educational

Content Records for European 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 ill-advised 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.

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 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, 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 Larry@LawrenceWalters.com, www.FirstAmendment.com, or AOL Screen Name: “Webattorney.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

From Compliance to Confidence: The Future of Safety in Adult Platforms

In numerous countries and U.S. states, laws now require platforms to prevent minors from accessing age-inappropriate material. But the need for safeguarding doesn’t end with age verification. Today’s online landscape also places adult companies at uniquely high risk for inadvertently facilitating exploitation, abuse or reputational harm, or of being accused of doing so.

Andy Lulham ·
opinion

What Adult Businesses Need to Know About Florida's Age Verification Law

The rise and proliferation of age verification laws has changed the landscape for the online adult industry. A recent and compelling example is the state of Florida, where Attorney General James Uthmeier has filed multiple complaints against major platforms as well as affiliates accused of violating the state’s AV law.

Corey D. Silverstein ·
opinion

Maintaining Brand Trust in the Face of Negative Press

Over the last year, several of our merchants have found themselves caught up in litigation over compliance with state age verification laws. Recently, Segpay itself was pulled into the spotlight, facing scrutiny over Florida’s AV statute, HB 3. These stories inevitably get picked up by both industry and mainstream news outlets.

Cathy Beardsley ·
opinion

How to Switch Payment Processors Without Disrupting Business

For many merchants, the idea of switching payment processors can feel pretty overwhelming. That’s understandable. After all, downtime can stall sales, recurring subscriptions can suddenly fail, or compliance gaps can put accounts at risk. Operating in a high-risk sector like the adult industry can further amplify the stress of transition.

Jonathan Corona ·
profile

WIA Profile: Katie

Katie is the ultimate girl’s girl. As community manager at Chaturbate, she answers DMs, remembers names, and shows up for creators and fellow businesswomen when it counts. She’s quick to credit the people around her, and careful to make space for others in every room she enters.

Women in Adult ·
opinion

How to Stay Legally Protected When Policies Get Outdated

The adult industry has long operated in a complex legal environment subject to rapid change. Now, a confluence of age verification laws, lawsuits, credit card processing and data privacy rules has created an urgent need for all industry participants — from major platforms to independent creators — to review and potentially overhaul their legal and operational policies.

Corey D. Silverstein ·
opinion

From Compliance Chaos to Crypto Clarity: Making the Case for Digital Payments in Adult

These are uncertain times for adult merchants. With compliance tightening and age verification mandates rising, the barrier to entry keeps getting higher.

Cathy Beardsley ·
opinion

Real-Time Insights to Streamline E-Payments and Stop Lost Sales

A slow checkout process is more than just annoying — it’s expensive. In a high-risk sector like the adult industry, even small delays or declined transactions can cost businesses thousands in lost revenue every month.

Jonathan Corona ·
profile

FSC's Valentine Leads Charge for Sex Worker Rights and Financial Access

Before ever stepping into a courtroom, Valentine already understood the power of presence. After all, they’ve shimmied on stages as a burlesque performer, consulted behind the scenes for creative businesses and moved through the adult industry not just as an advocate, but as a participant.

Jackie Backman ·
opinion

Breaking Down HB 805 and How it Affects the Adult Industry

North Carolina House Bill 805 was enacted July 29, after the state legislature overrode Governor Josh Stein’s veto. The provisions that relate to the adult industry, imposing requirements for age verification, consent and content removal, are scheduled to become effective Dec. 1. Platforms have until then to update their policies and systems to comply with the new regulations.

Corey D. Silverstein ·
Show More