Hello everyone , please advise "is it illegal to run adult website ,like forum that sharing nude photos -videos without written permission and display nude contant ? this is what i asked from legal advice website lawyers answer me and no one positive with my question 1 answer = What you are doing violated United States law. The better approach is to cease and hire a laywer to advise you about how to go about a lawful business in your field. I have no idea ! what about you guys ?(adult webmasters) you have attorneys ? i have forum and video site ,still no legal complaint but i like to know and maybe useful for others i thought only child pornography that not allowed .... how to prepare if something goes wrong i already use abuse report system and remove reported files and 70% of images & videos hosted on file sharing websites
There is no requirement for an attorney to OK it, its just a good idea. All you need to do is get familiar with the record keeping requirements or you will find yourself in the slammer because the feds will come down hard on you. Its not as simple as checking IDs, you need to retain proof that the person you had was not a minor if you are publishing anything. If you are not the creator of the content the requirements change, but you still have liabilities. See the record keeping requirement here: http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002257----000-.html I would advise consulting with a lawyer and having him on retainer to handle possible legal complaints.
You need express permission from the owner of the photographs or videos to display them on your site - this is regardless of whether or not they are adult or not. If you don't have express permission, you can be sued. Taking them down once notified will not keep you from being sued. It doesn't matter that you found the photos on file sharing websites, it's still illegal if you don't have permission to display them.
Problem is my members uploading them ... i saw thousands of forums doing that and i don't think they have written permission for all of their content... i can't afford a lawyer and i'm in italy ,that mean US law doesn't exist right ?
It depends if you are hosting with a US server or not, but Italy has it's own copyright laws which make it a criminal offense with 6 months to 3 years in prison. I am not sure if they would consider you a contributory infringer under local law. I would find the money to consult with an attorney - but it's up to you.
I'll take your advice .... site hosted on US - i'm in italy and my website not about US or Italy i tryed (Googled) to find any action that took against adult website ...can't find any ,
If you can't afford a lawyer then you probably should not be in a business where the actions of your subscribers might subject you to criminal penalties. I suggest you switch to something 'cleaner' at least until you make enough money to pay for substantial hours from expensive attorneys.
There is no requirement that you have "attorney approval" but without the advice of an attorney, you are taking a pretty major risk. Although you are in Italy, can you say for sure that you never expect to set foot in the United States for the rest of your life? Unless you are absolutely certain, it is not a good idea to ignore US criminal laws. The Child Protection and Obscenity Enforcement Act of 1988, 18 U.S.C. § 2251 et seq., imposes stringent record-keeping requirements on the producers of sexually explicit materials. The Department of Justice (DOJ) takes the position that the law also covers "secondary producers." According to the DOJ, a secondary producer is anyone who "publishes, reproduces, or reissues" explicit material. As others have said, if you can't afford proper legal advice, you should find a less risky business.
There are many ways to find an attorney who fits your needs. Referrals, particularly from people in your business; relevant attorney directories; bar associations; and internet searches are all possible choices (see tips for finding a business lawyer). When you are looking for an attorney who has specialized industry knowledge and experience, other people in your industry may be your best source. Searching the internet for attorneys who have written articles on industry issues would be another good tactic.
Keep in mind also, in the US at least, the burdon of proof is on the party claiming infringement. This would be in the form of a DMCA takedown notice. You have the right to act on that, weather it be to comply or to file a counterclaim. As far as content, get yourself some trustworthy staff, and be vigilant in checking all new uploads, and immediately delete them. Make a disclaimer that states that even though you are vigilant about policing your content, you are providing a service, and are not responsible for the content. Get an attorney to word this for you, I'm just going off of experience from the industry. If you are providing the photos, get a WRITTEN model release form along with a copy of their ID, and other relevent documentation (As outlined at http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002256----000-.html pay attention to Section 2257) And as always, seek professional advice.
here in italy those laws are bit different , i asked (italy) big adult forum owner and he said if i don't store images on the server i get no problem , but my problem is my host is in USA i think better find some law cost attorney , you know someone ?
If your site is hosted on a US server, it doesn't matter where you live - DMCA still applies. If you host outside the US, you need to check into the local laws regarding contributory infringement for images not hosted on your site. Google, Yahoo, Microsoft will still remove your site from their indexes if they receive a DMCA regardless of where you host.