
I know, it seems like I’m stating the obvious, but I’m amazed by how
many producers miss those two simple points. Attractive women
SELL, and they have to be actually IN your movie.
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So, do you have a flair for design, and know how to create interesting
images? If not, I strongly suggest you hire a graphic designer. They
are plentiful, and inexpensive. Even if it costs you a couple of
hundred dollars to have your DVD cover professionally designed, you
will earn it back in spades because more people will be compelled to
procure your movie.
A rule of thumb for the design of your box cover, is to not show too
much. This is especially true for the front cover. The back of the box
can be a little more revealing. Also, your boxes cannot show any
sexual penetration or open genitals (it’s the law). If you have a picture
that you just must have on your box cover but genitals or penetration
is apparent, simply blur it out. You can do a Gaussian blur in most
image editing programs.
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The reason you do not want to show too much is because you want
to tantalize the prospective purchaser, not satiate them. Remember,
the goal is to get them to pay to see your actresses naked and
engaged in sex.
A picture of one or two of your actresses in provocative poses will do.
Accentuate her positive features, such her face, legs and ass (no
vaginas on the box cover, remember?)
Naturally attractive (no tattoos or piercing) women posing on beds is
a reliable attention getter, and these movies tend to be rented out
more often than others.
Another great picture shot to put on your front box cover is to have
two women posing together on a bed. Simply have the two women
look ahead and smile while sitting next to one another. This will
arouse the curiosity of the potential customer to buy and/or rent your
film. If they see to much action on your box, then the curiosity will be
gone. Without this curiosity, expect your sales to be very low.
All you need are some pictures you snapped the day of the shoot, or
some high quality screen captures from the movie itself. A lot of
editing software will enable exporting of individual video frames. It’s
what I do. Export the frame, them enhance it in Photoshop or
Fireworks.
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These pictures are very important, because it will be on the front of
your box cover, and hence will be the determining factor as to
whether your movie gets rented or purchased… or not.
Real estate on a box is limited, so keep the text to a minimum.
Pictures will deliver more of a message than words. You can mention
what ever name you have adopted for yourself as a producer, or the
character that you have created for yourself. For example, the name
Seymore Butts moves a lot of videos. He’s built up a brand name.
You will, as well, but it takes time. You always want to list the length
of your movie.
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I suggest spending some time at a video rental store examining the
appearance of the boxes on the store shelves. What colors do the big
players use? Ratio of pictures to text? What sort of sell lines grab
your interest? What is the average length of the movies? Also, ask
the counter clerk, or manager, what the best selling genre is, and
specific titles. Rent them, watch them, make note of how many
scenes they have, how long the scenes are, and how soon they get
to the “action”.
As you get bigger you will need to focus on the legal structure of your
business. It’s not as crucial when you’re starting out. When I started
my first site, and had produced all of one movie, I had no formal
business structure. As money came in, however, I decided to
incorporate, both in Canada and also the US. Here is an overview of
business entities…
For legal and tax reasons there are four different forms of business
structures: sole proprietorships, partnerships, corporations, and
LLCs. They all confer varying degrees of protection to you, the
business owner.
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Which one is best for you depends upon how much money you are
making, where you are located, and how many employees (if any)
that you have. So let’s go through each entity.
A sole proprietorship is basically one person conducting business
without any legal structure (or protection). Really, it’s just a way of
saying “hey, I’m going to call myself a business, and market my
services under a business name, but actually it’s just little ol’ me”.
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You file taxes under your own social security number. It’s the same in
Canada, except you file taxes under your social insurance number.
A sole proprietorship is the quickest and easiest business structure to
establish. There is little paperwork and legal mumbo-jumbo to deal
with.
But (and in life there is always a “but”) with simplicity comes a huge
downside. You have no legal protection. You and the business are
one and the same. That means if the government comes after your
business for taxes, they can take anything you own. Ditto if
somebody sues you. Any issue the business encounters affects you
personally.
However, it’s still a good way to start, and open a bank account under
your business name. Depending upon where you are located, you
can register a sole proprietorship through your local city hall. Just call
them (city hall is always listed in the phone book) and tell ask them
how you go about creating a sole proprietorship. Also, in some areas,
you can merely fill out a form called “Doing Business As”.
You won’t want to remain a sole proprietorship for long. Remember,
you don’t have legal and tax protection, plus the name of your
business won’t be specific to you.
Partnerships function exactly like sole proprietorships, but instead of
involving one person, it accommodates two or more. Like sole
proprietorships, partnerships provide you with absolutely no legal
protection, and have the added problem of personality conflict. No
one person is the boss, and this a situation just begging for trouble. I
recommend against forming a partnership.
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If you decide you must have one, work out a solid working agreement
that states, clearly, what each partner will be responsible for, the
agreed upon mission of the partnership, and (most importantly) a
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buy/sell understanding. If the partnership gets to a point where it is
profitable, and one or more of the partners decide to leave, you will
have already agreed upon terms of their leaving regarding how much
you will be paying them for their end of the business, no further
claims to future earnings of your products, etc. You’ll have the option
of buying your partner out, rather than putting up with anybody your
partner wants to sell to.
A corporation is a completely autonomous legal entity. Unlike a
proprietorship and a partnership, there is distinction between yourself
and the corporation. It’s not you marketing movies and/or websites,
and writing cheques, signing the lease, buying cameras, etc… it’s the
corporation.
Corporations are more complicated and costly to set up, but they
afford you complete legal protection and tax incentives.
For example, somebody could sue the corporation, and win, but the
judgment ends with the corporation. Nobody can come after your
home, car, or any other personal assets. Plus, just about every
expense incurred in the running of your business can be deducted
from revenues generated by the corporation. More profit, less taxes
to pay!
The downside is that there are a million do’s and don’ts involved in
setting up and running a corporation. You really need to work with an
attorney to ensure the corporation is set up correctly. And then there
are no ends of rules and regulations that govern the operation of a
corporation, and you have to keep minutes of board meetings, elect
officers, issue shareholders reports. It’s a headache. The bottom line:
corporations are for when you are REALLY big. When you have lots
of money coming in, expenses, property, perhaps employees. When
you’re just starting out, corporations are over kill.
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LLC’s (limited liability company) are similar to corporations, but
without all the formalities and red tape. I really like LLC’s. You get the
best of both worlds: freedom and protection. An LLC is a partnership
that acts like a corporation, and you can have only one partner if you
like. The person in charge is called the managing partner, and
everybody else is a member.
All are shielded from liability (just like in its big brother, the
corporation). Plus, the LLC can take advantage of all the retirement
plans and employee benefits of a corporation.
LLC’s are pretty easy to set up. The only legal requirements are an
initial meeting with a lawyer, to draw up the paperwork, and the
annual filing of your companies tax return. And that’s about it! No
minutes, no meetings, no committees.
An LLC offers all the protection and tax incentives of a corporation
but with none of the hassles of a corporation. These business
structures are perfect for people like you and I.
So you can start off with as a sole proprietorship, or a DBA (doing
business as), and when you start making lots of money, create a
LLC, and if you really get big, register a corporation.
Because every state and province has subtle differences in business
structures, I suggest buying an hour of time with a business lawyer or
accountant.
It won’t cost much, and then you’ll be certain of which business entity
is right for you.
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So now you know:
How to register a website domain name
The basic elements that must be included on your site
How to market your site(s)
TGP’s
The software you’ll need
Billing
What to look for in a web host
The new 2257 laws
How to find and deal with talent, and cover yourself legally
What makes for compelling video and picture content
The basics of video production
How to acquire content if you are not producing it yourself.
The best places to link up with other webmasters and producers
like you.
Distribution for retail
And a LOT more.
This is, literally, more than most of the people in the business know.
I strongly suggest you scroll through the appendices. There you will
find lists of TGP’s, content providers, billing companies, software
resources… pretty well every thing you need to know in your quest
for prosperity in your new career in the adult entertainment industry.
One more thing… I suggest you keep a document of ideas. Word, or
Word Perfect, or even just a text file. As you spend more time
working at this business, your mind becomes tuned to it, and hence
you will get ideas. I get them all the time! Some of them will seem
weird, and right out in left field, but write them down anyway, because
you never know what the future holds.
An idea you have today that seems wacky might be appropriate for
the market 5 years from now, and may end up being a million dollar
idea. You just never know how the market will change, and what the
next “big thing” will be in this industry.
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I sleep with a little voice recorder next to my bed (about $80 from
Radio Shack). Often I’ll wake up in the middle of the night with an
idea, and just speak it into my recorder. The next day I will transcribe
it into the Word document I use for my ideas. Write down all of your
ideas, no matter how goofy they may seem at the time.
Also, sign up for the following free newsletters that will be emailed
daily to you:
www.xbiz.com (all about the adult entertainment business)
www.entireweb.com/newsletter/ (keeps you up on what’s happening
with search engines and internet marketing. Invaluable, and it’s free)
www.sitepronews.com (another top notch newsletter all about web
marketing)
www.seo-news.com (search engine strategies)
Keep in touch! Let me know how you are doing. It is always a thrill for
me to hear from people who paid for my course and went on to
achieve great success. You can contact me through my site
www.producerslounge.com. Surf over to the site occasionally. I am in
the process of setting up an area where you can sell your movies.
Remember, when you love what you do, it isn’t work!
Good luck, stay in touch, and see you at the AVN awards :-)
James
[email protected]
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TGP’s
These are the thumbnail gallery posts I was telling you about, that
you will use to promote your site by having them list your galleries of
pic and/or video clips. This list is by no means exhaustive. Hundreds
of thousand of TGP’s exist. However, this list comprises TGP’s that
have worked for my sites. I suggest you cut and paste this list into a
word document or text file. You can add to that every time you come
across another TGP. Plus, I find it useful for keeping track of what
galleries I submitted to whom and when.
As mentioned earlier, the two best automated systems for mass
submission to TGP’s are www.advancedsubmitter.com, and
www.russiansubmitter.com. Although I have never used them, you
may wish to also look at http://www.chameleonsubmitter.com/
Once you sign up with one of these programs, the process of
submitting your site to thousands of TGPs will become virtually
effortless. You will just have to fill out the details of your site:
Your name (or alias)
Your email address
Your site’s URL
A description of the content
The number of movies/pictures
The niche
Once you complete the details, the automatic submitter program will
submit your link to thousands of TGPs.
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Here is a list of TGP’s to get you going. A non-write protected
version is in the included file “Lists&Forms.pdf”. As you find more you
can just keep adding to this list. Remember to keep it alphabetical, so
it is easy to ascertain whether or not you already have a TGP listed.
1-sex-pictures.com
1storgasm.com
18sextime.com
8teenporn.com
100freelolitapics.com
101lolitas.com
700galleries.com
2005teens.com
3tgp.com
adultbuffet.com
adultsexlinks.com
ah-teens.com
akissbetweenthelegs.com
al4a.com
alcoholinks.net
alphaporno.com
amateurcurves.com
ampland.com
angelsaddicted.com
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atkmodels.com/cgi-bin/tm3/signup
babepark.net
badassteens.com
babespider.com
barely18-teens.com
bonerfuel.com
book-mark.net
boxofporn.com
bravoteens.com
brilliantteens.com
bunny-list.com
bushgalleries.com
beautyass.com
candycoatedteens.com
carlaschoice.com
celebpix.org
centralsexy.com
coedcherry.com
cowboytgp.com
creamedbunny.com
creami.com
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cutielist.com
diabloxporn.com
dirtythumbz.com
dirty-venus.com
e-cuties.com
eroticlinks.net
fast-porn.net
fantasticnudes.com
fetishpicpost.com
finalteens.com
freehairygalleries.com
freeporntrain.com
freshgal.com/
fucktor.com
galleryhunters.com
galleries4free.com
germantgp.com/trade.php
gumaxxx.com
hairy.1-fat.com
hairyangels.com
hairyerotica.com
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hairymomma.com
hairypussycuties.com
hairytaco.com
hairythumb.com
halopics.com
hardcorejunky.com
hornycrocodile.com
hothat.net
hot-little-sluts.com
hqgal.com
hq-teens.com
idealbabes.net
inbedwithbabes.com
jabafun.com/
jamies-galleries.com
jerkoffhere.com
justfuckingteens.com
kingstgp.com
kutegirls.com
lewd-girls.com
little-teen-pussy.com
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littlethumbs.com
littletighties.com
lovefuckk.com/files/webmaster.htm
lovetgp.com
millionpussies.com
mystere-tgp.com
my-teensex.com
naughtythoughts.com
nurglesnymphs.com
new-teens.net
nude-babe.net
nudehotangels.com
paradisenudes.com
persiankitty.com
pervstgp.com
petitenympha.com
petiteteenager.com
pickalink.com
pichunter.com
picpost.com
planet-babe.com
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pornocook.com
porn-mobile.com
pornsense.com
pretty-flowers.net
prettynu.com
purescans.com
raimisthumbs.com
rawpussy.com
realfreshteens.com
reallyeighteen.com
real-porn.net
red-matures.com
ruteens.com
safepornlinks.com
schoolgirls4all.com
schoolthumbs.com
scorpioncave.com
seavirgin.com
sex18teens.com
sexfarmer.com
sexigoddess.com
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sexis.com
sexoflover.com
sexsweety.com
sexycap.com
sexxxylolita.com/cgi-bin/gal/submit.cgi
shafty.com
shelbybelle.com
shemp.com
slutsgate.com
smutboy.com
sortedlinks.com
sublimedirectory.com
sunnyvirgins.com
superdiosas.com
strictlythumbs.com
sweetcollegegirls.com
sweetgirlz.net
teenadorables.com
teenah.com
teenax.com
teenbookmark.com
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teenbling.com
teen-charms.com
teencoedpics.com
teeniegirlgalleries.com
teeniefuck.net
teenieparade.com
teenport.com
teensalespost.com
teeniesxxx.com
teenpiccentral.com (very good teen site!)
teens-pussy.net
teen-tonic.com
theblackrussian.com
thehun.net
thumb18.com
thumbdetective.com
thumbzilla.com
tightdelights.com
tommys-bookmarks.com
top-teen-sex.com
totun.com
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tgp.gob-gook.com
triplexbabes.com
videolan.org
weboutlaws.com
wetteenthumbs.com
worldteenies.com
xapster.com
x-offers.com
youngerbabes.com
youngleafs.com
young-sexy.com/cgi-bin/gal/submit.cgi
youngzilla.com
Modeling Agencies
1) Jim South / World Modeling - http://www.worldmodeling.com ,
4523 Van Nuys Blvd, Suite 205, Sherman Oaks, CA 91423. 818-9864316, 9487.
2) Reb Sawitz / Pretty Girl International 7494 Santa Monica Blvd,
#200, LA, 90046, 323-882-8262
3) One Model Place (www.onemodelplace.com)
4) http://www.eromodelcasting.com (based in Montreal)
5) http://adulthollywoodnorth.com/
6) http://www.sexyjobs.com
7) A small but up and coming agency based near Ottawa:
www.mgsagency.com
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BILLING COMPANIES
Definitions
1. Merchant accounts allow you to accept credit cards yourself,
paying only the credit card company (visa, MasterCard, etc) a small
percentage,
and your merchant bank a small fee for each transaction.
2. Third party processors accept credit cards for you, and so you do
not need a merchant account. These companies take a percentage
(usually 15%+) of every transaction, and send you a check for the
rest.
3. Dialer programs allow your members to dial into your website,
or your associate website paying per-minute fees. Dialer companies
cut you a check for your share, and usually provide the content site
as well.
A list of companies that will help you process credit cards
online:
www.ccbill.com
www.ibill.com
www.verotel.com
www.myvirtualcard.com
http://www.paycom.net/
The above four companies are the biggest, and the only such
companies that I am confident in recommending. The world is full of
fly by night con artists. I prefer to stick with the tried and proven
quantities.
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146
Myvirtualcard.com has the added
benefit of allowing you to charge for tangibles as well as access to
your members area. This is good for companies that have online
members areas and also sell hard good such as DVD’s, videos, sex
toys, etc.
Are there other billing companies? Yes, but I have no experience with
them, and hence cannot recommend them personally. Here is a list of
companies you may wish to explore:
http://www.jettis.com/
http://www.highriskmerchantaccounts.net
International banking agents, for merchant accounts offshore and in
the US.
Minimum monthly processing US 250,000 per month, and offshore
it’s 1 million per month!
http://www.verza.com/index.html
Sell products from your website and Verza takes care of your billing.
http://www.multicards.com
This company does not require you to have a merchants account,
and you can operate from almost any country in the world. Worth a
look if you’re not US based.
http://www.netbilling.com
Fairly low transaction fees, BUT you need a merchants account with
a bank.
http://1.2000charge.com
Lots of features. Have a look at their site, and read carefully their
merchants agreement.
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DVD Replicators
Triplexdisc Corporation (www.triplexdisc.com). Their entire business
is adult DVD’s. They will also do the art work for your DVD cases,
and will provide you with templates to make it easier for you.
In Canada there is also www.mijo.ca
Video/DVD Distributors
General Video of America Inc
1945 Carroll Avenue
San Francisco
94124
(415) 468-5600
This is the biggest distributor of adult movies in North America. They
distribute to every adult video store in the US. Oddly, they do not
have a website.
Excalibur Films
(714) 773-5855
3621West Commonwealth Ave.
Fullerton, CA 92833
www.excaliburfilms.com
Another great distributor, and they deal specifically with adult video
mail order. They claim to be one of the largest adult mail order
distributors in the world.
Action-DVD.com
34544 Lakeshore Blvd.
Eastlake, OH 44095
(440) 942-9091, (440) 942-6352 Fax
ADI Distributors
626-636 North 5th Street
Philadelphia PA 19123
(215) 592-1488, (800) 727-1713, (215) 592-1509 Fax
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The AVI Group
P.O. Box 91257 Los Angeles, CA 90009
(800) 222-9622, (310) 574-2329 Fax
Multimedia Inc.
CD-ROM Dists
100 Corporate Park Drive, Ste. 1690
Pembroke, MA 02359
(781) 826-9333, (800) 969-6237, (781) 826-9339 Fax
DVDMPEG
17860 Newhope St., #A-189
Fountain Valley, CA 92708
(714) 378-3167, (888) 383-6734
(714) 378-3171 Fax
3rd Rock Productions
PO Box 1788
Monroe, GA 30655
(404) 674-0296, (888) 324-3341
A18 Corporation
250 West 57th St., Ste. 317
New York, NY 10107
(212) 977-7456, (212) 977-8709 Fax
All Adult Video & DVD Dists
39360 3rd Street East #405
Palmdale, CA 93550
(800) 624-2444, (661) 947-9479, (661) 947-7610 Fax
AVICA Entertainment
7044 Sophia Avenue
Van Nuys, CA 91406
(800) 200-4221, (818) 780-5474, (818) 780-5790 Fax
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Bon-Vue Enterprises
PO Box 92889
Long Beach, CA 90809
(310) 631-1600, (310) 631-0415 Fax
Multimedia Inc.
Caballero Video Company
15041 Calvert St., Ste. B
Van Nuys, CA 91411
(800) 269-4457, (818) 373-0280, (818) 373-0290 Fax
CD-ROM Dists
100 Corporate Park Drive, Ste. 1690
Pembroke, MA 02359
(781) 826-9333, (800) 969-6237, (781) 826-9339 Fax
Cinderella Dist Inc/CDI Home Video
8021 Remmet Ave.
Canoga Park, CA 91304
(818) 884-6681, (800) 423-5593, (818) 884-0921 Fax
Documentary Home Video
1007 Montana Ave., #718
Santa Monica, CA 90403
(310) 260-4900, (310) 452-0606 Fax
E & A Video and Magazine
300 West 43rd St.
New York, NY 10036
(800) 869-8655, (212) 489-7556, (212) 768-0045 Fax
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Elegant Angel
9801 Variel Ave.
Chatsworth, CA 91311
818-733-0411, 800-495-5594; 818-773-1163 Fax
Erotika Films
22048 Sherman Way, Ste. 205
(818) 676-0218, (818) 676-0279, (818) 676-0242 Fax
Eye On You Productions
PO Box 26133
Indianapolis, IN 46226
(317) 897-1184, (317) 897-3091 Fax
Multimedia Inc.
Gentleman’s Video, Inc.
21638 Lassen St.
(818) 700-7785, (800) 399-9480, (818) 700-7784 Fax
Group Distributing
5007 Pacific Hwy East #9
Fife, WA 98424
(800) 801-9476, (253) 926-2462, (253) 926-2457 Fax
Heatwave Entertainment/Sterling Pictures
7750 Burnet Ave.
Van Nuys, CA 91405
(818) 901-2100, (800) 367-3355, (818) 901-2110 Fax
Horizon Media Group LLC
292 Murphy Road
Hartford, CT 06114
(877) 525-3880, (860) 525-3880, (860) 525-3886 Fax
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Instinctively Yours
8110 Remmet Ave Unit 3
(818) 992-6461, fax (818) 992.6481
International Video Distributors
59 Lake Dr.
Hightstown, NJ 08520
(609) 426-1777, (800) 999-2483, (609) 426-1899 Fax
John Fantasy Productions, Inc.
Your Video Business
PO Box 681428
Orlando, FL 32868
(800) 890-1601, (407) 293-5997, (407) 290-0715 Fax
J & S Distribution
1123 W. Grove Ave.
Orange, CA 92865
(800) 957-9676, (714) 279-1969 Fax
Multimedia Inc.
Katz Amusements
Box 2608
Sepulveda, CA 91393-2608
(818) 347-9880, (818) 347-9880 Fax
Kings Dist Inc.
8701 Tonnelle Ave.
North Bergen, NJ 07047
(201) 662-8990, (800) 285-4647, (201) 662-9212 Fax
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Marina Pacific Distributors, Inc.
7077 Vineland Ave.
N. Hollywood, CA 91605
(800) 999-5530, (818) 503-7741, (818) 509-1435 Fax
Multimedia Pictures
9555 Owensmouth Ave., #9
(818) 772-9590, (888) 727-3399, (818) 772-9698 Fax
Nymph Pictures LLC
(818) 710-0214, (818) 998-0000, (818) 998-0930 Fax
Premiere Sales Group
28210 Ave Crocker #303
Valencia, CA 91355
(888) 550-8621, (661) 294-8621, (661) 294-9926 Fax
Prime Market Distribution
2260 5th Ave. South
St. Petersburg, FL 33712
(727) 323-4566, (727) 323-2935 Fax
Royal Video Distributors
1030 A. Leslie Ave.
Baltimore, MD 21228
(410)-747-2933
http://www.royaladultvideo.com
Multimedia Inc.
Ryan East Distributors/Eastern Video
6325 Erdman Ave.
Baltimore, MD 21205
(410) 488-8898, (800) 411-6708, (410) 485-8292 Fax
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Southeastern Sales
PO Box 9286
Columbia, SC 29290
(803) 771-0769, (803) 771-0938, (803) 256-9316 Fax
Tri-ADD Technologies/Entertainment Inc.
625 E. Belmont Ave.
Fresno, CA 93701
(559) 486-0936, (559) 486-0958 Fax
Triple X Distribution
9614 Cozycroft Ave.
(888) 757-0537, (818) 885-2880, (818) 885-2880
USX Distribution, Inc.
9614 Cozycroft Ave.
(888) 757-0537, (818) 885-2880, (818) 885-2881 Fax
Video 10 Distributors
7065 Lexington Ave.
W. Hollywood, CA 90038
(323) 962-8504, (800) 548-4310, (323) 962-6489
www.alibaba.com/trade/search/2i1p5tyfchms/US/Adult_Dvd.html
This is an interesting site that lists many distributors.
http://www.adultvideooutlet.com/intro.htm
http://www.buyritedvd.com/
http://www.dbvwholesale.com/
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http://getadultdvds.com
http://www.hotrodproductions.co.uk/
http://www.kaytelvideo.com/index2.htm (one of the biggest in
Canada)
http://www.kbeechdirect.com/aboutus.asp
http://lavareleasing.com/index_warn.php
http://madflixxx.com/Default.asp
http://www.miamibooks.com
http://www.opdshop.com/index.html
http://www.porndealer.com/
http://www.prismmediagroup.com/
http://www.prvt.com/
http://www.rkadultvideo.com/
http://www.royaladultvideo.com/index.asp
http://www.savesmartdvd.com/catalog/adult_studios.php
http://select-distributors.com/wholesale/home.php
http://www.springtowndvd.com/home.asp
http://www.usavewholesale.com/
Multimedia Inc.
http://www.videocanada.com
http://www.shop-at-wholesale.com/adultvideo.html
http://www.evn.com
http://www.cutthroatvideo.com
http://www.aegvideos.com
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http://www.jadedvideo.com
http://www.gamelink.com
http://www.goliathfilms.com
http://www.adultdvdempire.com
http://www.toyboxxx.com
http://www.lustique.com
http://www.fivestardvd.com
http://www.dvdexotic.com
http://www2.adultdvdexplorer.com
http://www.xrentdvd.com
http://www.dvdadvantage.com
http://www.theadultoutlet.com
http://www.rentadult.com
Multimedia Inc.
http://www.bluedoor.com
http://www.buydvdporn.com
http://www.xonair.com
http://www.videoage.com
http://www.wholesaledvdsforless.com/
http://shop.private.com
http://www.syndvds.com/
http://www.xrentdvd.com/site/default.html
****good list: http://www.adultvideonews.com//company/comp
Another option is to sell your DVD’s through other sites. Clips4sale
(www.clips4sale.com) lets you sell individual video clips. Ebanned
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(http://www.ebanned.com) is like Ebay, but dealing with sexual
material. You can auction your DVD’s and whatever else you are
selling. Also, these sites: www.eroticvideos.com,
www.nookieauction.com, www.naughtybids.com,
http://videos4sale.com/.
Multimedia Inc.
Useful Sites:
Webmaster resources, for keeping tabs on what’s going on in
the porn industry:
www.gofuckyourself.com ( a must)
http://www.theadultwebmaster.com/ ( a must)
www.avn.com (another must)
www.ynot.com (a third must)
http://trix.sexswap.com/
http://www.adultcontentnews.com
http://www.adulteverything.net
http://www.lukeford.com/
http://www.adultwebmastergold.com/
http://cyborsex.com/webmasters.htm
http://www.hcontact.com/webmaster/
http://www.privatelabelresources.com/index_warn.php
http://www.adultinsider.com/
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http://www.adultsiteowners.com/
http://www.webmasterslounge.com/
http://www.webmastervault.com
Multimedia Inc.
http://www.weboverdrive.com/
http://www.webmasterland.com/
http://sexynet.org/
http://www.2postsex.com lets you submit your adult site to hundreds
of adult
resources including, but not limited to adult search engines, adult
directories,
adult top lists and more.
As mentioned earlier, the two best automated systems for mass
submission to TGP’s are www.advancedsubmitter.com, and
www.russiansubmitter.com.
Legal
Remember, the 18 U.S.C 2257 law requires that you have proof that
any model appearing on your web site is at least 18 years of age,
regardless of whether you got the content from an affiliate program,
or a content provider, or any through any other source. You must
have a copy of the proof of age in your records.
The law requires that you have all the following for all content on your
site at all times:
1. Name of the person who took the pictures or videos
2. Copy of that producer’s model release
3. Scan of the model’s ID’s (take a picture and record it on video)
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4. A photo of the model, posing with their ID in a clearly visible
image.
5. Text naming your Custodian of Records on your website
Multimedia Inc.
Some very useful legal sites that deal with adult entertainment:
http://www.firstamendment.com/
http://www.adultsitelaw.com
(An extremely useful site. I especially like their section containing
every legal document you would ever need:
http://www.adultsitelaw.com/forms.html)
http://www.bitlaw.com/
http://www.ivanhoffman.com/
http://markskatz.com/
http://xxxlaw.net/
http://www.canadianlawlist.com/
http://www.benedict.com/
http://businessgateway.ca/ (a Government of Canada website,
targeting Canadian businesses)
http://www.findlaw.com/casecode/
This is an interesting site that will maintain your records for you:
http://www.my2257records.com
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Model Release
A model release is a legal contract between model and
photographer. The contract is to protect both the model and the
photographer and it outlines the terms and conditions under which
each may use and/or alter the photos, video, etc.
There are no laws requiring anyone to have a model release or a
copy of one, BUT YOU MUST HAVE ONE WITH ALL YOUR
MODELS for your own protection. A model release is a personal
legal contract between model and photographer, not a document
required by any law. If a photographer that you purchase content
from does not have a model release, you should not conduct
business with them.
Here is a typical model release that I use for all of my productions:
(don’t forget to replace (YOUR COMPANY) with the name of your
company)
I (Please print) __________________________(Model), for good and
valuable consideration, the receipt of which is acknowledged, give to
(your name and company), their legal representatives, successors,
and all persons or corporations acting with their permission,
unrestricted permission to copyright and/or publish photographic
portraits or pictures of me, and the negatives, transparencies, prints,
video or digital information pertaining to them, in still, single, multiple,
moving, or video format, or in which I may be included in whole or in
part, or composite, or distorted in form, or reproductions thereof, in
color or otherwise, made through any media in their studio or
elsewhere for art, or any other lawful purpose.
I hereby waive any right that I may have to inspect and approve the
finished product or copy that may be used in connection with an
image
that the Photographer/videographer has taken of me, or the use to
which it may be applied.
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I further release, discharge, and agree to defend the
Photographer/videographer,
her legal representatives, agents, licensees, successors and assigns,
and all parties acting under their permission, or with authority from
them, or those for whom they are acting, from any claims for
remuneration associated with any form of damage, foreseen or
unforeseen, associated with the proper commercial or artistic use of
these images even should the same subject me to ridicule, scandal,
reproach, scorn or indignity, and from any liability as a result of any
distortion, blurring or alteration, optical illusions or use in composite
form, either intentionally or otherwise, that may occur or be
reproduced in the taking, processing or reproduction of the finished
product, or its publication or distribution, or which may arise from any
breach of any warranty, representation,
covenant or agreement made by me.
I waive any claim that I may have for alleged violation of privacy,
defamation or libel by the use of such Photographs and videos.
I acknowledge that the photography/video session was conducted in
a completely proper and professional manner, and this release was
willingly signed at its opening or close. I hereby represent that I am
over the age of 18 years and have read the authorization and release
prior to its execution. I have not been induced to sign the same other
than by the recited considerations, by any representation or
statement made by Photographer/videographer, his/her agents,
employees, or anyone acting on his/her behalf.
The photographer/videographer, as primary producer, hereby certifies
to all Users that the visual depictions covered by this release satisfy
the standards under paragraphs (a) (1) through (a) (3) of Section 75.7
of the Regulations implementing 18 U.S.C. 2257 and do not depict
actual sexually explicit conduct.
Model’s signature: ________________________________
day_______/month______/year_______
Address:________________________________________
City:_________________________________________
State:________________________________________
Country: _US_____________________
Zip/Postal Code ____________________
Telephone Number _______________________
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The photographer/videographer has been shown and attaches hereto
a legible copy of the following identification items as proof of the age
of the Model, one of which is a picture identification issued by a
state/provincial or federal government or a private entity, bearing the
photograph and the name of the Model:
Witness (non family member):
______________________________________
Witness (non family member):
______________________________________
This form will be retained with the negatives, transparencies, digital
diskette (s), and/or contact sheets.
Day_____/month_________/year_______ Your Name
Multimedia Inc.
Non Disclosure Form
This is useful if you plan on exploring a partnership with somebody
else. You want to protect your ideas! By having the other person sign
this document before you divulge any of your ideas, that person is
legal bound not to disclose the content of any of your subsequent
conversations.
BETA CUSTOMER NON- DISCLOSURE AGREEMENT
The parties hereto desire to enter and establish a business
relationship.
Whereas,
. (Hereinafter referred to as “Webmaster”) has
considerable expertise and influential connections in the computer,
adult Internet and Webmaster industries; and
Whereas, it is the intention of the parties (signatories to the
agreement below) that any introductions, information and materials
collectively referred to as “Information”, given by Webmaster to {Beta
Testers Name} (hereinafter referred to as “Beta Customer”) or Beta
Customer’s End-users not be used for any purpose that is not in the
best interest of Webmaster. Therefore any information provided to the
Beta Customer/End-user and any other third party shall not be
disclosed to any other parties without the prior written approval of
Webmaster.
During discussions, it may be necessary and desirable for Beta
Customer and Webmaster to disclose or make available to each
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other some of their respective proprietary and confidential information
which information shall be clearly characterized in writing to be
confidential (individually and collectively referred to herein as
“Information”), including but not limited to specifications for hardware,
software, coding, html code, partnership programs and/or traffic
programs, customer list, maintenance services and information about
marketing plans and future products.
NOW THEREFORE, in consideration of each party’s providing this
information to the other, Beta Customer and Webmaster hereby
agree as follows:
1) Each party acknowledges and agrees that title to all rights and
interest to the Information wherever resident and on whatever media,
shall remain with the disclosing party.
2) Each party agrees that it shall maintain the Information in strict
confidence, shall not communicate, disclose, nor make available all
or any part of the Information to any person or entity, and shall use its
best efforts to prevent inadvertent disclosure of all or any part of the
Information to any third party.
3) Each party agrees that it will not exploit, commercially or
otherwise, appropriate for its own use, or reproduce in any form all or
part of the information unless specifically authorized by the other in
writing. This obligation to maintain the Information in strict confidence
includes the obligation to impose upon the receiving parties,
employees and agents the same requirement of confidentiality and
non-disclosure as required herein, both during the course of their
employment and thereafter.
Page 1
4) Each party agrees not to alter or remove any copyright, proprietary
rights notice, or identification, which indicates the disclosing party’s
ownership, from any part of the Information.
5) Each party recognizes that the disclosure or alteration of the
Information may give rise to irreparable injury to the disclosing party,
inadequately compensable in damages and that, accordingly, the
disclosing party may seek and obtain injunctive relief against the
breach or threatened breach of the confidentiality, in addition to any
other legal remedies which may be available.
6) The Beta Customer agrees that money damages would not be a
sufficient remedy for any breach of this Agreement and that
Webmaster shall be entitled to seek injunctive or other equitable relief
to remedy or prevent any breach or threatened breach of this
Agreement by the Beta Customer or persons under the Beta
Customer’s direction or control (including but not limited to
employees). Such remedy shall not be the exclusive remedy for any
breach of this Agreement, but shall be in addition to all other rights
and remedies available at law or in equity. It is agreed that this
Agreement may be enforced in the jurisdictions in which each party
has its principal office, as well as any jurisdiction in which a
threatened or actual breach occurs. This Agreement shall be
governed and construed according to the laws of the State of {state
163
name}.
REMEDIES
Any controversies or claims arising out of, or relating to, this
Agreement, or the making, performance, or interpretation thereof,
shall be settled by arbitration in {jurisdiction of your choice}, in
accordance with the rules of the American Arbitration Association
then existing, and judgment on the arbitration award may be entered
in any court having jurisdiction over the subject matter of the
controversy.
ATTORNEYS’ FEES AND COSTS
If any action at law or in equity is necessary to enforce or interpret the
terms of this Agreement, the prevailing party shall be entitled to
reasonable attorneys’ fees, costs, interest, and necessary
disbursements in addition to any other relief to which he/she may be
entitled.
Beta Customer shall defend, hold harmless and indemnify
Webmaster for any liability, loss, claim, or damage of any kind,
including attorneys’ fees incurred by Webmaster as a result of any
disclosure or use of any Information in violation of the provisions of
this agreement. This indemnification and the obligation of
confidentiality created by this agreement shall survive termination of
this agreement.
Page 2
PARTIAL VALIDITY
If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining
provisions shall nevertheless continue in full force without being
impaired or invalidated in any matter.
LAW GOVERNING AGREEMENT
This Agreement shall be governed by and construed in accordance
with the laws of the State of {state of choice}.
MODIFICATION OR WAIVER
This Agreement is not to be amended, except after the date hereof by
an instrument in writing signed by all of the parties, and no
amendment, modification, termination, or waiver shall be binding
unless in writing and signed by the party against whom the
amendment, modification, termination, or waiver is sought to be
enforced. No waiver of any provisions of this Agreement shall be
deemed, or shall constitute, a waiver of any other provisions, whether
or not similar, nor shall any waiver constitute a continuing waiver.
IN WITNESS WHEREOF, the parties hereto have executed and
accepted this Agreement:
{Beta Tester legal Name}
Legal Name}
{Webmaster
164
License agreements
A license agreement is a legal contract between a consumer and the
producer of whatever is being licensed. The agreement gives the
consumer rights to use the product (photos, video, software, etc) in
certain ways, and outlines these ways in which the consumer or
‘licensor’ may use the product.
Anytime you purchase or rent a video tape you will see a license
displayed on one of the first screens of the video.
When you purchase or download software you will also see a license
agreement to which you usually must click a button or check a box
stating that you agree with the terms. Adult content is no different.
If you purchase content from a provider or photographer they should
provide you with a license agreement which states the ways in which
you are purchasing the right to use the content.
Multimedia Inc.
If you come across a provider that does not give you a license
agreement to sign or fill out, you should not purchase content
from them.
Adult Verification (AVS programs)
http://www.18pluscard.com/webmaster
http://www.adultcheck.com/
http://www.adultbouncer.com
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http://www.adultsights.com
http://www.allmalepass.com (gay)
http://www.avsmax.com/
http://www.freeadultvault.com/
http://www.freeagecard.com
http://www.freenetpass.com/
http://www.oneverify.com
http://www.sexkey.com/
http://www.thefreekey.com/
http://www.unitedgayadultsites.com (gay)
http://www.universalpass.com
Multimedia Inc.
.
Affiliate/Partnership Programs
There are hundreds of partnership programs, far too many to list
here. These programs are useful because they provide you with their
content, which you promote, and they will give you a fee for every
person who clicks through from your website to theirs, and signs up
to their websites. The following is a sampling. Haunt the webmaster
resource sites (listed above) because there are always new programs
opening up.
http://www.bangbrosonline.com
http://www.nastydollars.com
http://www.gammacash.com
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http://www.dannicash.com (Dannisharddrive.com was one of the first
adult websites, and one of the biggest. This is their affiliate program)
http://www.airwoodmedia.com/ (operates mattsmodels.com and
several other top notch websites)
http://www.herbalo.com/
http://www.erasercash.com
http://joinrightnow.com
http://webmasterunion.com/index.html
http://www.sunnydollars.com/
http://www.oxcash.com
http://www.trafficcashgold.com
http://www.xxxpleasures.com/webmasters.htm
http://www.nastybucks.com/
http://www.celebritydialer.com/
http://www.adultplatinum.com
http://www.topbucks.com
http://www.coldsex.com/webmasters.html
http://www.lightspeedcash.com/
http://adultpaymaster.com
http://www.silvercash.com
http://www.gamelink.com
http://www.adultmovienetwork.com
http://www.clubnegro.com/
http://www.sick-pics.com
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http://www.truecash.com
http://www.vividvip.com
http://www3.naughty-celebs.com
http://xxxspacegirls.com
http://www.liveteen.com
http://www.platinumbucks.com
http://www.asiancream.com
http://www.rush4gold.com
http://www.blowbucks.com
Click Through Programs
http://www.intergal.com/
Search Engines
Mainstream Search Engines:
http://www.ask.com/ (submit here:
http://ask.ineedhits.com/sitesubmit.asp
http://www.altavista.com/ (submit here:
http://www.altavista.com/addurl/
http://www.excite.com/ (submit here: https://secure.ahha.com/guaranteed_inclusion/teaser.aspx
http://www.hotbot.com/ (submit here:
http://insite.lycos.com/searchservices/
http://www.infotiger.com/ (submit:
http://www.infotiger.com/addurl.html
http://search.looksmart.com/ (submit :
http://listings.looksmart.com/campaigns/submit/initial.jhtml?registerSt
ate=2&loginState=3
http://www.lycos.com/
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http://search.msn.com/ (submit:
http://submit.looksmart.com/;jsessionid=SKWE4NY15DM4XLAQAUH
U2LFMCACRATRF?synd=&sid=prt100933&chan=zddresults
http://www.netscape.com/ (submit:
http://digitalwork.netscape.com/searchengines_buy.html
http://www.northernlight.com/
http://www.content.overture.com/d/ (formerly Overture)
http://www.quepasa.com (submit: http://search.quepasa.com/
http://www.teoma.com/ (submit:
http://static.wc.ask.com/docs/addjeeves/Submit.html
http://www.tygo.com/ (submit:
http://www.tygo.com/websites/LifeTime_Indexing.aspx
http://www.worldlight.com
http://www.cyberfetch.comt
http://www.linkavista.com/
http://dmoz.org/add.html
http://www2.mallpark.com/Adult/FullAccess.cfm
http://www.euroseek.com/cgi-bin/new/suggest.cgi?cat=Adult
http://www.google.com/addurl.html
http://add.yahoo.com/fast/add?496328
This one is free: http://submit.search.yahoo.com/free/request
Adult Entertainment Search Engines:
http://www.adulteverything.net/ae/addurl.html reciprocal link
required, placement guidelines and submission restrictions apply.
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http://www.adoolt.com/ banner and ad-free with integrated adult
directory and adult oriented crawler.
http://www.adult-bookmarks.com/
http://www.adultsdirectory.net/ Submit your site for free.
http://www.adultfairlinks.com/ registration required for site submission
http://www.adult-list.com/
http://www.adultporngateway.com/
http://www.adult-search-engine.net/
http://www.adult-search-xxx.com/
http://www.adultsearchplanet.com/ guide on searching adult
resources
http://www.adultsitesearch.info/ submit your site for free
http://www.adultsitesubmit.com/main.html no submission restrictions.
http://www.adultsurf.ca/
http://www.afterhourslinks.com/
http://www.allgaylinx.com/webmasterresources/ reciprocal link
required.
http://www.amateurfinder.com/main.html
http://analattraction.com/cgi-bin/links/add.cgi reciprocal link with
prominent placement required
http://arlospornvault.com/ free submission mega search engine
http://www.askjolene.com/ searchable pay per click traffic for your
galleries
http://www.bentlinks.com/ gay, bisexual, lesbian search engine.
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http://blisteredpalms.com/ adult yahoo style search directory.
http://www.bluewavelinks.com/
http://www.booble.com/
http://www.club18-21.com/addurl/index.html fee paid via Storm Pay,
or Pay Pal for site submission.
http://www.cuddlebunny.com/
http://www.distantdoor.com/submission.asp reciprocal link required,
Daily site submission okay
http://www.doosey.com/ submit free, avs & pay sites. Reciprocal link
required
http://www.eroticasearch.net/
http://dir.eroticsurf.com/ reciprocal link required.
http://www.fetbot.com/addurl.cgi free submission for fetish and BDSM
sites with minimal banners, pop-ups and consoles, no free hosted
sites allowed
http://www.fetishbank.net/links/addurl/ free submission for fetish sites,
reciprocal link required, no free hosted sites, banner farm sites, full ad
pages and blind links.
http://findxxxnow.com/
http://www.gaycrawler.com/ search engine and directory for the
worldwide gay and lesbian community
http://www.gayzoo.com/addurl.html
http://www.internet-spider.de/newurl.html German, English translated
spiders, no site restrictions and ranking determined by date of
submission.
http://www.jansweb.com/
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http://www.manlynx.com
http://www.mgpdirectory.com/linkmanager/index.php comprehensive
listing of all the MGP sites.
http://www.naughty.com/add_url.phtml free link submission for adult
and free speech sites, no geocities, angelfire, or tripod sites allowed.
http://www.naughty-search.com/ reciprocal link required, no site
restrictions
http://needxxxnow.com/ Pay per listing search engine.
http://www.pertunda.com/ adult search engine offering categorized
adult links.
http://www.penis-mare.com/
http://www.porn-dailys.com/ full text search engine. Site submission
welcome
http://www.porngoto.com/
http://www.pornificent.com/ A crawler based, full text indexing adult
search engine
http://youngfux.com/genesis/
http://www.iwantmyxxx.com/
http://www.lustbox.com/
http://luxuriasex.com/bestporn.shtml
http://www.thebestporn.com/home.html
http://www.naughty.com/
http://onlybestsex.com/
http://www.pornsearcher.com/
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http://www.pornsiteportal.com/
http://www.porno-lot.com/
http://www.redlightdelights.com/
http://www.searchboxxx.com/ adult internet search engine providing
qualified traffic to your site.
http://www.sexcollective.com/staticpage?page=links reciprocal link
required.
http://www.searchforsex.net/
http://www.seekadult.com/ free submission for main page and
reciprocal link required
http://sexmole.com/getlisted.html multiple search engine placement
with site submission.
http://www.sex.com the web’s # 1 adult focused PPC search engine.
http://www.sexualspider.com/cgi-bin/search/signup.cgi multiple
submission options available.
http://www.sexxarch.com/ alternative sex engine.
http://www.smutme.com/
http://www.sweetlinks.com/wmain.html reciprocal link required and
site restrictions apply.
http://www.gogogo.com
http://www.ss-sex.com/
http://www.swelinks.com/linker
http://www.xfinder.com free and premium listings available, no
restrictions.
http://www.xxxwebfinder.com/
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http://www.sexdream.net/
http://www.cyberfetch.com/search/getlisted.html
http://www.talkingporn.com/ keyword search engine. Reciprocal link
required.
http://tgpshark.com/
http://www.x-find.co.uk/ UK adult search engine.
http://www.xxxsearch.co.uk/ Adult search engine / Directory with a
UK bias.
http://www.xxxcruiser.com/ submit your site for return traffic.
http://www.xdomains.com/main.html
These Search Engines require A Reciprocal Link:
http://www.shaggingsheep.net
http://www.42adult.com/
http://www.linkdatabase.com/cgi-bin/add.cgi
http://www.free8teen.com/links/addurl.html
Software for Adult Webmasters
Webpage editing software:
Really simple website creation software:
http://www.coffeecup.com Coffee Cup, about as easy as it gets.
They also have various other software offerings for creating basic
Flash, building forms, etc.
http://www.coolpage.com Another very easy to operate HTML page
maker.
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http://www.sausage.com/default.php Home of Hotdog, one of the first
ever HTML editors. The first one I ever used, in fact.
More elaborate software:
http://www.netobjects.com Netobjects Fusion
http://www.macromedia.com Dreamweaver. This one is what the pros
use.
Graphics
www.macromedia.com Fireworks. Great for creating web specific
images. A little pricey, but worth it. It does most of what Photoshop
will do but without the steep learning curve.
http://www.adobe.com The pros use Photoshop. I am proficient in
Photoshop, but don’t use it. It’s expensive and over-kill for what I
need to do online. You may wish to look at Photoshop Elements,
which is a scaled down version of Photoshop, and contains all the
capabilities that you would need.
http://www.ulead.com Photo Impact. About as easy as it gets, and
inexpensive as well.
http://www.cerious.com/ Thumbs Plus. Create thumbnails with a click
of your mouse. This program is a must have for adult webmasters. It
will save you bandwidth to have your images thumb nailed, and save
your visitors the frustration of waiting for an image to load and then
finding out they don’t like the pic! Create galleries of pics for
submission to TGP’s with just a few key strokes. I use it, and so do
most webmasters. Well worth the price.
Online Text Generators
http://www.cooltext.com/
http://www.flamingtext.com/
Video Editing
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Novice: have a look at Sony Movie Studio
(http://www.sonymediasoftware.com) or any of the Ulead products
(www.ulead.com)
Professional: Adobe Premier (www.adobe.com) or Vegas Video Suite
(http://www.sonymediasoftware.com)
Other interesting software:
http://www.wavget.com/typeitin.html Create a different list for each of
your websites, when you have to fill out a form that wants your site
info, click the right button and the program types in the info for you!
http://www.searchenginewatch.com/ Search Engine news, how they
rank sites, and tips on getting a higher listing. This is a MUST have
bookmark if you are serious about promotion.
Sexual Toys
The worlds biggest manufacturer and wholesaler of every kind of sex
device and toy you could imagine:
http://www.docjohnson.com/
Multimedia Inc.
FTP
FTP stands for FILE TRANSFER PROTOCOL. This is how you get
your files from your computer to your server.
I really like Cute FTP. It is inexpensive, and quite easy to use. You
can download it from here: http://www.cuteftp.com/
Their tutorial is here: http://www.cuteftp.com/support/genusage6.asp
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However, I have put together some simplified instructions for you.
(Scroll down)
Multimedia Inc.
Connecting to Your Web Site
Start CuteFTP.
Click on File and scroll down to Site Manager.
177
Click New in FTP Site Manager window.
178
Complete these fields in the Site Settings window
Label for Site - A method of identifying the connection. It will appear in the
left most box of the connect window.
FTP Host Address - The domain name* , for example:
www.yourdomain.com.
User ID - Your administrator username.
Password - Your administrator password.
FTP Site connection port - leave as 21
Click the Connect button.
179
Multimedia Inc.
Uploading Files to Your Web Site/Downloading Files from Your Web
Site
Log in
The CuteFTP main window, which is used to transfer files to and from
your Web site will display.
The left frame is your site’s directory structure.
The right frame is your file list. This is the frame where you will drag
and drop the files from your local system.
Windows hosting customers would want to upload their files in the
root directory. This directory will actually be showing when you first
connect to your site (also shown in the picture above).
Unix hosting customers would want to upload their files in the html
180
directory.
Set the correct transfer mode at the top. All Web page files must be
uploaded in ASCII, while all programs must be uploaded in Binary.
Click and drag files and/or directories over the file list and release.
And that’s it! Simple, eh?
Web Host Companies
www.xxxwebhosting.com
http://swiftwill.com/
http://www.exmasters.com
http://www.imagecomp.com/adulthosting.html
http://www.adultwebinc.com/
http://www.hostxxx.net/
http://www.adulthost.com/index.php
http://www.adulthostingunlimited.com
http://www.adultxspace.com/
http://www.choopa.com/
http://powermedium.com/
http://www.cobaltweb.com/monsterplan.htm
http://envisionexthost.com/web_hosting_services.html
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Multimedia Inc.
Web host Review Sites
These are useful for garnering user reviews and experiences
regarding web hosts.
http://www.webhostingreviews.com/reviews.shtml
http://www.hostrated.com/
http://hostreview.com/reviews.html
http://www.hostchart.com/search_shared.asp
http://www.webhostingtalk.com/
Content Providers
These companies are useful if you plan on creating a website, but
purchasing your content. This is by no means a complete list of every
content provider out there. Again, regularly visit the adult
webmasters sites that I listed earlier (here are my personal top four,
in case you’re too lazy to scroll back and re-read the list:
www.gofuckyourself.com , http://www.theadultwebmaster.com,
www.avn.com, www.ynot.com )
http://www.aaron-matthews.com/content.html
http://www.absolutecontent.com/
http://www.adultwebgames.com/
http://www.adultcontentstore.com/
http://www.adultcontentzone.com
http://www.adultcontent.ca
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http://www.adultcontentseek.com/
http://www.adultlegal.com/
http://www.adultsexcontent.com/default.html
http://www.aduchrome.com/content/
http://www.adult-worx.com/pics/
http://www.aebn.net/ (lots of streaming videos)
http://agecontent.com/
http://allsexinone.com/
http://www.amateursets.com/main.html
http://www.amateurvideoz.com/
http://www.amateur-cutie-content.com/main_public.html
http://www.angelcontent.com
http://artphotoworks.com
http://www.britishglamourcontent.com/
http://www.butterballs.net/
http://www.cdbabes.com
http://www.cfcontent.net/
http://www.channel69content.com/
http://www.chickpixxx.com/
http://www.climaxpics.com/
http://www.clits-n-tits.com/
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http://www.cloud9content.com/
Multimedia Inc.
http://www.contentbroadband.com/main.html
http://content.magiclive.cz/
http://www.content2die4.com/
http://www.contentrus.com/
http://www.contentspotlight.com/
http://www.cool-content.com/
http://coolcd.natastudio.net/
http://www.coolpiranha-content.com/
http://www.cybereroticagallery.com/
http://www.cvproductions.com/index1.htm
http://www.dakoragencies.com/
http://www.davidlace.com (and also LaceContentWorld.Com for very
high end content)
http://www.doccontent.com/newmain.html
http://dde.on.ca/index.htm
http://www.domaingirls.com/
http://www.d-senterprises.com/
http://www.dvcontent.com/
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http://www.electrickiss.com/
http://www.eromodelcontent.com
http://www.eroticabyjoseph.com/
http://www.faithfuldesigns.com/
http://www.fantasycontent.com/
http://www.fetishbrokers.com/
http://www.fetishcinema.com
http://www.focusadult.com/
http://www.garill.com/
http://www.greatsexcontent.dk/
http://www.greg-gregory.com/
http://haremgroup.com/content/
http://www.harry-red.com/
http://www.honeyblake.com/
http://www.igallery.com/new/index.html
http://jokersx.com/
http://www.keisystems.com/movies/movieaccess.htm
http://www.latexerotica.com/fetishcontent/
http://www.leasecontent.com/
http://www.legalpictures.com/
http://www.legalporn.com/
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http://www.legalrussiancontent.com/
http://www.localadultservices.com/apc.html
http://midnightdigital.com/main.html
http://www.mzabel.com/
http://www.nyne.com/
http://www.oraldatabase.com/webmaster/
http://www.ounique.com/site/
http://www.paradisewebs.com/
http://www.passioncontent.com/
http://www.pics4clicks.com/
http://www.pixmasters.com/
http://www.pornication.com/
http://pornusa.com/
http://www.providerx.com
http://www.pythonvideo.com/
http://www.redtheater.net/
http://www.secretfantasy.com/
http://www.sex4cash.com/
http://www.sexcontents.com/
http://www.sexcontentprovider.com
http://www.sex-modeling.com
186
http://www.sextelligent.com/
http://www.sexualcandy.com/index.html
http://www.sizcotv.com/
http://www.sobegirl.com/
http://www.3xcontent.com
http://www.tandrprod.com/
http://www.tesbroadcasting.net/content.html
http://www.tripleforce.net/
http://www.twoblindmice.com/
http://www.underworldcontent.com/resources.html
http://www.web-legal.com/
http://www.xdigitals.com/
http://www.xxxcontentdirect.com/
http://xxx-office.net/
http://www.xphotography.com
http://www.xpixie.net/
http://www.xtremecontent.net/siteControl.php
http://www.zmaster.com/
Multimedia Inc.
187
Production Companies
Here is a list of some of the bigger production companies. You may
find this useful if you’re looking for work as a camera person, or
perhaps on camera yourself.
10% Productions
6165 Santa Monica Blvd. Hollywood, CA 90038
11 Eleven Productions
21115 Devonshire Street #123 Chatsworth, CA 91311
A Beautiful Hand Productions
2185 E Morris St Philadelphia, PA
A55
6317 Arabella Ave Lakewood, CA 90713
Asian Eyes Pictures
9634 Ventura Blvd. Suite 304 Tarzana, CA 91356
AceLay-X
P.O. 45, DK-2610 Rodovre
Adam & Eve
302 Meadowland Dr. Hillsborough, NC 27278
Alborda Video
59 Lake Drive, Hightstown, NJ 08520
Alex Clark Entertainment
372 Florin Road #233 Sacramento, CA 95831
All Blew Shirts
14141 Covello Street, Unit 8-C Van Nuys, CA 91405
All Great View
18034 Ventura Blvd. #485, Encino, CA 91316
188
All Male Studio
217 West 8-th Street, New York, NY
All Worlds Video
3487 Kurtz St. San Diego, CA 92110
Altomar Video
Video 10 Distributors 7065 Lexington Ave. West Hollywood, CA
90038
Amor
6853 Woodley Ave. Van Nuys CA 91406
Anabolic Video
534 Victoria Ave. Venice, CA 90291
Anarchy Films
20850 Dearborn St. Chatsworth CA 91311
Armageddon
6140 Leadwell Street, Van Nuys, Ca 91406
AVE Entertainment
310 Townsend St . #428 San Francisco, CA 94107
Awesome Prod.
8735 Remmet Ave. Canoga Park, Ca 91304
B&D Pleasures
3200 E. 59th St. Long Beach CA 90805
B-G Ent.
12917 Valleyheart Dr. #14 Studio City, CA 91604
Babylon
706 W. Monterey Rd. Corono, CA 92878
189
Bacchus
8717 GlenOaks Blvd. Unit B, Sun Valley CA 91352
Bang Bros. Production
444 Brickell Ave Suite 1001 Miami, FL 33131
Gentlemen Video
21638 Lassen st. Chatsworth, Ca 91311
Bi-Chance
”C” Street Corporation
217 West 80th Street New York, New York
Big Blue Productions
6030 Ventura Blvd. #300 Encino, CA 91436
Big Top
214 W. Grant Rd. Tuscan, AZ 85705
Birlynn Productions
350 W 30th St. Suite 6-C New York, N.Y. 10001
Bizzare Video
20-40 Jay St. Brooklyn, NY 11201
Black Cherry Films
1680 N. Vine St. Suite #308 Hollywood, CA 90028
Body Shoppe
3802 Rosecrans Suite 351 San Diego, CA 92110
Caballero
15041 Calvert St. Van Nuys, CA 91411
Can-Am
3550 Wilshire Blvd Ste 1100 Los Angeles, CA 90010
CandidCam
Entertainment Network, Inc. 412 E. Madison St. Tampa, FL 33602
190
CAV
1157 South Beverly Drive Los Angelas, CA 90035
Cazzio
Video 10- 7065 Lexington Ave West Hollywood, CA 90038
Celestial Productions
21634 Lassen, Chatsworth, CA 91311
Channel 1 Releasing
8704 Santa Monica Blvd. PH2 West Hollywood, CA 90069
Channel 69
9400 Lurline-Suite F1, Chatsworth, CA 91311
Christophe Clark Productions
Cinderella
8021 Remmet Ave. Canoga Park, CA 91304
Classic X
1786 N. Highland Ave. Hollywood 90028
Close Up Prod.
Close-Up Concepts, 900 Citrus, L.A. CA 90038
Club Jenna
15127 Califa St. Van Nuys, CA 91411
Club Reno Productions
7246 Variel Ave. Suite E Canoga Park, CA 91303
Coast To Coast
39 W. 19th st. N.Y, NY 10011
Colt Studio
191
5733 Lankershim Blvd. North Hollywood, CA 91601
Cover Boy Pictures
4012 S. Rainbow Blvd. K-596 Las Vegas NV 89103
Cream
11300 Hartland St. North Hollywood, CA 91605
Crystal Wave Pictures
Petrinska 5, 150,000 Prague 5 Czech Republic
Curly Productions
Dane Productions, Inc.
9547 Cozycroft Ave. Chatsworth CA 91311
Dave Cummings Productions
4130 La Jolla Village Drive #107-192 La Jolla, CA 92037
David Ent.
4132-A Del Rey Avenue, Marina Del Rey, CA 90292
Defiant Productions
321 Yonge St. Toronto, Canada M2J 4T2
Delta Productions
3333 Glendale Blvd. #3 L.A. CA 90039
Demontic Films
5840 S Semoran Blvd. Orlando, FL 32822
Devil’s Films
22425 Ventura Blvd., #110, Woodland Hills, CA 91364
DG Distributors, Inc.
1736 Erringer #104, Simi Valley CA 93065
Diabolic
192
534 Victoria Ave, Venice, CA 90291
Digital Dreams
20436 Corisco St., Chatsworth CA 91311
Digital G Entertainment
666 North Robertson Blvd, Suite 5 Los Angeles, CA 90069
Digital Lust
9800-D Topanga Canyon Blvd. Ste 256, Chatsworth, CA 91311
Digital Playground
8471 Canoga Ave, Canoga Park, CA 91304
Digital Sin
9025 Eton Ave. Unit C. Canoga Park, CA 91304
Dolphin International
372 Florin Rd. #233 Sacramento, CA 95831
Don Goo Interprises
8029 Masefield Court, West Hills, CA 91304
Dream Angels Pictures
6340 Coldwater Cyn. #209 Valley Glen, CA 91606
Dream Girls
808 West Waters Avenue, Tampa, FL 33604
Dreamland U.S.A.
9158 Eton Ave. Chatsworth, CA 91311
DVD Invasion
Gentlemen’s Video 21638 Lassen St. Chatsworth CA. 91311
DVSX
20881 Plummer Street Chatsworth, CA 91311
Ebony Eyes
193
Ebony Video Int.
1077 Market St. San Francisco, CA 94103
Edward James Production
11320 Chandler Blvd. #A North Hollywood CA 91602
Elegant Angel
9801 Variel St., Chatsworth, CA 91311
Elite
457 Coral Sea St. Henderson NV. 89074
Eros
Erotic Angel
9158 Eton Ave, Chatsworth, CA 91311
Erotic Film Girls
N. Albert 1272 Providence Rd. Suite 100 Secane, PA 19018
Erotica 2000
Eurotique Ent.
9510 Vassar Street, Chatsworth, CA 91311
Evasive Angles
22425 Ventura Blvd. #197 Woodland Hills CA 91367
Evil Angel
14141 Covello St., Unit 8C, Van Nuys, CA 94105
Explosive
Gentleman’s video 21638 Lassen St. Chatsworth, CA 91311
Extreme Associates
16140 LeadWell Street, Van Nuys, CA 91406
194
Falcon Studios
444 DeHaro Street, Suite 210; SanFranciso, California 94107
Fallen Angel
9424 Eton Ave. Unit F, Chatsworth, CA 91311
Fantadream Pictures Inc.
5460 Peck Rd. #J, Arcadia CA 91006-5871 USA
FD Productions Inc. 8975 Fulbright Ave, Chatsworth, CA 91311
Fatt Entertainment
9610 Desoto Ave. Chatsworth, CA 91311
Femme Productions
302 Meadowland Drive, Hillsborough NC 27278
FilmCo
9718 GlenOaks Blvd. Unit B, Sun Valley, CA 91352
Flash Point Productions
9960 Canogo Ave., Suite D-6 Chatsworth CA 91311
Flesh Entertainment
20436 Corisco St. Chatsworth CA 91311
FM Concepts
14141 Covello St. #9C, Van Nuys, CA 91405
Forbidden Films
10 East 33rd St. NYC, NY 10016
R. Ryder Entertainment
8735 Shirley Ave. Northridge, CA 91326
Cream of the Crop Video,
195
7831 Noble Ave; Van Nuys, CA 91605
Fuck Flixxx
18034 Ventura Blvd. #251 Encino CA 91316
Full Blown Pictures
Darin 500 Via Lugano Circle, Apt 104 Boyanton Beach FL 33436
Futureworks
J. Resnick 10 East 33rd Street, 7th Floor NYC, NY 10016
Gen XXX
92 Corporate Park C275 Irvine, CA 92606
Gentlemen
21638 Lassen St. Chatsworth, CA 91311
Girlfriends Films
16948 Escalon Drive Encino, CA 91436
GLE
GLE Entertainment 22968 Victory Blvd. Suite 215 Woodland Hills, CA
91367
GM Video
635 N. Twin Oaks Valley Rd. #15 San Marcos, CA 92069
GMI Video
Dark Star Productions 630 Ninth Ave. New York, NY 10035
Graphik Art
P.O. Box 460142v, San Francisco, CA 94146
Great Dane Productions
12244 Burbank Blvd Suite 203 N. Hollywood, CA 91607
Greenwood/Cooper
6165 Santa Monica Blvd Hollywood, CA 90038
Heartland Studios
196
2422 Ridgeview Ave Los Angeles, CA 90041
Heatwave
7750 Burnet Ave. Van Nuys, CA 91405
Historic Erotica
630 9th Ave. NY, NY 10036
Hollywood Adult Video
12420 Montague St. Unit D Arleta, CA, 91331
Horizon
Horizon DVD, 7750 Burnet Ave. Van Nuys, CA 91405
Horse Dick Video
17216 Saticory Street Suite 529 Van Nuys, CA 91406
Hot Desert Knights Productions
5000 Calle San Raphael Suite C5 Palm Springs, CA 92264
Hot House
640 Grove St., San Francisco, CA 94102
Huge Video
7842 Electra Dr Los Angeles, CA 90046
Hustler
8484 Wilshire Blvd., Suite 900 Beverly Hills, CA 90211
I-Candy
4230 Del Rey Ave. #202 Marina Del Rey, CA 90291
In Touch
13122 Saticoy St North Hollywood, CA 91605
In-X-Cess Production
9400 Lurline Ave. Unit F, Chatsworth,CA 91311
Inferno Film Productions
7750 Burnet Ave Van Nuys, CA 91405
197
Jake Steed Prod.
JAP Pictures
16154 Wyandotte Unit B Van Nuys, CA 91406
Jet Multimedia
2899 Agoura Rd Suite 379 Westlake Village CA 91361
Jet Set
5565 Auckland Ave. No. Hollywood, CA 91601
Jill Kelly Productions
9127 Thrasher Ave. Los Angeles, CA 90069
Jim Gunn Productions
2805 E. Oakland Park Blvd #445 Ft. Lauderdale, FL 33306
JM Productions
8955 Fullbright Ave, Chatsworth, CA 91311
John Fantasy Productions
Fantasy Enterprises, Inc. P.O. Box 681428, Orlando, FL 32868
Jules Jordan Video
Kick Ass
1220 S. Boyle Ave Los Angeles, CA 90023
Knob Ryder
Genesis Publishing 21040 Nordhoff Street Chatsworth, CA 91311
Kristen Bjorn Productions,
221 SW 22nd Ave. Suite 210 Miami, FL 33135
198
LBO
21601 Devonshire St. Suite 125 Chatsworth,CA 91311
Legend
8955 Fullbright Ave. Chatsworth, CA 91311
Leisure Time
7050 Valjean Ave. Van Nuys , CA 91406
Leoram
12423 Gladstone Ave. Lakeview Terrace, CA 91342
LGI Distributors
7722 Nathan Court Manassas, VA 20109
Limelight Productions
3600 S. Highland Dr. Suite 2 Las Vegas, NV 89103
Action Inc.,
2475 Chandler Ave. Suite 10, Las Vegas, NV 89120
London Ent.
15756 Arminta St Van Nuys, CA 91406
Lord Perious Prod.
9620 Sepulveda Blvd. North Hills, CA 91343
Lucas Entertainment
332 Bleecker K26 New york, NY 10014
Lucas Kazan Productions
23912 Alcalde Drive Suite K, Laguna Hills, CA 92653
Mac Daddy Entertainment, Inc.
10128 Empyrean Way 202 Los Angeles, CA 90061
Macho Man
9145 Owensmouth Ave. Chatsworth, CA 91311
199
Man’s Best
2554 Lincoln Blvd. #407 Marina Del Rey, CA 90291
Manhunter Video
1416 Kirkwood Rd. Baltimore, MD 21207
Marcostudio
23192 Alcalde Drive Suite K Laguna Hills, CA 92653
Marina Pacific
5565 Auckland Ave N Hollywood, CA 91601
Matt Sterling
8383 Wilshire Blvd., #360, Los Angelas, CA 90211
Maverick Ent.
291 S. LA Cienega Blvd Suit 107 Beverly Hills CA 90211
Mavrick
217 West 80th street, New York, NY
Mayhem
9155 Deering Ave Chatsworth, CA 91311
Men of Odyssey
2677 La Cinenega Blvd. L.A. CA 90034
Men’s Sexuality
S. Brastow 9135B Alabama Ave. Chatsworth, CA 91311
Metro
9315 Oso Ave. Chatsworth, CA 91311
Midnight
9158 Eton Ave Chatsworth, CA 91311
Mirage
Mirage Video Inc. Valencia, CA
200
Mojo Video
73 Spectrum Blvd Las Vegas, NV 69101
Mother Productions
1050 W. Katella Ave. Suite D Orange, CA 92867
Multimedia Pictures
9730 Variel Avenue Chatsworth, CA 91311
Mystic Productions
9530 Owensmouth Ave. #1 Chatsworth CA 91311
Nasty Pixx
13032 Ebell St. North Hollywood, CA 91605
New Era Entertainment,
818 North Spring St. Unit 101, Los Angele, CA 90012
New Machine
New Sensations
9025 Eton Ave. Unit C. Canoga Park, CA 91304
New Vision
Pure Play Media Inc.
19800 Nordhoff PI. Chatsworth, CA. 91311
Noose Video
9145 Owensmouth Ave., Chatsorth CA 91311
NuTech Digital
14141 Covello St. Unit E4D Van Nuys, CA 91405
Nymph
C.C 21040 Nordoff St. Chatsworth, CA 91311
201
Odyssey Group Video
2677 La Cienega Blvd., LA CA 90034
Oh Man!
1353 N. Martel Ave. #109, Los Angelas, CA 90046
Custom Boys,
260 Washington Blvd. New York, NY 10014
Oriental Dream Pictures
2130 Savtele Blvd #111 Los Angeles, CA 90025
Oxygen Pictures, Inc.
22935 Ventura Blvd. Suite 218 Woodland Hills, CA 91364
P.T. International
220 East K-4 Suite #1, Lancaster, CA. 93535, USA
Pacific Media
6165 Santa Monica Blvd. Hollywood, CA 90038
Pacific Sun Asian
15210 Keswick Steet Van Nuys CA 91405
Pacific Sun Entertainment
13340 Saticoy St. Bldg H, North Hollywood, CA 91605
Pagan Pictures
22242-8 Germain St. Chatsworth, CA 91311
Passion Pictures
6860 Canby Ave. Ste. 102 Reseda, CA 91335
Passion Productions
2020 Broadway 2nd Floor Santa Monica, CA 90404
Penthouse
General Media Entertainment, Inc. 11 Penn Plaza 12th Floor, New
202
York, NY 10001
Pink Bird Media
4490 B Coronado Ave San Diego, CA 92107 (D. Ashe)
Pixis
Platinum X Pictures
21018 Osborne St. #5 Canoga Park, CA 91303
Playboy
Playboy Entertainment group, Inc. 9242 Beverly Blvd, Beverly Hills,
CA 90210
Playtime Entertainment
10624 Bloomfield St. Toluca Lake, CA 91602
Plum Productions
Premiere Productions
42263 50th St. West #701 Quartz Hill, CA 93536
Priape Video
1000 Amhest Suite 101 Montreal, Quebec, Canada H2L 3K5
Meridian Ent., Inc.
310 Cedar Lane, Teaneck, NJ 0766
Priv. Performance
2855 Pinecreek Drive A405 Costa Mesa, CA 92626
Puppy Prod.
203
Puritan
Rad Video
1125 Fairfax Avenue. Los Angelas, CA 90046-0599
Raging Stallion
82 Mary St San Francisco, CA 94104
Rain Productions
8471 Canoga Ave Canoga Park, CA 91304
Randy West Productions
14141 Covello St., Unit 8C, Van Nuys, CA 94105
Raw DVD
Real to Reel
996 Redondo Avenue #111 Long Beach, CA 90804
Red Light District
9300 Oso St., Chatsworth, CA 91311
Regiment Productions
Renegade
7838 Noble Ave. Van Nuys, Ca 91405
RGP Media
5325 Commerce Avenue #1 Moorpark, CA 93021
Rising Sun
Robert Hill Entertainment
10428 Burbank Blvd. North Hollywood, CA 91601
Rocco Sifreddi Productions
204
Rosebud
59 Lake Drive, Highstown, NJ 08520
Sam Shaft Productions
1551 Westwood Blvd. CA 90024
Samurai Video
9610 De Sota Ave. Chatsworth, CA 91311
San Francisco Fetish Factory
P.O. Box 641645, SF CA 94164-1645
Ducati Productions
22121 Clarendon St. Suite 95 Woodland Hills, CA 91365
Score
1629 N.W. 84 Ave., Miami FL 33126
Secret DVD
NG Video 9400 Lurline Suite F1 Chatsworth CA 91311
Seduction
11133 Vanowen St. St. F North Hollywood CA 91605
Sensational Videos
407 Lincoln Rd. #10R Miami Beach FL 33139
Sensorium
225 E. 9th Street Los Angeles, CA 90015
Sensual Image
PO Box 281557 San Francisco, CA 94128-1557
Seymore Butts
9477 DeSoto, Chatsworth, CA 91311 (Adam Glasser)
205
Shane’s World
New Sensations 21345 Lassen St. Suite 150 Chatsworth, CA 91311
Shooting Star
2717 South El Camino Real San Clement CA 92672
Sin City
9155 Deering Ave. Chatsworth, CA 91311
Sineplex Entertainment
6901 Hayvenhurst Ave. Van Nuys CA 91406
SinTec Media Labs
7108 Katella Ave. #438 Stanton CA 90680
Sinthetic
Smash Pictures
9619 Canoga Ave., Chatsworth, CA. 91311
SMP
8101 Orion Ave Unit 16 Van Nuys CA 91406
Snatch Productions
9610 DeSoto Ave. Chatsworth, CA 91311
Soft Touch
Woodhaven Ent. Intermedia Video Products Chatsworth, CA 91311
South American Pictures
6649 Odessa Ave Van Nuys, CA 91406
Sports & Recreation
Sports & Recreation Video 1051-A N. Cole Ave Hollywood, CA 90038
Stable Entertainment
10315 Woodley Ave. Suite 110 Granada Hills, CA 91344-6900
206
Sticky Floor Cinema
4820 N. Rancho Dr. Suite B Las Vegas, NV 89130
Sticky Video
942 Calle Amanecer Suite E San Clemente CA 92763
Stinguestar Productions
3780 N. Wike Rd. Rolling Meadows Illinios 60008
Street Corner Studios
7065 Lexington Ave West Hollywood, CA 90038
Strokebrook Video
Dark Star Productions 630 Ninth Ave. New York NY 10036
Studio 2000
1230 North Sweetzer Ave. #207 West Hollywood, CA 90069
Studio 2000 International
1230 North Sweetzer Ave #207 West Hollywood, CA 9069
Studio-A
1625 Stanford St. Santa Monica, CA 90404
Sunshine Films Inc.
7722 Densmore Ave. Van Nuys, CA 91406
Taboo Entertainment
7131 Owensmouth Ave. #104B, Canoga Park, CA 91303
TCKS Entertainment
11856 Rochester Ave. #4 Los Angelas, CA 90025
Thai Twink Productions
219 N. Marguerita Ave., Suite E, Alhambra, CA 91801
Third World Media
207
Thor Productions
23192 Alcalde Drive, Suite K Laguna Hills, CA 92653
Tip Top
5460 N. Peck Rd. #J, Arcadia, CA 91006
Titan Media
121 Capp Street Suite 200 San Francisco, CA 94110
Totally Tasteless
12229 Montague Street, Arleta, CA 91331
Totally Tight
12229 Montague Street, Arleta, CA 91331
Tribal Pulse
566 S. San Vicente Blved. Suite 103 Los Angelas, CA 90048
Triumvirate Productions
2825 Lakeview Drive Casselberry, FL 32730
Tropical Tease
2140 Ewing Street Los Angeles, CA 90039
Tropical Tease Productions
2140 Ewing Street Los Angeles, CA 90039
Twane Inc.
1800 E Sahara Ave. Suite 107 Las Vegas, Nevada 89104
Twisted Transmissions
1415 Delk Dr. High Point NC 27260
Typoon Pictures Inc.
2717 South El Camino Real San Clemente CA 92672
Ultimate
302 Meadowland Dr. Hillsborough NC 27228
208
Underground Entertainment
21521 Rathernave St. Canoga Park, CA 91304
Unlimited Prod.
8735 Remmet Ave. Canoga Park, Ca 91304
US Male
In-X-cess Productions Inc. 9400 Lurline Ave. Unit F, Chatsworth, CA
91311
VCA
VCA labs, Inc. 9650 De Soto Ave. Chatsworth, Ca 91311
VCX
VCX 13422 Wyandotte St. North Hollywood, CA 91605
Venus Video
Legend Video 8955 Fullbright Ave. Chatsworth CA 91311
Vidco
Video Team
Video Team 1115 Vanowen St. North Hollywood, CA, 91605
Video X Pix
VXP 430 W. 54 Street NY, NY 10019
Vivid
Vivid Man
Volcanic Ent.
9801 Variel St. Chatsworth, CA 91311
VXI
Nitro Productions, LLC., 21612 Marilla St., Chatsworth, CA 91311
209
Wave DVD
15127 Califa St. VAn Nuys, CA 91411
West Coast
8040 Remmet Unit 11, Canoga Park, CA 91304
Wicked Pictures
9040 Eton Avenue Canoga Park, CA 91304
Wild Blue Video
217 West 80th street, New York, NY
Wild Life
8501 Canoga Ave, Unit B, Canoga Park, CA 91304
Wildcat Productions
23192 Alcalde Dr, Suite K Laguna Hills, CA 92653
X Level Video
PO Box 18862 Baltimore, Maryland 21206
Xplor Media
7721 Convoy Ct, San Diego, CA 92111
Xposed Entertainment
DVD Concepts, Inc. 17216 Saticoy St. Suite 529 Van Nuys CA 91406
YMAC
2554 Lincoln Blvd. #407 Los Angeles, CA 90291
Z Productions
5460 N. Peck Rd. #J, Arcadia, CA 91006
Zane
21526 Osborne St, Canoga Park, CA 91304
Zero Tolerance Ent.
8944 Mason Ave. Chastworth CA 91311
ZFX Productions
210
ZFX Productions 1225 Bennett Rd. #154 Longwood, FL 32750
Zoom Studios
8735 Remmet Ave., Canoga Park, CA 91304
Multimedia Inc.
Selecting Adult Movies for Your Online Retail Store: The Other
Guys
by Connor Young
There are so many adult movie companies that it’s hard to know
which DVDs and videos one should add to an online retail store. But
I do have some favorite distributors that I would like to share with
you; generally I’ve found that these guys mean solid profits and
mostly receive a warm reception with consumers.
Your safe bets are with the Vivid’s, VCA’s, Hustler’s, and Wicked’s of
the adult world. But there are huge profits in lesser known companies
as well, and you should not fail to check them out too; occasionally
their product quality is quite high, and some of their films are popular
sellers in adult stores.
The most surprising is Don Goo Enterprises’ new series that is
getting a lot of exposure and generating solid reviews. The Maximum
Grind series has become an in-demand hot seller, and you can check
it out at www.maximumgrind.com, www.dongoo.com, or contact sales
manager William Millard at 818.709.9751. This company is run by
veteran adult industry professional Jeff Krull, and has become an
overnight success. He is putting out top-of-the-line films at the
absolute best pricing on the market. The quality and content are fresh
and pure.
Interactive DVDs are hot sellers and I don’t think anyone can argue
with the fact that Digital Playground is putting out the best right now.
Consumers like the involvement; it’s no longer a one-sided view of
porn, they actually feel involved with the action. If you have not
211
checked out any of their stuff lately then go to
www.digitalplayground.com or contact their sales office at
818.376.8488. Let’s not forget they hold some of the top adult stars in
their stable.
Once considered the underdog that could, Red Light District is now
the top dog that did. It offers content to appeal to all tastes, and its
movies are so well done that you would think the company is
operating with a mainstream motion picture budget. They have the
hottest in adult directors, including my favorite Michael Stefano (I
would buy anything to look at that hunk, and his directing skills aren’t
bad either), Vince Voyeur, Erik Everhard, and David Luger. And that’s
just to name a few of them. They offer a wonderful variety of series
and have an ability to keep even “been there done that” content
looking fresh as an un-popped virgin. I can’t recommend carrying
their line highly enough, especially if you want huge profits. Visit
www.rldv.com or call 800.288.1077 for more information.
Now, how about movies geared towards your female consumers?
Inpulse Pictures has a line of movies that are aimed at titillating and
tantalizing even the most conservative women. They star that
awesome man Julian, and follow erotic themes that turn women on.
Women are visual in a different sense than men when it comes to
erotica, and it’s important to fill that demand. Visit
www.skyworlddirect.com or contact the company’s sales office at
310.842.4898 for more information.
I hope this helps all of you with picking a selection of films to fit all
tastes; the important thing is profits and fresh quality content, which I
think all of you will see these companies do offer. Good luck, and
may all your sales be big ones.
Multimedia Inc.
Here are some very good articles that I found some time ago on
the internet. I have no idea who wrote them, so if you find out
please let me know so I can give them the credit due.
212
There’s a formula for building the
Live Cams Aren’t Just
standard adult pay site. In fact, it’s rare For Up-Sells Anymore
for a webmaster to step too far away
from this formula. First, you pick a
niche. Next, you build a tour focused on that niche. Then you put up a
few prominently-featured image galleries or video clip collections
based on the selected niche theme, and you fill out the rest of the site
with plug-in content from third parties. This filler content may or may
not relate to your selected niche. That doesn’t really matter because
it’s just filler. The niche galleries fulfill any promises made in the tour,
and the filler content helps retain members by drowning them in
quantity – even if it’s off topic. When it comes to up-sells, that’s what
live video is for; members who want a little one-on-one time can
wander over to your live video plug-in content and purchase some
attention. It’s a nice bonus when it happens, but you don’t expect it to
happen too often.
It has always puzzled me that live content so often gets treated like
“just another add-on package” when, in fact, it should occupy a much
more prominent role with the average adult pay site. Your websites
should never fail to leverage the unique qualities of the internet.
We all know that the internet provides buyers of adult entertainment
with a private, reduced-shame avenue for purchasing porn. Think of
all the porn sales that were lost before the internet, not out of a lack
of desire, but out of a lack of will to feed that desire at the expense of
public humiliation. For many people, porn is a private matter, possibly
shared with a partner or a friend, but usually it’s a solo experience.
The privacy protection offered by the internet is one of its biggest
assets. All websites benefit from this truth by default.
You also have the “immediacy” of internet porn purchases.
Seriously… why take that trip down to the local video store when you
can score your porn online – and likely at a fraction of the cost? Sex
is one of those impulsive things. Wait too long to deliver your product
and other thoughts might take root in a buyer’s mind and spoil a
potential sale. Porn would sell like crazy if it were allowed in the
“impulse item shelves” at the supermarket checkout aisle. Almost all
adult websites offer instant gratification for buyers.
But there’s another advantage that the internet brings us, which I
have not yet discussed. Interactivity. The only thing better than a
213
picture of a naked hottie is a video of a naked hottie. The only thing
better than a video of a naked hottie is live video of a naked hottie.
The only thing better than live video of a naked hottie is interactive
live video of a naked hottie. The traditional video porn format –
meaning porno movies – was left out when we moved to the realm of
“live.” It’s a shame that more websites don’t find creative ways to
utilize this quite significant advantage they have over plain old video
store porn.
That doesn’t mean solutions aren’t available. In fact, a lot of pay sites
already offer the solution that I’m talking about – they just don’t
feature it properly. Live and interactive video plug-in packages don’t
have to be all about the up-sell. The content that these programs
provide is frankly too good to be pushed to the back of a members
area, buried in with those “ten thousand porno clip” plug-ins that
aren’t impressing anyone anymore – and probably aren’t helping your
retention rates as much as you’d like. If you carry live video feeds
then it’s time to bring them front and center. If you don’t carry live
video feeds, it might be time to add live content to your pay site.
Unless you’re running a heavily-themed reality site that is constantly
updated, your pay site probably could use the hook. Live content that
provides users with the opportunity to interact with models is highly
addictive to some of the biggest spending porn fans on the internet,
but maybe not for the exact reason you’re thinking.
I recently spoke with Dan from CamZ.com; his company has been
providing live interactive cam content to adult webmasters for several
years. I asked him if live cams helped pay site retention rates
because of members getting hooked on certain performers; he said
the hook was more in the general interactivity and live nature of the
content over the draw of any specific performers.
So then the problem with live video content isn’t the quality or
desirability of the content itself, but rather the manner in which it is so
often presented to users of an adult pay site – as just one of many
content packages that are available to that user. Yet live content is so
compelling that one could conceivably create an entire pay site based
around live video feeds first and foremost – any additional content
then is “filler” and would be delivered in a manner where it does not
interfere with the prominence of the live feeds. How many live feeds
are necessary to build a pay site around this content? Clearly you
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would need to give your site’s members something live to watch all
throughout the day and night.
“With a combination of AmateurCamZ and HouseCamZ, we can give
the members something live to look at 24 hours a day,” said Dan.
“With AmateurCamZ and the addition of the new niche-specific
country sites we have just started to add, we cover the majority of the
hours in a given day with at least one show. There are times of the
day when there are as many as four shows on at the same time.
Selection is a plus, but having something live to see is the main
thing.”
Those webmasters who do make some money with live video upsells might be concerned about cannibalizing sales by offering free
live video to their members. Yet the question remains: Do surfers buy
up-sell live video time because it’s live, or because they want one-onone attention from a model? If it’s the latter then offering live video
isn’t going to interfere with up-sells since surfers will still have to
purchase “private” time if they want the model’s attention on an
exclusive basis. In fact, throwing a bunch of surfers together in a
room could certainly serve to enhance any sense of competition they
might feel between each other – and those surfers who are willing to
pay for the attention will come out on top. So many roosters, so few
hens.
“We have proven time and time again that having live content does
not hurt the up-sells to pay per-minute [content],” said Dan. “In fact,
the data supports the claim that we help encourage new customers to
the up-sells by converting the ‘I would never pay for that’ crowd to
paying for it. When they get a taste of these gals in their hardcore
shows with 500 to 1000 other people watching and chatting, they very
often want to get some additional attention with these gals, and [they]
get to a point where they are willing to pay for it. We do have a
PrivateCamZ system that CamZ has been feeding since we started.
The conversion rates off the traffic from the [CamZ] content are proof
enough that the [PrivateCamZ] sales are not hurt from the [CamZ]
content.”
If a webmaster were to build a pay site around live cams then it would
be imperative that the site were constantly updated in a manner that
promotes the live nature of the feeds. The main page of the
member’s area might prominently feature a picture and bios of any
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models who are currently performing, and below that might be a
“teaser picture” of a performer who will be starting his or her show
next. You want your surfers to understand that your site offers a live
and interactive experience with models – at no extra fee beyond the
standard membership rates.
If you do decide to focus on live video, make sure to provide an
ample test period; you need to allow enough time for surfers to
discover your content and get hooked. Good live video content
should show consistent numbers over a long period of time – you
want to see a steady increase in retention and sales. Your first
responsibility is to grow and maintain your pay site’s membership
base; any up-sells you manage to generate are a nice bonus.
So if you haven’t thought about live video before – or if your pay site’s
live feeds are presented as just another content package – it’s time
for a change. The internet is an interactive medium; take advantage
of it, because your competition certainly has done just that.
Multimedia Inc.
A MUST read:
21 Practical Tips for Beginning Adult Webmasters
By: Lawrence G. Walters
Weston, Garrou & DeWitt
www.FirstAmendment.com
Educate Yourself. Too many beginning webmasters attempt to get
into this industry without familiarizing themselves with the
complicated regulatory scheme applicable to adult Website
operations. Numerous resources exist to assist you in determining
whether this is the right business for your personality and risk
tolerance level. Resource sites, industry trade publications, legal
resources and court opinions should all be consulted before the first
dime is spent on purchasing content or marketing.
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Develop a Business Plan. Many beginning webmasters have
approached our firm for representation with nothing more than a good
idea and a few bucks in their pocket. They start building their Website
before performing any sort of commonplace market conditions
evaluation or financial analysis. Pretty models or a unique web design
are not enough to succeed in the adult Website business, at its
current maturation level. Business plan forms can be found on the
Internet. Entrepreneurs who have succeeded in the brick and mortar
world can be the source of invaluable advice when it comes to the
practical realties of operating an online business. Write your business
plan and have it evaluated by your accountant, financial planner or
attorney.
Raise Sufficient Capital. Gone are the days when a booming adult
Website business could be created for under a thousand dollars.
Given the “stiff” competition out there today, a significant budget is
required for items such as:
Marketing and promotion
Legal evaluation
Accounting services
Computer
Employee salaries
Licenses, taxes and permit fees
Skimping on any of these items can sound a death knell for any
startup adult webmaster.
Identify a Niche. The beautiful buxom blond porn star niche has
been overdone, and may not provide the best return on investment.
However, the interest in human sexuality is as varied as human
beings themselves. Countless unique niches have yet to be
discovered or exploited. Smaller webmasters can compete in a
marketplace dominated by larger companies through niche
marketing. Warning: Some niches can result in higher legal liability.
Form a Corporation. Even as the adult Website industry becomes
more sophisticated, too many Webmasters are operating as sole
proprietors without the benefits and protections of a corporate entity.
Properly created and maintained, a corporation can provide a shield
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against liability for various debts, and is basically considered cheap
insurance. In addition, a corporation allows a business to more easily
take on investors and sell assets, should the need arise in the future.
Finally, creating a corporation provides one with the air of
professionalism that any startup Webmaster needs to assist in
establishing his or her business reputation.
Network. What this author has found in representing adult
webmasters since the industry started in around 1995 is that those
who are successful are those who form relationships, trade traffic,
and who simply network. Attending trade shows such as Internext is a
great place to start. Many regional events also occur throughout the
country and North America all year long. Bar meets, parties, online
chat sessions and many other forms of networking activities are
available to the beginning Webmaster who seeks them out.
Networking can pay dividends!
Create a Set of Valid Terms & Conditions. As a Website owner,
you can require that all users of the site agree to a set of restrictions
and conditions in order to access and use the site. A third party billing
company’s Terms & Conditions are no substitute for your own! A
comprehensive set of T&Cs can save you in the event of a legal
dispute with one of your customers.
Keep Minors Away from Adult Materials. The government loves to
use this argument, so take it away from them. Either keep your free
areas censored, or implement good faith efforts to keep minors out
away from free material. There are various different ways to do this:
We provide our clients access to a particular computer script and
copyrighted age declarations to keep minors out, but you must try to
do something to keep children away from adult content. Keep in
mind, virtually every state has a law prohibiting anyone from making
adult materials available to minors.
Strictly Comply with the Mandates of Section 2257. Title 18,
U.S.C. §2257 imposes stringent requirements for (1) creating content,
(2) maintaining records; and, (3) displaying content. Don’t try to guess
which images require 2257 certification. Assume they all do. An
attorney’s advice is critical at this juncture.
Copyright your Material. Maximum benefits are obtained under
United States copyright law by filing an application for Copyright
Registration with the United States Copyright Office within three (3)
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months of first publication of the images. Failure to register on time
may render it economically impractical to pursue a copyright
infringement case against others stealing your images. The Website,
itself, can also be copyrighted. Make sure to include © information on
each of your Web pages.
Only Use Licensed Content. Do not steal images from other
Websites or newsgroups. If you did not create it, or buy it, it belongs
to someone else. Common notions of what is in the “public domain”
are generally wrong.
Pay Your Taxes, Keep Your Employees Happy and Over-comply
with Government Regulations. Adult businesses are under a
microscope. If the government is looking for a way to get you, it might
find a way through technical non-compliance with a host of
regulations or laws. As an adult webmaster, you cannot get away with
what other businesses get away with. You will be held to a higher
standard. Often clients come to the attention of law enforcement
through complaints by ex-employees, customers or models who feel
cheated. Maintain a high degree of personal integrity and business
ethics. This may avoid substantial problems in the future.
Create a Brand Name. Picking a name that is capable of registration
as a trademark or service mark is important to the success of your
business. Creating an online identity through a recognizable brand
name is half the battle to long term success. Names like
“hotblondbabes.com” are generally considered too descriptive for
trademark registration. However, arbitrary, made-up names like
“Yahoo!” or “Exxon” or “Polaroid,” which mean nothing in the English
language, have the best chance of being registered as a trademark or
service mark. Performing a trademark search prior to selecting your
online brand name is also a good idea. Some legal advice on this
issue early on can pay dividends into the future.
Watch Your Links. Precedent has been established imposing
vicarious liability on Webmasters for content contained on sites to
which they link. Are you comfortable with the content found on all
sites linked to your pages? This is especially important if you are in
any sort of financial relationship, or obtain any sort of benefit for
reciprocal linking.
Take a Stand against Child Pornography. The enemies of the adult
industry always attempt to mix concepts of protected adult materials
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with illegal child pornography. We, as an industry, must at every turn
attempt to reestablish that all important line of demarcation. Take an
outspoken stand against any involvement by children with adult
materials, either as participants or as audience. Link to organizations
such as www.ASACP.org (Adult Sites Against Child Pornography).
Become Politically Active. Join the industry’s trade organization
such as the Free Speech Coalition, found at
www.FreeSpeechCoalition.com, and the Internet Freedom
Association, Inc. found at www.i-freedom.org. These organizations
are looking out for the future of the industry, and are fighting for your
rights on various fronts. The Internet Freedom Association is in the
formative stages, and can use help in building a strong webmaster
trade association looking out for the unique interests of the adult
Internet industry. The Free Speech Coalition has litigated a number of
important cases for the adult industry, and has been running for Free
Speech rights for decade. The positions that these organizations take
will affect the future of your industry. Get involved. Become a
member, become a director, contribute and be active in your industry.
It’s not a bad way to meet people in the industry either.
Become an Expert on Obscenity Laws. Every adult webmaster
should be able to recite the Miller test for obscenity from memory.
Obviously you will need to obtain some advice from a competent First
Amendment attorney to understand the intricacies of this law, and
how it has been interpreted throughout the years by the courts.
However, every adult webmaster should know the basics, along with
some of the potential defenses. Obscenity prosecutions are coming,
and the first wave has already begun. Two cases were filed by the
Department of Justice in the last 6 months, based on Website
content, and one individual has already been sentenced on a federal
felony for mailing obscene materials available on her Website.
Conventional wisdom dictates that this is just the very beginning of
what will likely happen given Attorney General John Ashcroft’s stated
intent to initiate obscenity prosecutions on a wide-scale against
Internet content. You should learn the tricks of the trade when it
comes to identifying potentially obscene material, and reducing your
risks for being targeted by the government. Adult Webmasters should
learn to develop a “smell test” to determine what might be considered
obscene, based on prevailing community standards.
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Secure Evidence of Your Community’s Standards. Does your
local community allow the sale of hard core adult materials? Is there
an adult bookstore or video store in your neighborhood? If you are
charged six months from now for content you are selling today, how
will you be able to prove what the community standards were when
you were selling the material? Some courts allow introduction of
“comparable” materials in the defense of an obscenity prosecution. It
may benefit you to have somebody, who would make a good witness
in court, go to the adult bookstores in your area and purchase the
hardest adult material he or she can find, and put it in a sealed bag
stapled with the receipt. That bag may come in handy some day.
Mind Your Promotional Activities. Many adult webmasters are
extremely careful when it comes to the content, but throw caution to
the wind when it comes to marketing activities. Are your affiliates
spamming the newsgroups, or sending out unsolicited emails? At
least sixteen states have laws regulating the dissemination of
unsolicited email (SPAM). Make sure your marketing activities do not
cause more trouble than they’re worth.
Translate your site. Don’t ignore the substantial foreign
markets that are ready and willing to pay money for your
content, if they could only read your text! Various online
and human translation services are available to translate
the text of your site into virtually any language. Identify
those markets which will provide adult Webmasters with the
best conversion rates, and translate your sites into those
languages.
Ask for, and Listen to, Advice from Experienced
Professionals. The adult Internet industry is one of the
friendliest industries in existence. Experienced industry
players are happy to take newbies under their wing as a
mentor. Often newbies are either afraid to ask for advice, or
believe that they don’t need it. Much can be learned from
industry veterans who are often more than willing to share
their experience learned from many mistakes.
CONCLUSION
Taking some of these tips to heart will drastically reduce
your learning curve and allow you to benefit from what
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would otherwise be years of experience. Go forth, and
prosper!
Lawrence G. Walters, Esquire is a partner with the law firm
of Weston, Garrou & DeWitt, with offices in Orlando, Los
Angeles and San Diego. Mr. Walters represents clients
involved in all aspects of adult media. The firm handles
First Amendment cases nationwide, and has been involved
in significant Free Speech litigation before the United
States Supreme Court. All statements made in the above
article are matters of opinion only, and should not be
considered legal advice. Please consult your own attorney
on specific legal matters. You can reach Lawrence Walters
at
[email protected] or
www.FirstAmendment.com.
AVOIDING LEGAL TRAPS FOR AMATEUR WEBMASTERS
Online amateur erotica has blossomed at an astounding rate in
recent times. Many individuals with little or no experience in the adult
entertainment industry are choosing to express their sexuality online
for fun and profit. While amateur Websites can offer an interesting
diversion for individuals and couples, and can generate significant
profits, any involvement in the adult entertainment industry comes
with some legal risk. This article will identify several common
misconceptions and legal traps lying in wait for the unsuspecting,
novice Webmaster.
It goes without saying that neither this, nor any other legal article is
a substitute for competent legal advice by an attorney with adult
entertainment experience.
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Myth #1
My content is legal so long as it goes no further than nudity or
heterosexual contact.
The way the obscenity laws are written, even nudity or heterosexual
content can be declared obscene. The legality of your content is
dependant on local community standards, which, in turn, are a
function of which jurors happen to be selected for your trial.
Obscenity is the only offense where you do not know if you are guilty
until the jury renders its verdict. This author has defended such
classic adult titles such as Deep Throat and Behind the Green Door
against obscenity charges. The highly publicized obscenity case
against Tammy Robinson, a.k.a. Becka Lynn (www.beckalynn.com)
involved primarily nude images, with some “simulated” fellatio. While
generally the government prosecutes more extreme, bizarre or fetish
images for obscenity, most states allow for prosecution of works
involving “lewd display of the genitals.” This could potentially
encompass most amateur erotica available on the Web. The
government must prove other elements before the jury can convict on
obscenity charges, such as the fact that the work is patently
offensive, appeals to prurient interest and has no literary, scientific,
artistic or political value. However, it is not safe to assume that your
content is immune from prosecution merely because it involves
“simple” nudity or heterosexual content. Simply stated: There is no
“safe harbor.” While very few obscenity prosecutions have been
initiated against online content, all erotica is at risk for such charges.
An attorney with a trained eye and years of obscenity law experience
should review your content to help identify and reduce your legal risks
in this area.
Myth #2
Newsgroup images are in the public domain
Years ago, an urban legend began circulating around the Internet,
leading Webmasters to believe that images could legally be obtained
from newsgroups, without permission of the copyright holder, and
posted on TGPs or other pay sites. Nothing could be further from the
truth. The tried and true legal principle in this area is: “If you don’t
own it, you can’t sell it.” This author has represented numerous small
Webmasters against six figure damages claims by content providers
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who identified copyrighted images on their Websites. Occasionally,
these clients paid for licenses to the images from disreputable
content distributors, only to find out later that the distributor did not
have a proper license from the content producer, and therefore were
liable for intellectual property infringement. This is serious business,
and can bankrupt a small Webmaster, particularly given the legal fees
associated with defending such a claim. The lesson here is that you
should either produce your own content, or purchase content from a
reputable content producer.
Myth #3
Amateur Website businesses are too small for incorporation.
Another common misconception amongst the amateur Webmaster
community is that amateurs need not bother with incorporation of
their business, since their operation is too small. A corporation can
provide valuable protection from liability regardless of the size of your
operation. For example, when a corporation incurs debt, the
individual shareholders and officers are not personally responsible for
this debt. Also, if a corporation is sued for some sort of negligent
conduct, only the corporation has to pay any judgment rendered in
the case. Often, if debts or judgments exceed the net worth of the
corporation, the corporate entity can file bankruptcy to extinguish
those obligations without affecting the credit history of the individual
officers and shareholders. All of that is also true for limited liability
companies.
Setting up a corporation or limited liability company is not terribly
complicated, and minimal effort is required to keep either active. It is
important to treat your corporation as a separate legal entity from
yourself. This means that you must establish a separate bank
account for the corporation, and avoid paying personal expenses with
corporate funds. No Website is too small to consider incorporation.
You should consult a CPA and an attorney about this as if you are
running a real business.
Myth #4
The Records Keeping and Labeling Law only applies to big
corporate adult Websites
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Section 2257, of Title 18 to the United States Code, is a law which
applies to the commercial dissemination of sexually explicit images,
regardless of the size of the producer or distributor. Much has been
written about compliance with Section 2257, and a detailed
explanation is beyond the scope of this article. However, it is
important for the amateur Webmaster to understand that the records
compilation and disclosure requirements imposed by Section 2257
apply equally to the single model amateur site as they do to large
corporate adult entertainment companies. Even if this federal law did
not apply to your operation, it is important to comply with the records
keeping obligations to ensure that; 1) all models appearing on the site
are over the age of 18, and 2) you can prove this later if some law
enforcement agency challenges this fact in the future.
Myth #5
I do not have to worry about the content on my links; everyone
is responsible for their own content
Linking is a common practice in the amateur industry. Linking can
be a good source of revenue sharing and cross marketing. However,
promoting another company’s, or individual’s Website through linking
or banner exchange programs can result in additional potential
liability. There is legal precedent for applying the criminal conspiracy
laws to the practice of linking to illegal Website content. The most
highly publicized of these cases is the federal “Landslide” prosecution
against Mr. and Mrs. Reedy in Texas, for linking to child pornography.
While the facts of that case were somewhat extreme, and knowledge
of the content of the linked sites could readily be presumed by the
advertisements found on the Reedy’s Website, it is always important
to know whom you are linking to, and what kind of content is involved.
This is particularly true in regards to the specific page to which your
site is linked. In the Brick and Mortar world, you would not form a
partnership with someone you did not know, or whose business
practices were shady. The same principles apply in cyberspace. Just
because a Website can deliver traffic does not mean it is always a
good business opportunity. In particular, it is important to carefully
investigate any sort of teen content, youth sites, rape fantasy content,
or gambling affiliates.
Myth #6
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Amateurs don’t need attorneys
Many amateur Webmasters proceed without legal counsel. This
can be a costly mistake. A single legal error can cost hundreds of
thousands of dollars in attorneys fees should you find yourself
involved in a lawsuit. Some legal errors can also lead to criminal
liability. The profits available in the adult entertainment industry only
exist because of the legal risks involved. If there were no legal risk,
large public companies would get into the act. The adult video
industry has recognized this for decades, and those companies often
budget a significant percentage of their profits for legal expenses.
The same is true with the adult cabaret industry. For whatever
reason, the adult Internet industry has not yet globally accepted the
necessity, and value of competent legal services from the very
beginning. It may take some sweeping law enforcement actions
against adult Webmasters, or simply a change in the corporate
culture, before the majority of adult Webmasters retain legal counsel.
However, you need not make the same mistake as many in the
industry have, and obtain your legal information from your brother’s
uncle’s roommate’s cousin who once hired an attorney. The same
holds true for your CPA, insurance broker and other professionals.
Conclusion
There is no end in sight for the exploding amateur industry. Educating
yourself regarding the legal issues applicable to your business is part
of the due diligence associated with entering this field of endeavor.
With the right information, you can enjoy your work and avoid
unnecessary legal risks.
Lawrence G. Walters, Esquire is a partner with the law firm of
Weston, Garrou & DeWitt, based in Los Angeles. Mr. Walters runs
the firm’s Florida office, and represents clients involved in all aspects
of adult media. Weston, Garrou & DeWitt handles First Amendment
cases nationwide, and has been involved in significant Free Speech
litigation before the United States Supreme Court. All statements
made in the above article are matters of opinion only, and should not
be considered legal advice. Please consult your own attorney on
specific legal questions. You can reach Lawrence Walters at
[email protected] or www.FirstAmendment.com
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Lawrence G. Walters 407.788.7337
[email protected]
RECORDS KEEPING COMPLIANCE CHECKLIST FOR
EUROPEAN CONTENT PRODUCERS
More and more European Content Producers are choosing to do
business with American. webmasters. While citizens of foreign
countries cannot be compelled to comply with United States’
restrictions on the creation of adult material, business realities are
forcing foreign content producers to consider voluntary compliance.
American webmasters, painfully cognizant of the increasing need to
focus on legal compliance, consistently reject foreign content that is
not produced in compliance with 18 U.S.C. §2257. Non-compliant
content not only increases the risk that an underage model could slip
through, but failure to strictly comply is itself a federal felony,
exposing those involved to a 2-year prison term. Given the
substantial compliance motivations involved, foreign content
producers are expected to adopt the U.S. requirements as the global
standard for creation of sexually explicit imagery. The following
constitutes a bare minimum checklist for compliance with the
requirements of Section 2257:
1) Assume that all erotic images require Section 2257 compliance:
While the law only applies to actual “sexually explicit activity,” it is illadvised for the content producer or the webmaster to attempt to
guess which images require compliance, and which can be safely
distributed without compliance. Since child pornography does not
require the depiction of sexual activity to meet the federal definition,
such distinctions can be risky business. And, in any event, a release
given by a minor normally is not enforceable.
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2) Obtain a signed compliance form created by a competent attorney:
Section 2257 requires that certain records be created containing
certain information. The right form is the best place to start.
3) Obtain, at a minimum, the following information from each model:
a. Date of Birth
b. Legal Name
c. All other names, aliases, nick names, stage names, and maiden
names
d. Social Security Number
e. Copy of Government-Issued Identification containing a picture;
preferably 2 pieces of identification. Note the requirement that the
producer actually examine the identification document, not just the
cops.
f. Address, phone and other contact information
g. The model’s signature
4) Require the model to execute a binding model release prepared by
a competent attorney. The images are only as legal as the model
release backing them up. If all relevant rights have not been
transferred and released by a valid model release, both the
webmaster and the content producer are subject to claims once the
content is displayed on a Web site.
5) Maintain the records so that they are cross-indexed by the models’
legal names and stage names and by web page. Alternatively,
provide copies of all records to the webmaster if the webmaster will
act as Records Custodian. You need to discuss the particulars of this
with an attorney, because each circumstance may be unique.
6) The Records Custodian should maintain an off-site backup copy of
the records: What happens if there is a fire or a government seizure?
7) Include a conspicuous records custodian disclosure on all CD’s /
DVD’s containing erotic imagery, including the full legal name of the
custodian and physical address where the records are kept. The
disclosure should also certify that all models are over the age of 18,
and include the date when the content was first created, published or
republished. Placement of the disclosure on the product should be
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reviewed by an attorney.
Only through strict compliance with the mandates of Section 2257 will
American webmasters fully embrace content produced overseas. The
right compliance procedure will open profitable markets for foreign
content producers, and result in a wider variety of adult content for
both webmasters and consumers.
Lawrence G. Walters 407.788.7337
[email protected]
© 2003 Weston, Garrou & DeWitt
Multimedia Inc.
CANADA:
The CFR is a Canadian act which is to protect anyone under the age
of 18 from being photographed in adult work, the act stated that the
model must prove that she is 18 or older by providing a valid photo
ID and it must be kept on file by the owner of the photographs.
The current legal framework in Canada
1. Prostitution (street prostitution, escort services, massage parlors
and bawdy houses)
The act of prostitution, that is the exchange of sexual favors for
money, is not and never has been illegal in Canada; or is legal in
Canada
Currently, the Criminal Code makes illegal many of the activities
which relate to prostitution, such as:
communicating in a public place for the purposes of prostitution
(s. 213c);
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providing directions, taking or showing someone to a common
bawdy house (s.211);
procuring (to obtain for another, a person for sexual services)
(s.212);
living on the avails (benefits) of prostitution (s212)
In 1985, the Special Committee on Pornography and Prostitution
(the Fraser Committee), recommended partial decriminalization of
the activities related to prostitution involving adults (safe for the
provisions on exploitation) and its regulation at the municipal level.
None of the Committee’s recommendations were adopted by
Parliament.
Bill C-49: Instead, the Minister of Justice introduced
amendments (Bill C-49) to the Criminal Code to further strengthen
the provisions against street prostitution. The goals of Bill C-49,
adopted by Parliament in December 1985, were to (1) reduce the
level of street prostitution; (2) treat the clients in the same manner
as prostitutes; and (3) facilitate police investigations into
prostitution.
an evaluation clause was included in the Bill, providing for its
mandatory review after three years or operation. The results of this
evaluation are presented in Technical note # 3.
Municipalities cannot, at present, regulate prostitution related
activities since they would then infringe on the exclusive powers of
the federal government over criminal matters (as confirmed by the
Supreme Court of Canada decision in Westendorp v. the Queen,
1983). In the same vein, regulatory schemes could likely not
criminalize prostitution indirectly.
Sources:
Achilles, R., (1995) The Regulation of Prostitution, Report prepared
for the Toronto City Board of Health, April 14, 1995.
Canada (1995) Pornography and Prostitution in Canada, Ottawa:
Supply and Services, 2 vols.
Maggie’s (1995) Trick of Trap? Toronto: The Toronto Prostitutes’
Community Services Project.
230
Maggie’s (1995) No Bawdy’s Business. (see above)
2. Nude dancing:
Not illegal unless there is contact between dancer and client,
which then becomes an indecent act under the Criminal Code.
However, there is some degree of uncertainty at this time as to
whether this type of contact is illegal until the Supreme Court
renders judgment in several pending cases. Under the “obscenity”
provisions of the Criminal Code, nude dancing has been
considered not illegal because it does not exceed the community
standards of tolerance.
Municipalities can regulate behavior of dancers and customers
through the Liquor Control Acts and municipal regulations. Some
attempts to regulate exterior signs (eg. in Montreal) have been
ruled to contravene the Canadian Charter of Rights and
Freedoms.
3. Pornography
At the federal level: When considering the production of
pornography, there are no specific laws governing filmmaking or
nude modeling for magazines, except where general provision of
the Criminal Code apply (e.g., indecent acts if nudity in public,
assault, etc.). Other federal laws governing Customs, Canada Post
and broadcasting and telecommunications can be used to control
the distribution of pornography.
The provincial film control boards have powers over the manner
of distribution of films, film censorship (of parts considered
obscene), and the classification of films.
Municipal by-laws can be used to control the display of
magazines to a certain degree.
(For further information, see: Fraser Committee Report, Canada
(1985))
4. Telephone and other electronic erotic services
231
There is little control, at present, over these services, since
telephones and computer lines are generally considered to be part of
the private domain.
The definition of pornography is notoriously difficult, even though
most people in our society have some sense of what the word means
for them. For purposes of discussion (but not the law), Canada’s
Special Committee on Pornography and Prostitution (the Fraser
Committee) proposed that: “... a work is pornographic if it combines
the two features of explicit sexual representations (content) and an
apparent or purported intention to arouse its audience sexually”
(Government of Canada, 1985: 53-54). Canadian criminal law does
not define pornography but is concerned instead with obscenity and
child pornography. Section 163 of the Criminal Code states that “any
publication a dominant characteristic of which is the undue
exploitation of sex, or of sex and any one or more of the following
subjects, namely, crime, horror, cruelty, and violence, shall be
deemed to be obscene”. Section 163.1, proclaimed August 1, 1993,
pertains to representations of “a person who is or is depicted as being
under the age of eighteen years and is engaged in or is depicted as
engaged in explicit sexual activity”. With respect to obscenity,
distribution is an offence but not possession. With regard to child
pornography, production, distribution and possession are all
indictable offences.
There are many sexually explicit materials which most people would
not regard as pornographic þ medical documents such as sex
therapy manuals, psychiatric case studies, and gynecology text
books and so on. Many other sexually explicit materials, perhaps the
largest portion, are legal—even though they are referred to as
“pornography” in everyday speech. Pornographic material becomes
illegal only when it falls under the provisions for obscenity or child
pornography. In line with the widely accepted sense of “pornography”
the legal notion of “obscenity” pertains to sexually explicit works.
However, for a book, magazine, or video to be obscene the
exploitation of sex in that work must not only be a dominant
characteristic but such exploitation must be “undue”. With the
decision in the 1992 case of R. v. Butler, the Canadian Supreme
Court clarified this notion of the “undue exploitation of sex”:
232
... the portrayal of sex coupled with violence will almost always
constitute the undue exploitation of sex. Explicit sex which is
degrading or dehumanizing may be undue if the risk of harm is
substantial. Finally, explicit sex that is not violent and neither
degrading nor dehumanizing is generally tolerated in our society
and will not qualify as the undue exploitation of sex unless it
employs children in its production.
If material is not obscene under this framework, it does not
become so by reason of the person to whom it is or may be shown
or exposed nor by reason of the place or manner in which it is
shown. ([1992] 1 S.C.R., 485)
The determination that “Explicit sex that is not violent and neither
degrading nor dehumanizing is generally tolerated in our society and
will not qualify as the undue exploitation of sex” indicates that much
of what could be called pornography is perfectly legal in Canada.
The Ottawa-based company XTC-COM operates Exxxtasy TV, a
hard-core pornographic video transmission delivered via satellite.
XTC-COM initially intended to offer two kinds of service: (1) a
scrambled service to bars, clubs and similar public establishments in
Canada; and (2) a Direct-To- Home (DTH) scrambled satellite
service. However, they were advised in November 1993 by the CRTC
that a license was required for a Canadian DTH service. An article in
The Ottawa Citizen states:
From its suburban offices not far from the Herongate Mall, it [XTCCOM] serves 18,000 subscribers across the U.S. Clients pay as
much as $220 U.S. per year for eight hours a day of triple-X-rated
videos... Exxxtasy TV has also been sold to nine strip clubs across
Canada, says its general manager, Richard Latham, but “99.9 per
cent of our business is in the U.S.” (Atherton; January 31, 1994)
This document was produced by Forum 128 and funded by CLGRO
(the Coalition for Lesbian and Gay Rights in Ontario.)
Forum 128 is a national research project into the Canadian
sex panic and can be contacted via CLGRO, Box 822, Station A,
Toronto M5W 1G3.
233
October 1993
Multimedia Inc.
Clarification of the US Title 18 law: Model Releases, and License
Agreements (the text of the actual law follows)
All adult webmasters at some point must deal with these three
documents, but what exactly are they and do you need them? There
seems to be some mass confusion over these documents and just
what is needed when purchasing content and producing it. The
following should clear up once and for all what each of these
documents are, who is required by law to have and/or maintain them,
and what you as a content producer or consumer should be doing
with these documents.
U.S.C.Title 18 Section 2257 - Who the Law Applies to
Title 18 is a US code referring to Crimes and Criminal Procedure.
Section 2257, which is what you as an adult webmaster may hear
about, is the section of this code regarding record keeping for those
who ‘produces any book, magazine, periodical, film, videotape,
or other matter’ which:
(1) contains one or more visual depictions made after
November
1, 1990 of actual sexually explicit conduct; and
(2) is produced in whole or in part with materials which have
been mailed or shipped in interstate or foreign
commerce, or is
shipped or transported or is intended for shipment or
transportation in
interstate or foreign commerce.
234
This means if you personally produce any material where the
models are engaging in sexually explicit conduct (intercourse, oral
sex, penetration) AND that material was shipped from another
country before final production, or you intend to ship it to another
country after production then the law applies to you.
This is a US law and if you are outside the US it does not apply
to you.
U.S.C. Title 18 Section 2257- What Records Must Be Kept
If the above applies to you then according the law you must:
(1) ascertain, by examination of an identification document
containing such information, the performer’s name and
date of
birth, and require the performer to provide such other
indicia of
his or her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer’s present and
correct name, ever used by the performer including
maiden name,
alias, nickname, stage, or professional name
You must record the information listed in 1 and 2 above for each
performer that is involved in actual sexually explicit conduct and
maintain the records at your place of business for inspection by the
US attorney general at all reasonable times.
U.S. C. Title 18 Section 2257- Further Requirements
Besides maintaining the records required above, you must also
attach a statement to all copies of
the material that you produce. The law requires that the statement
attached must say ‘ where the records required by this section with
235
respect to all performers depicted in that copy of the matter may be
located’. Your statement may look like this:
Title 18 records are held on file at:
Jeff Davis
2703 Vermont Street,
San Diego, CA 46933
If you are an organization producing content to which this section
applies, you must appoint a record keeper, whose name and title
appear in your statement:
Title 18 records are held on file at:
Jeff Davis
Custodian Of Records
2703 Vermont Street,
San Diego, CA 46933
Title 18 Section 2257- Who The Law Does Not Apply To
There are many adult webmasters who have not read the actual law
for themselves and have
only gathered information from other sites or co-workers and are
concerned that in purchasing adult content the Title 18 code
somehow applies to them. The law explicitly states in subsection 8(3):
the term “produces” means to produce, manufacture, or publish
any book, magazine, periodical, film, video tape or other similar
matter and includes the duplication, reproduction, or reissuing of
any such matter, but does not include mere distribution or any
other activity which does not involve hiring, contracting for
managing, or otherwise arranging for the participation of the
performers depicted
This means that if you were not involved in the hiring, contracting, or
arrangement of the models and the photo shoot, the law does not
apply to you.
Rules & Regs: The Law!
236
USA: This is the actual law:
TITLE 18, PART I, CHAPTER 110, Sec. 2257
Sec. 2257. - Record keeping requirements
(a)
Whoever produces any book, magazine, periodical, film, videotape,
or other matter which (1)
contains one or more visual depictions made after November 1, 1990
of actual sexually explicit conduct; and
(2)
is produced in whole or in part with materials which have been mailed
or shipped in interstate or foreign commerce, or is shipped or
transported or is intended for shipment or transportation in interstate
or foreign commerce;
shall create and maintain individually identifiable records pertaining to
every performer portrayed in such a visual depiction.
(b)
Any person to whom subsection (a) applies shall, with respect to
every performer portrayed in a visual depiction of actual sexually
explicit conduct (1)
ascertain, by examination of an identification document containing
such information, the performer’s name and date of birth, and require
the performer to provide such other indicia of his or her identity as
may be prescribed by regulations;
(2)
ascertain any name, other than the performer’s present and correct
name, ever used by the performer including maiden name, alias,
nickname, stage, or professional name; and
(3)
237
record in the records required by subsection (a) the information
required by paragraphs (1) and (2) of this subsection and such other
identifying information as may be prescribed by regulation.
©
Any person to whom subsection (a) applies shall maintain the records
required by this section at his business premises, or at such other
place as the Attorney General may by regulation prescribe and shall
make such records available to the Attorney General for inspection at
all reasonable times.
(d)
(1)
No information or evidence obtained from records required to be
created or maintained by this section shall, except as provided in this
section, directly or indirectly, be used as evidence against any person
with respect to any violation of law.
(2)
Paragraph (1) of this subsection shall not preclude the use of such
information or evidence in a prosecution or other action for a violation
of this section or for a violation of any applicable provision of law with
respect to the furnishing of false information.
(e)
(1)
Any person to whom subsection (a) applies shall cause to be affixed
to every copy of any matter described in paragraph (1) of subsection
(a) of this section, in such manner and in such form as the Attorney
General shall by regulations prescribe, a statement describing where
the records required by this section with respect to all performers
depicted in that copy of the matter may be located.
(2)
238
If the person to whom subsection (a) of this section applies is an
organization the statement required by this subsection shall include
the name, title, and business address of the individual employed by
such organization responsible for maintaining the records required by
this section.
(f)
It shall be unlawful (1)
for any person to whom subsection (a) applies to fail to create or
maintain the records as required by subsections (a) and (c) or by any
regulation promulgated under this section;
(2)
for any person to whom subsection (a) applies knowingly to make any
false entry in or knowingly to fail to make an appropriate entry in, any
record required by subsection (b) of this section or any regulation
promulgated under this section;
(3)
for any person to whom subsection (a) applies knowingly to fail to
comply with the provisions of subsection (e) or any regulation
promulgated pursuant to that subsection; and
(4)
for any person knowingly to sell or otherwise transfer, or offer for sale
or transfer, any book, magazine, periodical, film, video, or other
matter, produce in whole or in part with materials which have been
mailed or shipped in interstate or foreign commerce or which is
intended for shipment in interstate or foreign commerce, which (A)
contains one or more visual depictions made after the effective date
of this subsection of actual sexually explicit conduct; and
(B)
is produced in whole or in part with materials which have been mailed
or shipped in interstate or foreign commerce, or is shipped or
transported or is intended for shipment or transportation in interstate
or foreign commerce;
239
which does not have affixed thereto, in a manner prescribed as set
forth in subsection (e)(1), a statement describing where the records
required by this section may be located, but such person shall have
no duty to determine the accuracy of the contents of the statement or
the records required to be kept.
(g)
The Attorney General shall issue appropriate regulations to carry out
this section.
(h)
As used in this section (1)
the term “actual sexually explicit conduct” means actual but not
simulated conduct as defined in subparagraphs (A) through (D) of
paragraph (2) of section 2256 of this title;
(2)
“identification document” has the meaning given that term in section
1028(d) of this title;
(3)
the term “produces” means to produce, manufacture, or publish any
book, magazine, periodical, film, video tape or other similar matter
and includes the duplication, reproduction, or reissuing of any such
matter, but does not include mere distribution or any other activity
which does not involve hiring, contracting for managing, or otherwise
arranging for the participation of the performers depicted; and
(4)
the term “performer” includes any person portrayed in a visual
depiction engaging in, or assisting another person to engage in,
actual sexually explicit conduct.
(i)
Whoever violates this section shall be imprisoned for not more than 2
years, and fined in accordance with the provisions of this title, or both.
Whoever violates this section after having been convicted of a
violation punishable under this section shall be imprisoned for any
240
period of years not more than 5 years but not less than 2 years, and
fined in accordance with the provisions of this title, or both
Sec. 2258. - Failure to report child abuse
A person who, while engaged in a professional capacity or activity
described in subsection (b) of section 226 of the Victims of Child
Abuse Act of 1990 on Federal land or in a federally operated (or
contracted) facility, learns of facts that give reason to suspect that a
child has suffered an incident of child abuse, as defined in subsection
(c) of that section, and fails to make a timely report as required by
subsection (a) of that section, shall be guilty of a Class B
misdemeanor
Sec. 2259. - Mandatory restitution
(a) In General. Notwithstanding section 3663 or 3663A, and in addition to any other
civil or criminal penalty authorized by law, the court shall order
restitution for any offense under this chapter.
(b) Scope and Nature of Order. (1) Directions. The order of restitution under this section shall direct the defendant to
pay the victim (through the appropriate court mechanism) the full
amount of the victim’s losses as determined by the court pursuant to
paragraph (2).
(2) Enforcement. An order of restitution under this section shall be issued and enforced
in accordance with section 3664 in the same manner as an order
under section 3663A.
(3) Definition. -
241
For purposes of this subsection, the term “full amount of the victim’s
losses” includes any costs incurred by the victim for (A)
medical services relating to physical, psychiatric, or psychological
care;
(B)
physical and occupational therapy or rehabilitation;
©
necessary transportation, temporary housing, and child care
expenses;
(D)
lost income;
(E)
attorneys’ fees, as well as other costs incurred; and
(F)
any other losses suffered by the victim as a proximate result of the
offense.
(4) Order mandatory. (A)
The issuance of a restitution order under this section is mandatory.
(B)
A court may not decline to issue an order under this section because
of (i)
the economic circumstances of the defendant; or
(ii)
the fact that a victim has, or is entitled to, receive compensation for
his or her injuries from the proceeds of insurance or any other source.
© Definition. -
242
For purposes of this section, the term “victim” means the individual
harmed as a result of a commission of a crime under this chapter,
including, in the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim’s estate, another family member,
or any other person appointed as suitable by the court, but in no
event shall the defendant be named as such representative or
guardian.
Sec. 2260. - Production of sexually explicit depictions of a minor for
importation into the United States
(a) Use of Minor. A person who, outside the United States, employs, uses, persuades,
induces, entices, or coerces any minor to engage in, or who has a
minor assist any other person to engage in, or who transports any
minor with the intent that the minor engage in any sexually explicit
conduct for the purpose of producing any visual depiction of such
conduct, intending that the visual depiction will be imported into the
United States or into waters within 12 miles of the coast of the United
States, shall be punished as provided in subsection ©.
(b) Use of Visual Depiction. A person who, outside the United States, knowingly receives,
transports, ships, distributes, sells, or possesses with intent to
transport, ship, sell, or distribute any visual depiction of a minor
engaging in sexually explicit conduct (if the production of the visual
depiction involved the use of a minor engaging in sexually explicit
conduct), intending that the visual depiction will be imported into the
United States or into waters within a distance of 12 miles of the coast
of the United States, shall be punished as provided in subsection ©.
© Penalties. A person who violates subsection (a) or (b), or conspires or attempts
to do so (1)
shall be fined under this title, imprisoned not more than 10 years, or
both; and
(2)
243
if the person has a prior conviction under this chapter or chapter
109A, shall be fined under this title, imprisoned not more than 20
years, or both
Amended Section as of June 2005:
DEPARTMENT OF JUSTICE
28 CFR Part 75
[Docket No. CRM 103; AG Order No. 2765-2005]
RIN 1105-AB05
Inspection of Records Relating to Depiction of Sexually Explicit
Performances
AGENCY: Department of Justice
ACTION: Final rule.
SUMMARY: This rule amends the record-keeping and inspection
requirements of 28 CFR part 75 to bring the regulations up to date
with
current law, to improve understanding of the regulatory system, and
to
make the inspection process effective for the purposes set by
Congress
in enacting the Child Protection and Obscenity Enforcement
[[Page 29608]]
Act of 1988, as amended, relating to the sexual exploitation and other
abuse of children.
DATES: This final rule is effective June 23, 2005.
FOR FURTHER INFORMATION CONTACT: Andrew Oosterbaan,
Chief, Child
Exploitation and Obscenity section, Criminal Division, United States
Department of Justice, Washington, DC 20530; (202) 514-5780. This
is
not a toll-free number.
SUPPLEMENTARY INFORMATION:
Background
On June 25, 2004, the Department of Justice published a proposed
244
rule in the Federal Register at 69 FR 35547, to update the regulations
implementing the record-keeping requirements of the Child Protection
and Obscenity Enforcement Act of 1988. The proposed rule updated
those
regulations to account for changes in technology, particularly the
Internet, and to implement the Prosecutorial Remedies and Other
Tools
to End the Exploitation of Children Today (PROTECT) Act of 2003,
Pub.
L. 108-21, 117 Stat. 650 (April 30, 2003) (“2003 Amendments”). The
statute requires producers of sexually explicit matter to maintain
certain records concerning the performers to assist in monitoring the
industry. See 18 U.S.C. 2257. The statute requires the producers of
such matter to “ascertain, by examination of an identification
document containing such information, the performer’s name and
date of
birth,” to “ascertain any name, other than the performer’s present
and correct name, ever used by the performer including maiden
name,
alias, nickname, stage, or professional name,” and to record this
information. 18 U.S.C. 2257(b). Violations of these record-keeping
requirements are criminal offenses punishable by imprisonment for
not
more than five years for a first offense and not more than ten years
for subsequent offenses. See 18 U.S.C. 2257(i). These provisions
supplement the federal statutory provisions criminalizing the
production and distribution of materials visually depicting minors
engaged in sexually explicit conduct. See 18 U.S.C. 2251, 2252.
The record-keeping requirements apply to “[w]hoever produces” the
material in question. 18 U.S.C. 2257(a). The statute defines
“produces” as “to produce, manufacture, or publish any book,
magazine, periodical, film, video tape, computer-generated image,
digital image, or picture, or other similar matter and includes the
duplication, reproduction, or reissuing of any such matter, but does
not include mere distribution or any other activity which does not
involve hiring, contracting for[,] managing, or otherwise arranging for
the participation of the performers depicted.” 18 U.S.C. 2257(h)(3).
The Attorney General, under 18 U.S.C. 2257(g), issued regulations
implementing the record-keeping requirements on April 24, 1992. See
57
245
FR 15017 (1992); 28 CFR 75. In addition to the record-keeping
requirements specifically discussed in section 2257, the regulations
require producers to retain copies of the performers’ identification
documents, to cross-index the records by “[a]ll names(s) of each
performer, including any alias, maiden name, nickname, stage name
or
professional name of the performer; and according to the title,
number,
or other similar identifier of each book, magazine, periodical, film,
videotape, or other matter,” and to maintain the records for a
specified period of time. 28 CFR 75.2(a)(1), 75.3, 75.4.
Most recently, in 2003, Congress made extensive amendments to the
child exploitation statutory scheme based on detailed legislative
findings, which the Department adopts as grounds for proposing this
rule. See 2003 Amendments.
The Department agrees with each of these findings, and hereby
amends the regulations in 28 CFR part 75 to comport with these
specific
findings. As explained more fully below, the rules implement a more
detailed inspection system to ensure that children are not used as
performers in sexually explicit depictions.
Need for the Rule
Recent federal statutory enactments and judicial interpretations
have highlighted the urgency of protecting children against sexual
exploitation and, consequently, the need for more specific and clear
regulations detailing the records and inspection process for sexually
explicit materials to assure the accurate identity and age of
performers.
The identity of every performer is critical to determining and
assuring that no performer is a minor. The key Congressional
concern,
evidenced by the child exploitation statutory scheme, was that all
such
performers be verifiably not minors, i.e. not younger than 18. 28
U.S.C. 2256(1), 2257(b)(1). Minors—children—warrant a special
concern
by Congress for several reasons as discussed more specifically in
relation to the inspection process. Children themselves are incapable
of giving voluntary and knowing consent to perform or to enter into
contracts to perform. In addition, children often are involuntarily
246
forced to engage in sexually explicit conduct. For these reasons,
visual depictions of sexually explicit conduct that involve persons
under the age of 18 constitute unlawful child pornography.
This rule provides greater details for the record-keeping and
inspection process in order to ensure that minors are not used as
performers in sexually explicit depictions. The rule does not restrict
in any way the content of the underlying depictions other than by
clarifying the labeling on and record-keeping requirements pertaining
to, that underlying depiction. Cf. 27 CFR 16.21 (alcoholic beverage
health warning statement; mandatory label information). However,
compliance with the record-keeping requirements of this part has no
bearing on the legality or illegality of the underlying sexually
explicit material.
Moreover, the growth of Internet facilities in the past five years,
and the proliferation of pornography on Internet computer sites or
services, requires that the regulations be updated. In the rule, a
number of definitions are revised to facilitate the application of the
rule to the modern modes of communication.
Response to Public Comments on the Proposed Rule
The Department of Justice published the proposed rule on June 25,
2004, and comments were due to the Department on or before
August 24,
2004. The following discussion responds to comments received from
the
public and explains why the Department either adopted changes or
declined to adopt changes to the proposed rule in response to the
comments. Many commenters commented on identical issues, and
as a
result, the number of comments exceeds the number of issues
addressed
below. Commenters addressed issues that can be separated into five
general categories: General Legal Issues; Vagueness/Overbreadth
Issues;
Burdensomeness; Privacy Concerns; and Miscellaneous Issues.
General Legal Issues
Four commenters commented that the proposed rule encroached on
adult citizens’ constitutional right to view pornography under the
guise of protecting children from exploitation. The Department
disagrees with this comment. The final rule does not impinge upon
the
247
constitutionally protected right to free speech. This claim was fully
litigated following enactment of the statute and the publication of the
first version of the section 2257 regulations. The D.C. Circuit, while
invalidating certain
[[Page 29609]]
provisions of the regulations, held in American Library Ass’n v. Reno,
33 F.3d 78 (D.C. Cir.1994), that the statute and its implementing
regulations were content-neutral measures that served the
compelling
state interest in protecting children and were therefore
“constitutional as they apply to the vast majority of the materials
affected by them, namely, the commercially produced books,
magazines,
films, and videotapes that cater to “adult” tastes.” Id. at 94.
Citing the Tenth Circuit’s holding in Sundance Assoc., Inc. v.
Reno, 139 F.3d 804 (10th Cir.1998), several commenters commented
that
the rule’s application to secondary producers exceeds the
Department’s
statutory authority. Furthermore, the commenters claimed that
application of the rule to secondary producers as defined by the rule
would have an unconstitutionally burdensome and chilling effect, and
four commenters noted that small businesses would be particularly
burdened with regard to maintaining segregated records, copies of
depictions, and cross-indexed records. In Sundance, the court held
that
the statutory definition of producer did not distinguish between
primary and secondary producers and entirely exempted from the
recordkeeping requirements those who merely distribute or those whose
activity “does not involve hiring, contracting for, managing, or
otherwise arranging for the participation of the performers depicted.”
18 U.S.C. 2257(h)(3). In contrast, the D.C. Circuit in American Library
Ass’n v. Reno implicitly accepted that the distinction between primary
and secondary producers was valid. The D.C. Circuit there held that
the
requirement that secondary producers maintain records was not a
constitutionally impermissible burden on protected speech,
particularly
since secondary producers can comply by maintaining copies of the
248
records of the primary producers, an option permitted by this rule. In
so holding, the court implicitly considered the distinction between
primary and secondary producers to be legitimate. Consistent with
the
D.C. Circuit’s holding, which the Department believes reflects the
correct view of the law, the Department declines to adopt these
comments. For the same reason, the Department declines to adopt
the
comment of four commenters that the exclusions to the definition of
producer in Sec. 75.1©(4)(iii) eliminate the reference to primary
and secondary producers contained in Sec. 75.1©(1)-(2).
More specifically, two commenters commented that the expanded
definition of producer to include any person who creates a computergenerated image is contrary to the ruling in Ashcroft v. Free Speech
Coalition, 535 U.S. 234 (2002), which permits restrictions only on
those who produce depictions of actual persons. The commenters
claimed,
too, that the provision is contradictory in that it covers computergenerated images while limiting its coverage to “depiction[s] of
actual sexually explicit conduct.” 28 CFR 75.1©(1)-(2). Thus, the
commenters argued, all statutory references to computer-generated
images and depictions not involving possible child abuse to actual
children in their creation should be removed. The Department notes
that
the Supreme Court in Ashcroft v. Free Speech Coalition determined
that
virtual child pornography could not be constitutionally prohibited
under that statute, which did not require that the material be either
obscene or the product of sexual abuse. The ruling does not,
however,
restrict the government’s ability to ensure that performers in sexually
explicit depictions are not in fact children. Nevertheless, the
Department has made a slight change to the final rule in response to
these comments by clarifying that the rule applies to those who
digitally manipulate images of actual human beings but not to those
who
generate computer images that do not depict actual human beings
(e.g.,
cartoons).
Thirty-three commenters commented that the rule included an
249
improper starting date from which records must be maintained. These
commenters claimed that the Department previously stated, in
accordance
with the court’s order in American Library Ass’n v. Reno, Civil Action
No. 91-0394 (SSS) (D.D.C. July 28, 1995), that July 3, 1995, was the
effective date for enforcement of section 2257. Nevertheless, the
commenters said, Sec. Sec. 75.2(a), 75.6, and 75.7(a)(1) of the
proposed rule refer to November 1, 1990, and Sec. Sec. 75.2(a)(1)
and
(2), 75.6, and 75.7(a)(1) refer to May 26, 1992. The commenters
argued
that the effective dates of the regulation should be changed to be
consistent with the Department’s representations or, in the
alternative, made purely prospective in order to provide producers a
chance to comply. Further, they argued, no obligations should be
imposed concerning images made prior to the effective date.
Based on the Department’s decision not to appeal American Library
Ass’n v. Reno and its representation regarding the effective date of
the regulation to non-parties to American Library Ass’n v. Reno, the
Department has amended the proposed rule and in the final rule
makes
July 3, 1995, the effective date of the regulation and imposes no
obligations on producers concerning sexually explicit depictions
manufactured prior to that effective date.
Several commenters commented that the provision permitting seizure
of records is unconstitutionally broad, could lead to prior restraint,
and does not define what specific materials may be seized. The
Department declines to adopt this comment. The Department notes
that
the regulatory and inspection scheme outlined in the final rule is a
constitutional exercise of government power and, therefore, the
presence of a law enforcement officer on the premises of the entity
being inspected is authorized. In such a case, evidence of a crime
may
be seized by a law enforcement officer under the plain-view exception
to the Fourth Amendment warrant requirement, and the materials
seized
do not need to be specifically described in the regulation that
authorized the inspection.
Four commenters objected to the inclusion in the definition of
250
producer of parent organizations and subsidiaries of producers,
claiming it was beyond the Department’s statutory authority, did not
specify which entities must comply with the statute, overrode state
laws on business associations, and violated the principles of
Sundance
Assoc., Inc. v. Reno. While not confirming the validity of, or
adopting, the specific objections of the commenters, the Department
has
eliminated the inclusion of parent and subsidiary organizations in the
definition of producer.
Citing American Library Ass’n v. Reno, three commenters claimed
that the proposed rule’s requirement to ascertain performers’ aliases
appeared to impose an obligation on the producer to verify all aliases,
whereas, according to them, American Library Ass’n v. Reno requires
only that the producer obtain the aliases from performers themselves.
Three commentators claimed that the proposed rule’s requirement
that
information in the label be accurate as of the date on which material
is sold violates American Library Ass’n v. Reno, which required
accuracy on the date the material was produced or reproduced.
The Department, having reviewed American Library Ass’n v. Reno,
agrees with the commenters that minor changes should be made to
the
proposed rule for publication as a final rule in order to comply with
the D.C. Circuit’s decision. The final rule clarifies that the
producers may rely on the representations regarding aliases that
[[Page 29610]]
performers make and are not obligated to investigate further. In
addition, the final rule requires that information in the label be
accurate as of the date the material is produced or reproduced.
The Department rejects, however, two commenters’ claims that the
Department does not have authority to require a date on the label in
the first instance. Although section 2257 does not explicitly require a
date on the label, the Attorney General has the statutory authority to
issue appropriate regulations to implement the section and has
determined that the purposes of the section cannot be accomplished
without such a date. There would be no way to determine whether a
performer is underage without knowing the date that the material was
produced or reproduced.
Two commenters commented that the proposed rule did not exempt
251
printers, film processors, and video duplicators from the definition of
producer, as required by American Library Ass’n v. Reno. The
Department
adopts this comment, and the final rule provides such an exemption.
One commenter commented that section 2257 was restricted to
producers of sexually explicit material that was produced with
materials that had traveled in interstate or foreign commerce or was
intended to be shipped, or was in fact shipped, in interstate or
foreign commerce, while the proposed rule applied to “[a]ny producer”
of any sexually explicit depiction with no such limitation. The
Department agrees that the regulation needs to contain the same
federal
jurisdictional nexus as the statute. The Department has therefore
accordingly amended the proposed rule so that the final rule contains
a
limitation such that it applies only to producers of material that was
produced with materials that had traveled in interstate or foreign
commerce or was intended to be shipped, or was in fact shipped, in
interstate or foreign commerce.
One commenter commented that protecting children could be
accomplished by requiring a credit card to access a pornographic
website. The commenter apparently erroneously confused this
regulation,
which is designed to protect children from being exploited as
performers, with protecting children from viewing pornography, which
is
the subject of other statutes and regulations. No change is being
made
in response to this comment.
Vagueness/Overbreadth
Thirty-two commenters commented that the definitions of URL and
URL
associated with the depiction are vague. According to the
commenters,
it is not clear what constitutes a copy of a Web page, which may be
constantly changing, for purposes of maintaining a copy of the
depiction. The commenters claim that some sites may use
technologies
that may not even use a URL for downloading a picture (e.g., peer-topeer systems, telephonic bulletin boards, and other technologies).
252
Furthermore, they claim, requiring the use of certain technologies to
comply with the statute presents a situation in which unconstitutional
restrictions are placed upon the manner and media in which content
is
presented. The Department declines to adopt this comment with
regard to
the concern that web pages are constantly changing. It is for this very
reason that the proposed rule required producers to maintain copies
of
every iteration of a web page in order to create a record of which
performers were featured over the course of time. The Department
adopts
this comment insofar as it notes that some sites do not utilize URLs
for downloading, and will modify the rule to require records of the
URL
or, if no URL is associated with the depiction, another uniquely
identifying reference associated with the location of the depiction on
the Internet.
In addition, thirty-three commenters commented that it is unclear
whether the term copy in the rule refers to only digital images,
computer-generated images, and web cam images, or whether there
must be
a copy of the image that was in the magazine and film in the records,
as well. The Department has amended the rule to clarify that there
must
be copy of any and every depiction, whether digital, computergenerated, print in a magazine, or on film. Maintaining copies of each
depiction is critical to making the inspection process meaningful,
whether those copies be in digital, paper, or videotape format.
Reviewing identification records in a vacuum would be meaningless
without being able to cross-reference the depictions, and having the
depictions on hand is necessary to determine whether in fact ageverification files are being maintained for each performer in a given
depiction. In addition, without the depictions, inspectors could not
confirm that each book, magazine, periodical, film, videotape or other
matter has affixed to it a statement describing the location of the
records, as required by the existing regulations.
Twenty-four commenters commented that the exclusion of providers
of
web-hosting services who do not manage the content of the site or
253
service is vague and may be under-inclusive because some services
manage or control certain website content, e.g., advertisements, but
not the sexually explicit content. According to the commenters, it is
similarly unclear whether editing content only for copyright
infringement purposes would constitute control of content. The
Department adopts this comment. The exclusion of providers of webhosting services who reasonably cannot manage the content of the
site
will be clarified to exclude providers of web-hosting services who
reasonably cannot manage the sexually explicit content of the site
(for
either technical or contractual reasons).
Three commenters also commented that the definition of secondary
producers as those who “manage content” on a computer site could
be
construed to include those who operate posting services such as
Usenet,
bulletin boards, and other similar services. According to those
commenters, someone who removes illegal material such as child
pornography could thereby submit themselves to the requirements of
Part
75, while if that person did not remove such material, the person
would
be liable to prosecution for hosting child pornography. The
Department
declines to adopt this comment. Operators of such sites are obligated
by law to remove child pornography from their sites and to report the
attempt to post such pornography to law enforcement. Compliance
with
that legal obligation could not be construed as converting the
operator
into a producer of pornography for purposes of section 2257 and this
regulation.
Five commenters commented that the definitions of producer and
secondary producer would encompass on-line distributors of
pornography
who digitize the covers of videos, DVDs, and magazines but are not
involved in the actual production of the material. One of these
commenters also claimed that the definition of producer should be
changed to allow on-line distributors to rely upon records provided to
254
them by the immediately preceding secondary producer, in
accordance
with the Department’s representation to the court in American Library
Ass’n v. Reno. The Department declines to adopt these comments.
The
definition of producer is of necessity broad enough to encompass
those
who digitize images—even for distribution purposes—because in so
doing, a new sexually explicit depiction is created. The Department
has
determined that it is not possible to change the definition in such a
way as to exclude distributors while not also creating an
unacceptable
loophole in the coverage of the regulation. This
[[Page 29611]]
definition does not alter the Department’s representation to the court
in American Library Ass’n v. Reno, and it remains true that a
secondary
producer not in privity with the primary producer may rely upon
records
provided to it by the immediately preceding secondary producer.
However, on-line distributors who digitize depictions on the covers of
videos, DVDs, magazines, and other material such that new
depictions
are created and displayed on the Internet are covered by the
definition
of producer and must maintain the required records.
Three commenters commented that it is unclear whether the
requirement that the statement include date of production,
manufacturing, publication, duplication, reproduction, or re-issuance
must include all of the listed events or only one. In addition,
according to these commenters, the only relevant date for the
statute’s
purposes is the date of creation, i.e., the date the actual live event
was depicted. Finally, claimed these commenters, the term date of
production is also vague in that it is not clear how a producer should
date a film made over several days. The Department declines to
adopt
this comment. Given the statute’s purpose of protecting minors
against
255
sexual exploitation, with respect to primary producers, clearly the
date of production is the most pertinent because it will reflect the
youngest age of the performer involved. Secondary producers should
list
whichever date or dates are relevant to their conduct. Moreover, this
requirement already existed before the proposed rule was published,
and
therefore, this comment does not pertain to the proposed rule. See 28
CFR 75.6(a)(2) (2003).
Two commenters commented that the definition of picture
identification card is vague, in particular because it does not include
documents issued by a foreign government but does include as an
example
a foreign passport. In response to these comments, the Department
has
clarified that the definition includes a foreign government-issued
passport or any other document issued by a foreign government or a
political subdivision thereof only when both the person who is the
subject of the picture identification card and the producer maintaining
the required records are located outside the United States. The
definition also clarifies that it includes a U.S. government-issued
Permanent Resident Card (commonly known as a “Green Card”) or
other
U.S. government-issued Employment Authorization Document.
Two commenters commented that the proposed rule did not define
qualifications for, or process for authorization of, inspectors. The
Department declines to adopt this comment. Through 18 U.S.C. 2257
Congress has authorized the Attorney General to inspect records,
and
the Attorney General may delegate this authority to any agency
deemed
appropriate by virtue of the Attorney General’s delegation authority
under 28 U.S.C. 510.
One commenter commented that the inclusion in the definition of
secondary producer of anyone who “enters into a contract,
agreement,
or conspiracy” to produce a sexually explicit depiction was irrational
because such a person was not likely to have had a relationship with
the performer and may not have had knowledge of the content of the
256
depiction. The Department declines to adopt this comment. The
statute
contemplates such relationships as being covered by its
requirements.
One commenter commented that the definition of a primary producer
as anyone who “digitizes an image” could be read to include anyone
who scans or digitizes a photograph or negative. The commenter
suggested that someone who performs that activity should be
exempted
from the record-keeping requirements in the same way that photo
processors are exempt under Sec. 75.1©(4)(i). The Department
adopts
this comment and has clarified in the final rule that someone who
solely digitizes a pre-existing photograph or negative as part of a
commercial enterprise and has no other commercial interest in the
production, reproduction, sale, distribution, or other transfer of the
sexually explicit depiction is exempt from the requirements of Sec.
75. As reflected in the phrase “has no other commercial interest in
the production, reproduction, sale, distribution, or other transfer of
the sexually explicit depiction,” this definition is intended to apply
to businesses that are analogous to photo processors in their lack of
commercial interest in the sexually explicit material, and who are
separate and distinct from the on-line distributors of pornography who
digitize the covers of videos, DVDs, etc., who are included in the
definition of secondary producer, as discussed above.
One commenter commented that the requirement regarding the
placement of the statement in films and videotapes in Sec. 75.8 was
unclear as to whether the statement was required in the “end
credits,” “end titles,” or “final credits” and what constituted
those sections of the film. The commenter also suggested that Sec.
75.8(b) and (c) be combined more easily to describe the placement of
the statement. The Department adopts this comment. It has
combined
Sec. 75.8(b) and (c) and clarified that the statement must appear in
the end credits of films and videotapes that have such end credits,
which are defined as the section of the film that lists information
about the production, direction, distribution, names of performers, or
any other matter that is normally understood as constituting “end
credits” of a commercial film or videotape.
One commenter commented that the definition of sell, distribute,
257
redistribute, and re-release in Sec. 75.1(d) is redundant because it
restricts the terms to their commercial meaning but then notes that
the
terms do not apply to noncommercial or educational distribution. In
addition, the commenter comments, it provides examples of the type
of
education institutions whose distributions would not be covered.
According to the commenter, this list is also redundant. The
Department
declines to adopt this comment. The definition’s plain language is not
redundant; rather, it is as specific as possible regarding what is
commercial and what is noncommercial. In addition, the examples
clearly
constitute a non-exhaustive list of institutions and clarify the
meaning of the term noncommercial.
One commenter commented that the rule should define the term
transfer, as used in section 2257, in order to, e.g., specify whether
the statement is required if a husband mails to his wife a sexually
explicit videotape depicting the couple engaged in consensual sexual
activity. The Department declines to adopt this comment. The
Department
believes that the definition of sell, distribute, redistribute, and rerelease in Sec. 75.1(d) subsumes the statute’s use of the term
transfer, which is not used in the proposed or final rule in a way
requiring definition. In addition, the definition in Sec. 75.1(d)
makes clear that only commercial transfers are covered and the
hypothetical transfer that the commenter posits would by the plain
meaning of the rule never be covered.
One commenter commented that the requirement that the statement
appear on the home page of a Web site is vague because many web
sites
operate with subdomains, making the actual homepage or principal
URL
difficult to identify. The Department declines to adopt this comment.
Subdomains, as the name implies, are URLs that share the top-level
domain name’s basic URL and have additional identifying address
information to provide additional content on a separate Web page.
Each
subdomain thus has its own homepage
[[Page 29612]]
258
and each homepage must feature the statement. For example,
http://www.usdoj.gov
is the full domain name of the Web site of the Department
of Justice. http://www.usdoj.gov/criminal is the Web page of the
Criminal Division, which is hosted by the Department’s Web site.
Under
this rule, http://www.usdoj.gov would be required to have a statement
and that statement would cover anything contained on
http://www.usdoj.gov/criminal.
However, http://www.ojp.usdoj.gov is a
subdomain of the full domain http://www.usdoj.gov and would be
required
to have its own statement on that page, which would then cover any
material on a Web page linked to it, such as
http://www.ojp.usdoj.gov/ovc/
, the Web page of the Office for Victims of Crime.
One commenter commented that the exception under Sec.
75.1©(4)(iv-v) for Web hosting, electronic communication, and
remote
computing services should be extended to 18 U.S.C. 2257(f)(4).
Providers of Web hosting, bulletin boards, or electronic mail services
could be found liable for not ascertaining that the appropriate label
was affixed to a depiction transferred by one of their users. The
Department declines to adopt this comment, which would require an
amendment to the statute and is beyond the authority of the
Department
to change by regulation. Moreover, the Department notes that 18
U.S.C.
2257(f)(4) makes it a crime for a person “knowingly to sell or
otherwise transfer” any sexually explicit material that does not have
a statement affixed describing the location of the records. Thus,
knowledge on the part of the transferor is an element of the offense.
One commenter commented that the proposed rule’s record-keeping
requirements were troublesome in light of the 2003 amendment to
section
2257(d), which authorizes the use of such records as evidence in
prosecuting obscenity or child pornography cases. According to the
commenter, this violates the Fifth Amendment right against
mandatory
259
self-incrimination. The Department declines to adopt this comment,
for
two reasons. First, the comment is not directly related to the rule but
rather is directed at the statute. Second, the amendment to section
2257(d) does not violate the Fifth Amendment since some sexually
explicit materials are protected speech and not obscene. Hence, the
reporting requirement is not directed at “a highly selective group
inherently suspect of criminal activities.” Albertson v. Subversive
Activities Control Bd., 382 U.S. 70, 79 (1965).
One commenter commented that the definition of producer is too
broad, such that one depiction may have multiple primary producers,
including, e.g., the photographer and a different individual who
digitizes the image. The commenter argued that the definition should
be
written so that each depiction has only one primary producer. The
Department declines to adopt this comment. The Department does
not
believe that logic, practicability of record-keeping or inspections, or
the statue dictates that there be one and only one primary producer
for
any individual sexually explicit depiction. Any of the persons defined
as primary producers has easy access to the performers and their
identification documents and should therefore each have
responsibility
individually and separately of maintaining the records of those
documents.
Two commenters commented that the definition of producer in the
proposed rule was too broad and would encompass a convenience
store
that sold sexually explicit magazines or a movie theater that screened
R-rated movies. The Department declines to adopt this comment. As
the
rule makes clear, mere distributors of sexually explicit material are
excluded from the definition of producers and under no plausible
construction of the definition would a movie theater be covered
merely
by screening films produced by others.
One commenter commented that it was not clear in the proposed rule
whether, in cases in which it is discovered that a performer is
260
underage, the possessors of those images are required to destroy
copies
of images required in the records in order to comply with the child
pornography laws. The Department declines to adopt this comment
because
existing statutes make clear that it is unlawful knowingly to produce,
advertise, distribute, transport, receive, or possess child
pornography. See 18 U.S.C. 2251, 2252, and 2252A. Producers, like
all
citizens, must comply with those statutes. Nothing in the rule changes
or obscures these existing legal obligations. Furthermore, there is a
good-faith defense to possession of child pornography for the
destruction or reporting to law enforcement of its existence. See 18
U.S.C. 1466A(e).
Burdensomeness
Thirty-six commenters commented that even if the effective date
were changed to July 3, 1995, the regulation would be overly
burdensome
on secondary producers because producers would be required to
obtain
records for thousands—even hundreds of thousands—of sexually
explicit
depictions dating back a number of years. These commenters
claimed that
secondary producers would likely be unable to locate many of those
records from primary producers who may have moved, shut down, or
otherwise disappeared. According to the commenters, those
secondary
producers who could not locate such records would be forced to
remove
the sexually explicit depictions, which would be a limit on
constitutionally protected material.
The Department declines to adopt these comments. Producers were
on
notice that records had to be kept at least by primary producers for
depictions manufactured after July 3, 1995. In addition, commenters
were similarly on notice that the D.C. Circuit, in American Library
Ass’n v. Reno, had upheld the requirement that secondary producers
maintain records. The Department is not responsible if secondary
261
producers chose to rely on the Tenth Circuit’s holding in Sundance
and
not to maintain records while ignoring the D.C. Circuit’s holding in
American Library Ass’n v. Reno. A prudent secondary producer
would have
continued to secure copies of the records from primary producers
after
July 3, 1995. If those records, which are statutorily required, are not
currently available, then the commenters are correct that they will be
required to comply with the requirements of all applicable laws,
including section 2257(f). They are incorrect, however, to claim that
this would result in an impermissible burden on free speech. As the
D.C. Circuit held, the government has a compelling state interest in
protecting children from sexual exploitation. If the producers (primary
and secondary) of sexually explicit depictions cannot document that
children were not used for the production of the sexually explicit
depictions, then they must take whatever appropriate actions are
warranted to comply with the child exploitation, obscenity, and recordkeeping statutes. The First Amendment is not offended by making it
unlawful knowingly to fail or refuse to comply with the record-keeping
or labeling provisions of this valid statute.
Two commenters commented that secondary producers should not
be
required to maintain records at all because they are not proximate
enough to the production of the depictions to secure the requisite
information, and their retention of records would not further the
purpose of the statute. One commenter commented that secondary
producers should only be required to
[[Page 29613]]
retain on file the contact information for the primary producers’
custodians of records. The Department declines to adopt these
comments.
As publishers of sexually explicit material, secondary producers are
equally responsible for protecting minors from exploitation as the
primary producers who photograph sexually explicit acts. Most
importantly, secondary producers are equally covered by the terms of
section 2257. In addition, the D.C. Circuit in American Library Ass’n
v. Reno, held that such a requirement was not unconstitutionally
burdensome.
Thirty-five commenters commented that the indexing and cross262
indexing requirements are unduly burdensome and argued that the
records
should be indexed only by the performer’s legal name, the name
used in
the depiction, or the title of the depiction. The Department declines
to adopt these comments. As the D.C. Circuit held in American
Library
Ass’n v. Reno, the indexing and cross-indexing requirements were
not
unduly burdensome. Word-processing, bookkeeping, and database
software
commonly in use by businesses and even for home computers can
accomplish the indexing and cross-indexing required by the rule. The
Department continues to believe that investigators must be able to
access records through cross-indexing in order to ensure
completeness
and to enable investigation on the basis of less-than-full information.
Thirty-two commenters commented that the requirement that a copy
of
each depiction be maintained would be unduly burdensome, leading
to
vast stocks of magazines and videotapes, and even storage of
computer
images would be unmanageable and prohibitive for small businesses.
Thirty-five commenters also commented that the requirement to keep
copies of each image is impossible to comply with due to the vast
amount of data involved in storing digital images, especially, e.g.,
producers of live streaming video. The Department declines to adopt
these comments. Maintaining one copy of each publication,
production,
or depiction is critical to making the inspection process meaningful.
Commercial publishers and producers can reasonably be expected to
comply. Furthermore, modern computer and disk storage capacities
make
digital archiving and back-up relatively inexpensive and spaceefficient. Finally, reviewing identification records in a vacuum would
be meaningless without being able to cross-reference the depictions,
and having the depictions on hand is necessary to determine whether
in
fact age-verification files are being maintained for each performer in
263
a given depiction. In addition, without the depictions, inspectors
could not confirm that each book, magazine, periodical, film,
videotape
or other matter has affixed to it a statement describing the location
of the records, as required by the existing regulations. Exceptions
cannot be made for producers of digital depictions, and indeed, it is
likely less onerous to store digital images than paper images.
Children
are just as easily exploited in live streaming video as in any other
visual medium. Therefore, an exception cannot be made for
producers of
live streaming video.
Thirty-nine commenters commented that the requirement that records
be available for inspection during specified normal business hours
and
any time business is conducted would be impossible for small
businesses
to meet, especially those run on a part-time basis or during nontraditional hours. These commenters pointed out that the prior
regulations simply provided that the availability be reasonable. The
Department adopts this comment. The Department can accept that
the
producers of the sexually explicit depictions subject to the statute do
not necessarily maintain traditional 9 a.m. to 5 p.m. business hours.
Accordingly, the rule will be adjusted to permit inspections during the
producer’s normal business hours. To the extent the producer does
not
maintain or post regular business hours, producers will be required to
provide notice to the inspecting agency of the hours during which
their
records will be available for inspection, which must total no less than
twenty (20) per week, in order to permit reasonable access for
inspectors.
Thirty commenters commented that the proposed rule’s requirement
that the statement appear on the homepage of a Web site would lead
to
excessively lengthy statements that could deter viewers from
downloading site content. The commenters suggested that web sites
should be permitted to provide links that open windows to complex
264
disclosure statements. In response to these comments, the
Department
has amended the proposed rule such that the final rule permits web
sites to contain a hypertext link that states, “18 U.S.C. 2257 RecordKeeping Requirements Compliance Statement,” that will open in a
separate window that contains the required statement.
Five commenters commented that the requirement that copies of
each
image be kept together with the records would interfere with the
requirement that records be segregated. According to these
commenters,
hard copies of depictions cannot, by definition, be held together with
electronic copies, and if computer records are kept, it is not possible
for a producer to segregate records stored on a computer because
they
are all found on the same storage device. Further, claimed the
commenters, the requirement under Sec. 75.2(e) that records be
segregated from other records, not contain other records, or be
contained within other records is vague. They claimed that it is
unclear whether copies of records may never be in any other
company
files, which would be an irrational requirement and would open
inadvertent misfilings to criminal prosecution.
The Department declines to adopt this comment. The requirement
that
records maintained pursuant to section 2257 be segregated not only
streamlines the inspection process but protects producers from
unbridled fishing expeditions. Inspectors should not be faced with
situations in which they have to sift through myriad filing cabinets to
find the records they are seeking, and producers should not be faced
with the risks that such exploration might create. Hard copies,
electronic copies, or files consisting of both can be segregated in
separate storage containers or hard drives (or even in separate
directories or folders on a hard drive) in/on which no other records
are held. Two commenters commented that the implicit requirement
that
records be kept at a place of business is unreasonable and argued
that
the regulation should permit third-party custody of records. The
265
Department declines to adopt this comment. Permitting a third party
to
possess the records would unnecessarily complicate the compliance
and
inspection processes by removing the records from the physical
location
where they were initially collected, sorted, indexed, and compiled. For
example, producers could provide false names and addresses to the
third
party as a means to avoid scrutiny by law enforcement. Historically,
producers have used front corporations in order to evade both law
enforcement and tax authorities. Permitting third-party custodianship
would exacerbate this problem. Custodians could, for example,
disclaim
any responsibility for the condition or completeness of the records or
be unable to provide additional information regarding the status of the
records. Permitting such third-party custodians in the final rule would
thus require additional regulations to ensure that the third-party
custodian could guarantee the accuracy
[[Page 29614]]
of the records, would act as a legally liable agent of the producer,
and would raise other administrative issues as well.
Furthermore, permitting a third party to maintain the records
would, if anything, exacerbate the concerns of numerous commenters
regarding the privacy of information on performers and businesses by
placing that information in the hands of another party.
Three commenters commented that the record-shifting requirements
under Sec. Sec. 75.2(a) and (b) are impermissibly burdensome.
According to the commenters, primary producers would resist turning
over records that contain trade secrets, such as the identities of
performers. The Department declines to adopt these comments. The
D.C.
Circuit Court clearly held in American Library Ass’n v. Reno that the
record-keeping requirements were not unconstitutionally
burdensome. Any
primary producer who fails to release the records to a secondary
producer is simply in violation of the regulations and may not use the
excuse that the records contain alleged trade secrets to avoid
compliance.
266
Three commenters commented that the requirement that the
statement
appear in font size equal in size to the names of the performers,
director, producer, or owner, whichever is larger, and no smaller in
size than the largest of those names, and in no case in less than 11point type, in black on a white, untinted background amounts to
forced
speech, would ruin the aesthetic quality of web pages and other
media,
and is impractical. Another commenter commented that the
requirement
that the statement appear in a certain typeface cannot apply to web
sites, whose appearance depends on the viewer’s computer. In
response
to these comments, the Department has revised final rule to require
that the statement appear in typeface that is no less than 12-point
type or no smaller than the second-largest typeface on the website,
and
in a color that contrasts with the background color. Regarding the
claim that such an administrative label constitutes forced speech, the
Department notes that the federal government imposes a range of
such
requirements, such as nutritional labels on food products and safety
warnings on a myriad of products.
Two commenters commented that the length of retention of records
was too long and could multiply to include excessively long periods of
time. The commenters also claimed that the periods of time in the
proposed rule were contrary to the D.C. Circuit’s opinion in American
Library Ass’n v. Reno. The Department declines to adopt this
comment.
The regulation provides for retention of records for seven years from
production or last amendment and five years from cessation of
production by a business or dissolution of the company. The
Department
does not believe that these limits are unreasonable. The only way to
satisfy the commenters’ objection that the periods of time can multiply
would be to impose a blanket short period of time no matter what
changes to the records were made. Such a change would frustrate
the
ability to ensure that records were maintained up-to-date and prevent
267
inspectors from examining older records to determine if a violation
had
been committed. In addition, the time periods, contrary to the claim of
the commenters, do not violate American Library Ass’n v. Reno. In
that
case, the D.C. Circuit held that Sec. 75 could not require records to
be maintained for as long as the producer remained in business and
allowed a five-year retention period “[p]ending its replacement by a
provision more rationally tailored to actual law enforcement needs.”
33 F.3d at 91. The Department has determined that the seven-year
period
is reasonable, thus satisfying the court’s directive. The production of
child pornography statute of limitations was increased in the
PROTECT
Act from five years to the life of the child, and the increase
contained in the regulation seeks to comport with that extended
statute
of limitations.
Finally, the Department wishes to clarify that the statute requires
that each time a producer publishes a depiction, he must have
records
proving that the performers are adults. Thus, if a producer purges his
or her records after the retention period but continues to use a
picture for publication, the producer would be deemed in violation of
the statute for not maintaining records that the person depicted was
an
adult. Records are required for every iteration of an image in every
instance of publication.
One commenter objected to the proposed rule’s lack of prior
announcement of inspections. Advance notice, the commenter
stated,
would allow producers to put records in proper order and ensure that
someone would be on the premises when investigators visited. The
rule
should specify what happens in cases in which no one is present
when
the investigator arrives. The Department declines to adopt this
comment. Advanced notice would provide the opportunity to falsify
records in order to pass inspection. Lack of specific case-by-case
notice prior to inspection will promote compliance with the statute and
268
encourage producers to maintain the records in proper order at all
times, as is contemplated by the statute. The rule will specify that
inspections are to occur during the producer’s normal business hours.
The inspection process clearly does not contemplate warrantless
forced
entry solely because no one is present when the investigator arrives.
One commenter commented that the proposed rule appeared to
require
hard copies of records and suggested that digital copies be permitted
in order to simplify storage and indexing. The Department adopts this
comment. Records may be maintained in either “hard” (paper) form or
digital form, provided that they include scanned forms of
identification and that there is a custodian of records who can
authenticate each digital record. The regulation has been revised to
clarify this point.
One commenter commented that the regulation should permit the
statement to be located on main menu screen of a DVD, rather than
requiring the statement to appear in the movie itself. The Department
declines to adopt this comment. The statement cannot be severed
from
the actual depiction because that could lead to confusion on the part
of the public as to the applicability of the statement in cases, for
example, when there is more than one film on a DVD or when a
movie on a
DVD is also available in other contexts in which the statement must
be
appended (e.g., posted on a Web site).
One commenter commented that the list of acceptable forms of
performer identification in the proposed rule is unduly restrictive and
argued that college and employer identification cards should be
acceptable. The Department declines to adopt this comment. The
regulation properly requires a government-issued identification
document because other forms of identification are too susceptible to
forgery to accomplish the purposes of the Part.
One commenter who supported the proposed rule stated that he
created a system to help webmasters comply with the rules and
protect
the identity of individuals depicted in the images while allowing
verification by law enforcement. The commenter stated that no
269
webmasters took advantage of his system because, he said, they
believe
that there is an extremely remote possibility of being prosecuted for
non-compliance and that the Sundance ruling protects them. The
comment
tends to demonstrate that the claim by industry groups that the rule is
unconstitutionally burdensome is
[[Page 29615]]
exaggerated. Nonetheless, the Department does not endorse this
commenter’s particular system as it has no means to determine
whether
the system actually works.
One commenter commented that the provision for inspections every
four months is too frequent and is an invitation for harassment. Some
businesses are so small and static that the required records are
unlikely to change over a particular four-month period. The
Department
declines to adopt this comment. The regulations necessarily are
designed to provide an adequate inspection interval for the most
prolific producers as well as the relatively small-scale producers. The
Department has determined that limiting the frequency of inspections
to
every four months will allow inspectors to keep pace with major
producers while at the same time avoid excessive inspections of
smaller
producers. Moreover, four months denotes the maximum frequency
of
inspections; inspectors may inspect less frequently at their
discretion.
Privacy
Sixty-two commenters commented that revealing personal
information
of performers, for example, in the form of their addresses on drivers’
licenses used as identification documents in compliance with this
regulation, is an invasion of performers’ privacy and could lead to
identity theft or violent crimes. Forty commenters commented that
including the names and addresses of businesses where the records
at
issue are located would similarly lead to crimes against those
270
businesses. The Department declines to adopt these comments.
While the
Department is certainly concerned about possible crimes against
performers and businesses that employ them, the necessity of
maintaining these records to ensure that children are not exploited
outweighs these concerns. Furthermore, specifically regarding
personal
information about performers required to be provided to primary
producers, the Department notes that the information required is no
different from that required by other forms of employee or business
records, such as social security numbers and dates of birth required
for tax reporting purposes, emergency contact numbers in case of
health
problems, or addresses used to transmit paychecks. Regarding
information about producers, such as their physical location, that
those producers must include in their statements, the Department
notes
that producers are already required, under the current Part 75
regulations, to include that information. Finally, regarding personal
information about performers that must be transmitted to secondary
producers, the Department again notes, first, that such information is
already required by the current Part 75 regulations, and, second, that
none of the commenters presented any evidence that a hypothetically
possible crime, such as the stalking of a performer, was in any way
tied to the dissemination of the information about a performer
provided
to a producer in compliance with Part 75.
Another commenter proposed that secondary producers be required
to
store sanitized (i.e., without personal information such as home
address) hard or digital copies of performers’ identification documents
along with a notarized affidavit from the primary producer stating the
location of the complete records. The Department declines to adopt
this
comment. Although the Department understands the commenter’s
desire to
protect private information about performers from being too widely
disseminated, it believes that the suggested plan would be overly
burdensome on primary producers and add an unnecessary layer of
271
complexity to the record-keeping process. Primary producers would
be
required first to sanitize the identification documents and then to
draft, sign, and pay for a notarized affidavit. It is simpler and less
burdensome simply to have primary producers transfer a copy of the
records to secondary producers.
One commenter also commented that the proposed rule may force
foreign primary producers to violate foreign laws regarding protection
of information. If primary producers in foreign countries decide to
comply with their home privacy laws and not provide materials to U.S.
entities, the regulation will chill the availability of materials and
speech to U.S. citizens. The Department declines to adopt this
comment.
The rule is no different from other forms of labeling requirements
imposed on foreign producers of, e.g., alcohol, tobacco, or food items
that are imported into the United States. In order to sell in the U.S.
market, foreign producers must comply with U.S. laws. This rule
applies
equally to any sexually explicit material introduced into the stream of
commerce in the United States no matter where it was produced.
Foreign
producers have the option of not complying with the rule, but then
their access to the U.S. market is justly and lawfully prohibited.
Miscellaneous
Five commenters commented that the proposed rule would hurt U.S.
businesses and remove money from the U.S. economy by driving the
pornography industry to other countries. In addition, these
commenters
claimed, most sexually explicit web sites are, in any event, already
located in other countries and the rule would be ineffective in
regulating them. Similarly, one commenter commented that the
proposed
changes will be ineffective in addressing the problem of child
pornography because most, if not all, of child pornography web sites
are located outside the United States.
The Department disagrees with these comments. First, the purpose
of
the statute, and the rule to implement it, is not to drive the
pornography industry out of the United States. Rather, the purpose is
to protect children from sexual exploitation, and the rule is designed
272
to do so while not burdening protected speech. The D.C. Circuit, in
American Library Ass’n v. Reno, held that the current regulations are
not unconstitutionally burdensome, and the final rule is merely a
refinement and update of those regulations. Thus, the pornography
industry should not in fact be driven overseas. Indeed, the
commenters
do not provide any evidence either for their proposition that most
sexually explicit web sites are in fact based abroad or for their
proposition that those web sites that are located in the United States
will relocate. Second, the Department does not currently exercise
jurisdiction over foreign web sites, but it must promulgate regulations
within its legitimate jurisdiction in the United States in order to
accomplish the purpose of the statute.
Two commenters suggested that rather than regulating sexually
explicit Web sites, the Department should invest more resources into
fighting child pornography through education of parents and children
and through enhanced criminal investigation. In response, the
Department points out that it currently invests significant resources
in criminal investigation and prosecution of child pornography and in
other activities to promote the protection of children. The final rule
is part of this effort and is aimed at preventing any child pornography
from being produced under the guise of constitutionally protected
sexually explicit depictions and must necessarily require legitimate
businesses to maintain the records at issue. One commenter
supported
the Department’s
[[Page 29616]]
position, as the commenter stated, because of concern about
exploitation of children.
One commenter commented that certain types of files—e.g., .jpeg
and .gif photos—cannot have a statement appended when uploaded.
The
Department declines to adopt this comment. The rule makes clear
that
whenever Internet depictions are involved, the statement must
appear on
the website’s home page, not on the image itself.
One commenter commented that the term technologies is improperly
used in Sec. 75.1(a), which states that the proposed rule’s
definitions of terms “are not meant to exclude technologies or uses of
273
these terms as otherwise employed in practice or defined in other
regulations or federal statutes * * *.” The Department declines to
amend the proposed rule in response to this comment. The
Department
believes the commenter may have misunderstood the sentence. As
Sec.
75.1(a) explains, the definitions in the rule are not used in their
technical senses and do not, therefore, exclude any particular type of
technology, or technologies, currently existing or invented in the
future on the basis of the language used in the Part.
The same commenter objected to the proposed rule’s use of the
phrase “myriad of” in the definition of the term Internet in Sec.
75.1(f). The Department declines to adopt this comment. According to
Merriam-Webster’s Collegiate Dictionary (11th ed., 2003), “Recent
criticism of the use of myriad as a noun, both in the plural form
myriads and in the phrase myriad of, seems to reflect a mistaken
belief
that the word was originally and is still properly only an adjective *
* *. The noun myriad has appeared in the works of such writers as
Milton (plural myriads) and Thoreau (a myriad of), and it continues to
occur frequently in reputable English. There is no reason to avoid
it.” Merriam-Webster’s Collegiate Dictionary 821 (11th ed., 2003).
One commenter commented regarding a minor drafting error in which
Sec. 75.2(a)(1) of the proposed rule incorrectly referenced the
definition of an identification document in 18 U.S.C. 1028. The
Department has eliminated entirely the reference to 18 U.S.C. 1028,
which is redundant in light of the final rule’s defined term picture
identification card.
One commenter suggested that the regulation state that no person
convicted of pedophilia, endangerment of a minor, or any sexual
misconduct involving a minor be eligible to produce sexually explicit
material or act as custodian of records required by the regulation. The
Department is unable to adopt this comment, because the suggestion
goes
beyond the Department’s authority to implement the statute.
Two commenters suggested alternative means to implement the
statute. One suggested that the Department establish a national “sex
ID” system with which performers would register with the government
in
274
a national database. In the commenter’s scheme, the model would
receive
an ID number that would be superimposed on images of the
performer,
enabling federal law enforcement officers to determine compliance
with
the rule by cross-referencing the ID numbers with the database.
Another
suggested that each producer store required identification records,
indexed by URL, on a computer server in a password-protected folder
made available to law enforcement. The Department declines to
adopt
these suggestions because it believes that they would be more
burdensome on both the Department and producers to create,
implement,
and manage than the record-keeping system established by the rule.
In
addition, creation of such systems would likely require several years’
work and delay implementation of the statute’s record-keeping
requirements.
Similarly, two commenters suggested specific additions to the
record-keeping requirements in the proposed rule. One commented
that
two forms of identification should be required of performers. The
Department declines to adopt this comment because it believes that
one
form of valid photo identification is sufficient to establish the
identity and age of the performer and that requiring more would be
overly burdensome on businesses and performers themselves.
One commenter commented that the exemption statement in the rule
is
unnecessary and redundant because if no statement is necessary,
then
the regulation does not apply and no statement of any kind can be
required. The Department declines to adopt this comment for three
reasons. First, the Department notes that the exemption-statement
requirement was included in the previous version of the regulation.
Second, the commenter is wrong to state that it is redundant. Since a
primary or secondary producer could possess various sexually
explicit
275
depictions, some subject to the regulation and some not, it would be
necessary for the producer to label both types, rather than only label
those that are subject to the rules and give the impression both to the
public and to government inspectors that the producer is not in
compliance with the regulation. Third, the lack of an exemption
statement could lead to a waste of resources by prompting
inspections
where none were needed because, unbeknownst to the inspector, the
producer was exempt from the regulation.
One commenter commented that Internet Presence Providers (IPPs)
should receive the same exemption from the rule as Internet Service
Providers (ISPs). The Department understands that IPPs are similar
to
ISPs in that they both act as hosts for web pages that are created
and
owned by other persons. It appears, however, that IPPs can also take
on
other responsibilities, including managing the operations of web sites
themselves. The Department has amended the proposed rule to
exclude
web-hosting services to the extent that their employees are not, and
cannot reasonably be, engaged in managing the sexually explicit
content
of the site (for either technical or contractual reasons). The
Department does not believe it is appropriate to provide a blanket
exemption from the regulation for IPPs because it would enable
owners
of such web sites to disclaim responsibility for complying with the
regulation by asserting that the IPPs are actually engaged in
regulated
activities while also exempting IPPs in toto, thus leading to a gap in
coverage of producers.
One commenter commented that the regulation should specify that a
record-keeper may refuse to speak to an investigator or may leave
the
premises during an investigation, so that no questions arise regarding
whether the inspection rises to the level of custodial interrogation.
The Department declines to adopt this comment. A record keeper’s
conduct during an inspection will not be regulated. To the extent that
276
it becomes necessary in any given case, both the government and
the
individual will have available to them the full panoply of
constitutional and legal protections and authorities to allow a court
to determine, in the normal course of any prosecution that may arise
and on a case-by-case basis, whether a custodial interrogation
occurred
at the time of inspection, and will bear the consequences of the
court’s determination.
One commenter commented that the proposed rule did not define
how
an inspector could copy physical or digital records during an
inspection. The Department declines to adopt this comment. The
inspectors will avail themselves of a portable photocopier or means to
copy digital records (e.g., computer disks) as needed, and the final
[[Page 29617]]
rule does not need to include details such as these.
One commenter commented that it is unclear whether a producer that
provides content to a secondary producer must maintain a list of its
URLs. According to the commenter, keeping such a list would be
impossible, given the number of URLs and the fact that many URLs
are
generated dynamically, making the requirement technologically
impossible. Further, claimed the commenter, if a URL is required to
be
indexed with an identification record, one URL (the site entrance)
should be sufficient. In addition, the commenter commented, URLs
outside the direct control of the content provider should not be
covered under the regulations, and secondary producers should be
permitted to simply list the producer’s 2257 statement on the home
page.
The Department declines to adopt this comment. The Department
understands that it would not be possible to track or maintain records
of dynamically generated URLs. The existing regulations require
producers to maintain the names of the performers “indexed by the
title or identifying number of the book, magazine, film, videotape, or
other matter.” See 28 CFR 75.2(a)(2). The rule updates this
requirement expressly to include Internet depictions by requiring that
this indexing also include any static URLs associated with depictions
of that performer and to maintain a copy of the depiction with the
277
static URL associated with the depiction. Existing regulations require
any producer to affix a statement describing the location of the
records, and permit producers to provide the address of the primary
producer, or, for secondary producers satisfying the requirements of
Sec. 75.2(b), the address of the secondary producer. See 28 CFR
75.6,
75.6(b); see also 28 CFR 75.2(b) (permitting secondary producers to
maintain records by accepting copies of records from a primary
producer). This rule merely updates this requirement to expressly
cover
Internet depictions.
Regulatory Procedures
Regulatory Flexibility Act
The Department of Justice has drafted this regulation in accordance
with the Regulatory Flexibility Act, 5 U.S.C. 601-612. The Department
of Justice drafted this rule to minimize its impact on small businesses
while meeting its intended objectives. Based upon the preliminary
information available to the Department through past investigations
and
enforcement actions involving the affected industry, the Department
is
unable to state with certainty that this rule, if promulgated as a
final rule, will not have any effect on small businesses of the type
described in 5 U.S.C. Sec. 601(3). Accordingly, the Department has
prepared a final Regulatory Flexibility Act analysis in accordance with
5 U.S.C. 604, as follows:
A. Need for and Objectives of This Rule
Recent federal statutory enactments and judicial interpretations
have highlighted the urgency of protecting children against sexual
exploitation and, consequently, the need for more specific and clear
regulations detailing the records and inspection process for sexually
explicit materials to assure the accurate identity and age of
performers.
The identity of every performer is critical to determining and
assuring that no performer is a minor. The key Congressional
concern,
evidenced by the child exploitation statutory scheme, was that all
such
performers be verifiably not minors, i.e. not younger than 18. 18
278
U.S.C. 2256(1), 2257(b)(1). Minors—children—warrant a special
concern
by Congress for several reasons as discussed more specifically in
relation to the inspection process. Children themselves are incapable
of giving voluntary and knowing consent to perform or to enter into
contracts to perform. In addition, children often are involuntarily
forced to engage in sexually explicit conduct. For these reasons,
visual depictions of sexually explicit conduct that involve persons
under the age of 18 constitute unlawful child pornography.
This rule merely provides greater details for the record-keeping
and inspection process in order to ensure that minors are not used as
performers in sexually explicit depictions. The rule does not restrict
in any way the content of the underlying depictions other than by
clarifying the labeling on, and record-keeping requirements pertaining
to, that underlying depiction. Cf., e.g., 27 CFR 16.21 (alcoholic
beverage health warning statement; mandatory label information).
However, compliance with the record-keeping requirements of this
part
has no bearing on the legality or illegality of the underlying sexually
explicit material.
Moreover, the growth of Internet facilities in the past five years,
and the proliferation of pornography on Internet computer sites or
services, requires that the regulations be updated. In the final rule,
a number of definitions are revised to accomplish the application of
the rule to the modern modes of communication.
B. Description and Estimates of the Number of Small Entities Affected
by This Rule
A “small business” is defined by the Regulatory Flexibility Act
(RFA) to be the same as a “small business concern” under the Small
Business Act (SBA), 15 U.S.C. 632. Under the SBA, a “smallbusiness
concern” is one that: (1) is independently owned and operated; (2) is
not dominant in its field of operation; and (3) meets any additional
criteria established by the SBA. See 5 U.S.C. 601(3) (incorporating
by
reference the definition of “small business concern” in 15 U.S.C.
632).
Based upon the information available to the Department through past
investigations and enforcement actions involving the affected
industry,
279
there are likely to be a number of producers of sexually explicit
depictions who hire or pay for performers and who, accordingly,
would
come under the ambit of the proposed rule. However, none of the
changes
made by this rule affect the number of producers that would be
covered.
The rule clarifies the meaning of an existing definition and how that
definition covers electronic sexually explicit depictions, but does not
expand that definition.
Pursuant to the RFA, in the proposed rule the Department
encouraged
all affected commercial entities to provide specific estimates,
wherever possible, of the economic costs that this rule will impose on
them and the benefits that it will bring to them and to the public. The
Department asked affected small businesses to estimate what these
regulations will cost as a percentage of their total revenues in order
to enable the Department to ensure that small businesses are not
unduly
burdened. No specific estimates of the economic costs that the rule
would impose were received.
The regulation has no effect on State or local governmental
agencies.
C. Specific Requirements Imposed That Would Impact Private
Companies
The final rule provides clearer requirements for private companies
to maintain records of performers of sexually explicit depictions to
ensure that minors are not used in such sexually explicit depictions.
The final rule requires that these records be properly indexed and
cross-referenced. In the proposed rule, the Department specifically
sought information from affected producers on the costs of the
recordkeeping, indexing, and cross-referencing requirements. No
commenters
provided such information beyond qualitative assessments, which
[[Page 29618]]
are addressed in the Responses to Public Comments section of this
Supplemental Information.
Nevertheless, the Department is aware from those qualitative
statements that certain alternatives to the rule are possible. For
280
example, two commenters commented that the regulation should
permit
third-party custody of records in order to reduce the burdens of
storing material at a producer’s place of business and of maintaining
certain business hours in order to be available for inspection. The
Department believes that allowing third-party custody, however,
would
be detrimental to the goals of the statute. It would unnecessarily
complicate the compliance and inspection processes by removing the
records from the physical location where they were initially collected,
sorted, indexed, and compiled. Furthermore, permitting a third party
to
maintain the records would, if anything, exacerbate the concerns of
numerous commenters regarding the privacy of information on
performers
and businesses by placing that information in the hands of another
party.
Other alternatives suggested by commenters included the
establishment of a national “sex ID” system with which performers
would register with the government in a national database, and the
creation of a password-protected database of identification records
available to law enforcement. As explained above, the Department
believes that they would be more burdensome on both the
Department and
producers to create, implement, and manage than the record-keeping
system established by the rule. In addition, creation of such systems
would likely require several years’ work and delay implementation of
the statute’s record-keeping requirements.
The Department has, however, adopted numerous changes to the
proposed rule in response to comments that it was too burdensome.
For
example, because commenters argued that the requirement that the
statement appear on the homepage of any web site was too
burdensome,
the final rule permits web sites to contain a hypertext link that
states, “18 U.S.C. 2257 Record-Keeping Requirements Compliance
Statement,” that will open in a separate window that contains the
required statement. Likewise, in response to public comments, the
Department amended the proposed rule such that the final rule no
longer
281
requires businesses to be available for inspection from 8 a.m. to 6
p.m. every day, but rather permits inspections during the producer’s
normal business hours. Further, the Department modified the
requirements regarding the size and typeface of the statement in
response to public comments, as well as clarified that records may be
maintained in either “hard” (paper) form or digital form.
At the same time, the Department also rejected potential changes
that would extend the burdensomeness of the rule. For example, the
Department did not adopt a comment that two forms of identification
should be required of performers.
For these reasons, the Department believes that, although private
companies will be affected by the rule, the costs are reasonable in
light of the purpose of the statute and that it has imposed the
regulation in the least burdensome manner possible.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, Sec. 1(b), Principles of Regulation. The
Department of Justice has determined that this rule is a “significant
regulatory action” under Executive Order 12866, Sec. 3(f).
Accordingly this rule has been reviewed by the Office of Management
and
Budget.
The benefit of the regulation is that children will be better
protected from exploitation in the production of sexually explicit
depictions by ensuring that only those who are at least 18 years of
age
perform in such sexually explicit depictions. The costs to the industry
include slightly higher record-keeping costs and the potential time
spent assisting inspectors in the process of inspecting the required
records. In the proposed rule, the Department expressly encouraged
all
affected commercial entities to provide specific estimates, wherever
possible, of the economic costs that this rule will impose on them.
Notwithstanding that request, not a single commenter provided any
data
on this aspect of the rule. Accordingly, the costs that this final rule
will impose remain uncertain.
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
282
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with
Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
This regulation meets the applicable standards set forth in
Sec. Sec. 3(a) and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were
deemed
necessary under the provisions of the Unfunded Mandates Reform
Act of
1995, 2 U.S.C. 1501 et seq.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996. 5
U.S.C.
804. This rule will not result in an annual effect on the economy of
$100,000,000 or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
companies to compete with foreign-based companies in domestic
and
export markets.
Paperwork Reduction Act
This rule modifies existing requirements to clarify the recordkeeping requirements pursuant to Congressional enactments and the
development of the Internet.
This rule contains a new information collection that satisfies the
requirements of existing regulations to clarify the means of
maintaining and organizing the required documents. This information
collection, titled Inspection of Records Relating to Depiction of
Sexually Explicit Performances, has been submitted to the Office of
Management and Budget (OMB) for approval. Although comments
were
283
solicited from the public, in accordance with the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501 et seq., in the proposed rule, no
comments
were received.
List of Subjects in 28 CFR Part 75
Crime, Infants and children, Reporting and recordkeeping
requirements.
0
Accordingly, the Attorney General amends chapter I of title 28 of the
Code of Federal Regulations as follows:
0
1. Part 75 of title 28 CFR is revised to read as follows:
[[Page 29619]]
PART 75--CHILD PROTECTION RESTORATION AND PENALTIES
ENHANCEMENT ACT
OF 1990 AND PROTECT ACT; RECORD-KEEPING AND RECORD
INSPECTION
PROVISIONS
Sec.
75.1 Definitions.
75.2 Maintenance of records.
75.3 Categorization of records.
75.4 Location of records.
75.5 Inspection of records.
75.6 Statement describing location of books and records.
75.7 Exemption statement.
75.8 Location of the statement.
Authority: 18 U.S.C. 2257.
Sec. 75.1 Definitions.
(a) Terms used in this part shall have the meanings set forth in 18
U.S.C. 2257, and as provided in this section. The terms used and
defined in these regulations are intended to provide commonlanguage
guidance and usage and are not meant to exclude technologies or
uses of
these terms as otherwise employed in practice or defined in other
284
regulations or federal statutes (i.e., 47 U.S.C. 230, 231).
(b) Picture identification card means a document issued by the
United States, a State government or a political subdivision thereof,
or a United States territory, that bears the photograph and the name
of
the individual identified, and provides sufficient specific information
that it can be accessed from the issuing authority, such as a
passport,
Permanent Resident Card (commonly known as a “Green Card”), or
other
employment authorization document issued by the United States, a
driver’s license issued by a State or the District of Columbia, or
another form of identification issued by a State or the District of
Columbia; or, a foreign government-issued equivalent of any of the
documents listed above when both the person who is the subject of
the
picture identification card and the producer maintaining the required
records are located outside the United States.
© Producer means any person, including any individual,
corporation, or other organization, who is a primary producer or a
secondary producer.
(1) A primary producer is any person who actually films,
videotapes, photographs, or creates a digitally- or computermanipulated image, a digital image, or picture of, or digitizes an
image of, a visual depiction of an actual human being engaged in
actual
sexually explicit conduct.
(2) A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues a book,
magazine, periodical, film, videotape, digitally- or computermanipulated image, picture, or other matter intended for commercial
distribution that contains a visual depiction of an actual human being
engaged in actual sexually explicit conduct, or who inserts on a
computer site or service a digital image of, or otherwise manages the
sexually explicit content of a computer site or service that contains a
visual depiction of an actual human being engaged in actual sexually
explicit conduct, including any person who enters into a contract,
agreement, or conspiracy to do any of the foregoing.
(3) The same person may be both a primary and a secondary
producer.
285
(4) Producer does not include persons whose activities relating to
the visual depiction of actual sexually explicit conduct are limited to
the following:
(i) Photo or film processing, including digitization of previously
existing visual depictions, as part of a commercial enterprise, with no
other commercial interest in the sexually explicit material, printing,
and video duplicators;
(ii) Mere distribution;
(iii) Any activity, other than those activities identified in
paragraphs © (1) and (2) of this section, that does not involve the
hiring, contracting for, managing, or otherwise arranging for the
participation of the depicted performers;
(iv) A provider of web-hosting services who does not, and
reasonably cannot, manage the sexually explicit content of the
computer
site or service; or
(v) A provider of an electronic communication service or remote
computing service who does not, and reasonably cannot, manage the
sexually explicit content of the computer site or service.
(d) Sell, distribute, redistribute, and re-release refer to
commercial distribution of a book, magazine, periodical, film,
videotape, digitally- or computer-manipulated image, digital image,
picture, or other matter that contains a visual depiction of an actual
human being engaged in actual sexually explicit conduct, but does
not
refer to noncommercial or educational distribution of such matter,
including transfers conducted by bona fide lending libraries,
museums,
schools, or educational organizations.
(e) Copy, when used:
(1) In reference to an identification document or a picture
identification card, means a photocopy, photograph, or digitally
scanned reproduction, and
(2) When used in reference to a sexually explicit depiction means
the sexually explicit image itself (e.g., a film, an image posted on a
web page, an image taken by a webcam, a photo in a magazine,
etc.).
(f) Internet means collectively the myriad of computer and
telecommunications facilities, including equipment and operating
software, which constitute the interconnected world-wide network of
286
networks that employ the Transmission Control Protocol/Internet
Protocol, or any predecessor or successor protocols to such protocol,
to communicate information of all kinds by wire or radio.
(g) Computer site or service means a computer server-based file
repository or file distribution service that is accessible over the
Internet, World Wide Web, Usenet, or any other interactive computer
service (as defined in 47 U.S.C. 230(f)(2)). Computer site or service
includes without limitation, sites or services using hypertext markup
language, hypertext transfer protocol, file transfer protocol,
electronic mail transmission protocols, similar data transmission
protocols, or any successor protocols, including but not limited to
computer sites or services on the World Wide Web.
(h) URL means uniform resource locator.
(i) Electronic communications service has the meaning set forth in
18 U.S.C. 2510(15).
(j) Remote computing service has the meaning set forth in 18 U.S.C.
2711(2).
(k) Manage content means to make editorial or managerial decisions
concerning the sexually explicit content of a computer site or service,
but does not mean those who manage solely advertising, compliance
with
copyright law, or other forms of non-sexually explicit content.
(l) Interactive computer service has the meaning set forth in 47
U.S.C. 230(f)(2).
Sec. 75.2 Maintenance of records.
(a) Any producer of any book, magazine, periodical, film,
picture, or other matter that contains a depiction of an actual human
being engaged in actual sexually explicit conduct that is produced in
whole or in part with materials that have been mailed or shipped in
interstate or foreign commerce, or is shipped or transported or is
intended for shipment or transportation in interstate or foreign
commerce and that contains one or more visual depictions of an
actual
human being engaged in actual sexually explicit conduct made after
July
3, 1995 shall, for each performer portrayed in
[[Page 29620]]
such visual depiction, create and maintain records containing the
287
following:
(1) The legal name and date of birth of each performer, obtained by
the producer’s examination of a picture identification card. For any
performer portrayed in such a depiction made after July 3, 1995, the
records shall also include a legible copy of the identification
document examined and, if that document does not contain a recent
and
recognizable picture of the performer, a legible copy of a picture
identification card. For any performer portrayed in such a depiction
after June 23, 2005, the records shall include
(i) A copy of the depiction, and
(ii) Where the depiction is published on an Internet computer site
or service, a copy of any URL associated with the depiction or, if no
URL is associated with the depiction, another uniquely identifying
reference associated with the location of the depiction on the
Internet.
(2) Any name, other than each performer’s legal name, ever used by
the performer, including the performer’s maiden name, alias,
nickname,
stage name, or professional name. For any performer portrayed in
such a
depiction made after July 3, 1995, such names shall be indexed by
the
title or identifying number of the book, magazine, film, videotape,
digitally- or computer-manipulated image, digital image, picture, URL,
or other matter. Producers may rely in good faith on representations
by
performers regarding accuracy of the names, other than legal names,
used by performers.
(3) Records required to be created and maintained under this part
shall be organized alphabetically, or numerically where appropriate,
by
the legal name of the performer (by last or family name, then first or
given name), and shall be indexed or cross-referenced to each alias
or
other name used and to each title or identifying number of the book,
magazine, film, videotape, digitally- or computer-manipulated image,
digital image, picture, URL, or other matter.
(b) A producer who is a secondary producer as defined in Sec.
75.1© may satisfy the requirements of this part to create and
288
maintain records by accepting from the primary producer, as defined
in
Sec. 75.1©, copies of the records described in paragraph (a) of this
section. Such a secondary producer shall also keep records of the
name
and address of the primary producer from whom he received copies
of the
records.
© The information contained in the records required to be created
and maintained by this part need be current only as of the time the
primary producer actually films, videotapes, or photographs, or
creates
a digitally or computer-manipulated image, digital image, or picture,
of the visual depiction of an actual human being engaged in actual
sexually explicit conduct. If the producer subsequently produces an
additional book, magazine, film, videotape, digitally- or computermanipulated image, digital image, or picture, or other matter
(including but not limited to Internet computer site or services) that
contains one or more visual depictions of an actual human being
engaged
in actual sexually explicit conduct made by a performer for whom he
maintains records as required by this part, the producer may add the
additional title or identifying number and the names of the performer
to the existing records maintained pursuant to Sec. 75.2(a)(2).
(d) For any record created or amended after June 23, 2005, all such
records shall be organized alphabetically, or numerically where
appropriate, by the legal name of the performer (by last or family
name, then first or given name), and shall be indexed or crossreferenced to each alias or other name used and to each title or
identifying number of the book, magazine, film, videotape, digitallyor computer-manipulated image, digital image, or picture, or other
matter (including but not limited to Internet computer site or
services). If the producer subsequently produces an additional book,
magazine, film, videotape, digitally- or computer-manipulated image,
digital image, or picture, or other matter (including but not limited
to Internet computer site or services) that contains one or more visual
depictions of an actual human being engaged in actual sexually
explicit
conduct made by a performer for whom he maintains records as
required
289
by this part, the producer shall add the additional title or
identifying number and the names of the performer to the existing
records and such records shall thereafter be maintained in
accordance
with this paragraph.
(e) Records required to be maintained under this part shall be
segregated from all other records, shall not contain any other records,
and shall not be contained within any other records.
(f) Records required to be maintained under this part may be kept
either in hard copy or in digital form, provided that they include
scanned copies of forms of identification and that there is a custodian
of the records who can authenticate each digital record.
Sec. 75.3 Categorization of records.
Records required to be maintained under this part shall be
categorized alphabetically, or numerically where appropriate, and
retrievable to: All name(s) of each performer, including any alias,
maiden name, nickname, stage name or professional name of the
performer; and according to the title, number, or other similar
identifier of each book, magazine, periodical, film, videotape,
digitally- or computer-manipulated image, digital image, or picture, or
other matter (including but not limited to Internet computer site or
services). Only one copy of each picture of a performer’s picture
identification card and identification document must be kept as long
as
each copy is categorized and retrievable according to any name, real
or
assumed, used by such performer, and according to any title or other
identifier of the matter.
Sec. 75.4 Location of records.
Any producer required by this part to maintain records shall make
such records available at the producer’s place of business. Each
record
shall be maintained for seven years from the date of creation or last
amendment or addition. If the producer ceases to carry on the
business,
the records shall be maintained for five years thereafter. If the
producer produces the book, magazine, periodical, film, videotape,
290
digitally- or computer-manipulated image, digital image, or picture, or
other matter (including but not limited to Internet computer site or
services) as part of his control of or through his employment with an
organization, records shall be made available at the organization’s
place of business. If the organization is dissolved, the individual who
was responsible for maintaining the records on behalf of the
organization, as described in Sec. 75.6(b), shall continue to maintain
the records for a period of five years after dissolution.
Sec. 75.5 Inspection of records.
(a) Authority to inspect. Investigators authorized by the Attorney
General (hereinafter “investigators”) are authorized to enter without
delay and at reasonable times any establishment of a producer where
records under Sec. 75.2 are maintained to inspect during regular
working hours and at other reasonable times, and within reasonable
limits and in a reasonable manner, for the purpose of determining
compliance with the record-keeping requirements of the Act and any
other provision of the Act (hereinafter “investigator”).
(b) Advance notice of inspections. Advance notice of record
inspections shall not be given.
© Conduct of inspections.
(1) Inspections shall take place during the producer’s normal
business hours
[[Page 29621]]
and at such places as specified in Sec. 75.4. For the purpose of this
part, “normal business hours” are from 9 a.m. to 5 p.m., local time,
Monday through Friday, or any other time during which the producer
is
actually conducting business relating to producing depiction of actual
sexually explicit conduct. To the extent that the producer does not
maintain at least 20 normal business hours per week, producers must
provide notice to the inspecting agency of the hours during which
records will be available for inspection, which in no case may be less
than twenty (20) hours per week.
(2) Upon commencing an inspection, the investigator shall:
(i) Present his or her credentials to the owner, operator, or agent
in charge of the establishment;
(ii) Explain the nature and purpose of the inspection, including
the limited nature of the records inspection, and the records required
to be kept by the Act and this part; and
291
(iii) Indicate the scope of the specific inspection and the records
that he or she wishes to inspect.
(3) The inspections shall be conducted so as not to unreasonably
disrupt the operations of the producer’s establishment.
(4) At the conclusion of an inspection, the investigator may
informally advise the producer of any apparent violations disclosed by
the inspection. The producer may bring to the attention of the
investigator any pertinent information regarding the records inspected
or any other relevant matter.
(d) Frequency of inspections. A producer may be inspected once
during any four-month period, unless there is a reasonable suspicion
to
believe that a violation of this part has occurred, in which case an
additional inspection or inspections may be conducted before the
fourmonth period has expired.
(e) Copies of records. An investigator may copy, at no expense to
the producer, during the inspection, any record that is subject to
inspection.
(f) Other law enforcement authority. These regulations do not
restrict the otherwise lawful investigative prerogatives of an
investigator while conducting an inspection.
(g) Seizure of evidence. Notwithstanding any provision of this part
or any other regulation, a law enforcement officer may seize any
evidence of the commission of any felony while conducting an
inspection.
Sec. 75.6 Statement describing location of books and records.
videotape, digitally- or computer-manipulated image, digital image, or
picture, or other matter (including but not limited to Internet
computer site or services) that contains one or more visual depictions
of an actual human being engaged in actual sexually explicit conduct
made after July 3, 1995, and produced, manufactured, published,
duplicated, reproduced, or reissued on or after July 3, 1995, shall
cause to be affixed to every copy of the matter a statement describing
the location of the records required by this part. A producer may
cause
such statement to be affixed, for example, by instructing the
manufacturer of the book, magazine, periodical, film, videotape,
292
digitally- or computer-manipulated image, digital image, picture, or
other matter to affix the statement.
(b) Every statement shall contain:
(1) The title of the book, magazine, periodical, film, or
picture, or other matter (unless the title is prominently set out
elsewhere in the book, magazine, periodical, film, or videotape,
digitally- or computer-manipulated image, digital image, picture, or
other matter) or, if there is no title, an identifying number or
similar identifier that differentiates this matter from other matters
which the producer has produced;
(2) The date of production, manufacture, publication, duplication,
reproduction, or reissuance of the matter; and, (3) A street address at
which the records required by this part may be made available. The
street address may be an address specified by the primary producer
or,
if the secondary producer satisfies the requirements of Sec. 75.2(b),
the address of the secondary producer. A post office box address
does
not satisfy this requirement.
© If the producer is an organization, the statement shall also
contain the name, title, and business address of the individual
employed by such organization who is responsible for maintaining the
records required by this part.
(d) The information contained in the statement must be accurate as
of the date on which the book, magazine, periodical, film, videotape,
digitally or computer-manipulated image, digital image, picture, or
other matter is produced or reproduced.
(e) For the purposes of this section, the required statement shall
be displayed in typeface that is no less than 12-point type or no
smaller than the second-largest typeface on the material and in a
color
that clearly contrasts with the background color of the material. For
any electronic or other display of the notice that is limited in time,
the notice must be displayed for a sufficient duration and of a
sufficient size to be capable of being read by the average viewer.
Sec. 75.7 Exemption statement.
293
picture, or other matter may cause to be affixed to every copy of the
matter a statement attesting that the matter is not covered by the
record-keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part
if:
(1) The matter contains only visual depictions of actual sexually
explicit conduct made before July 3, 1995, or is produced,
manufactured, published, duplicated, reproduced, or reissued before
July 3, 1995;
(2) The matter contains only visual depictions of simulated
sexually explicit conduct; or,
(3) The matter contains only some combination of the visual
depictions described in paragraphs (a)(1) and (a)(2) of this section.
(b) If the primary producer and the secondary producer are
different entities, the primary producer may certify to the secondary
producer that the visual depictions in the matter satisfy the standards
under paragraphs (a)(1) through (a)(3) of this section. The secondary
producer may then cause to be affixed to every copy of the matter a
statement attesting that the matter is not covered by the recordkeeping requirements of 18 U.S.C. 2257(a)-(c) and of this part.
Sec. 75.8 Location of the statement.
(a) All books, magazines, and periodicals shall contain the
statement required in Sec. 75.6 or suggested in Sec. 75.7 either on
the first page that appears after the front cover or on the page on
which copyright information appears.
(b) In any film or videotape which contains end credits for the
production, direction, distribution, or other activity in connection
with the film or videotape, the statement referred to in Sec. 75.6 or
Sec. 75.7 shall be presented at the end of the end titles or final
credits and shall be displayed for a sufficient duration to be capable
of being read by the average viewer.
© Any other film or videotape shall contain the required
statement within one minute from the start of the film or videotape,
and before the opening scene, and shall display the statement for a
sufficient duration to be read by the average viewer.
[[Page 29622]]
(d) A computer site or service or Web address containing a
digitally- or computer-manipulated image, digital image, or picture,
shall contain the required statement on its homepage, any known
major
294
entry points, or principal URL (including the principal URL of a
subdomain), or in a separate window that opens upon the viewer’s
clicking a hypertext link that states, “18 U.S.C. 2257 Record-Keeping
Requirements Compliance Statement.”
(e) For all other categories not otherwise mentioned in this
section, the statement is to be prominently displayed consistent with
the manner of display required for the aforementioned categories.
Dated: May 17, 2005.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 05-10107 Filed 5-23-05; 8:45 am]
Multimedia Inc.
295

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