Hi, I have been considering starting a niche adult site within the UK. I will be using original media in the form of pictures and videos of various models that I will hire for the videos and photoshoots, both hard and softcore. Users will then gain access to the media via membership signups. What I would like to know is where I can obtain the legal requirments that I need to adhere to in order to make this a successful and legal business venture. Some areas I need to gain specific knowledge on are subjects like having proof of each models age, and how I should obtain and save the relevant documents to prove their age should I be required by law to do so. I also understand that I will need to draw up a contract with each model, which clearly defines their role/job for each shoot and the fact that the material recorded of them will automatically become ownership/copyright of me and the website. Would this be something I need to draw up with the authentication of a lawyer? If anyone could give me some advice on any of these issues as well as the general legal issues which need to be taken care of in order to start an adult site within the uk, I would be EXTREMELY grateful. Thanks for your time.
Speaking to a solicitor is always the best idea. The photographer will be the person that owns the copyright not the model as they have created the content and therefore it is them that will need to release their rights to you. It is common practice to also have a model release form signed which covers off the usage element if the model complains in the future that they had been miss informed of the purpose of the shoot (ie they alledge they agreed for the video to be shot for personal use only and not commercial distribution). Who is your intended photographer? Yourself? If it isnt then it may be worth using outside photographers to do the shoots and ensure that they have adequate liability insurance in place and therefore if an image does turn out to be inappropriate you will most likely be able to recover the costs from them (or their insurers) subject to your contract with them. Naturally you will need to be careful if you did this of not falling foul of the rules on subcontractors actually being employees etc when only a small number of people are used and they are exclusively working for you. You would need to check the decency laws about what can and cant be shown and get legal advice on how, for example, as a UK company you are impacted by hosting the site on a non-UK server which is subject to the country the servers are situated ins laws (ie can you show harder core material by hosting in a country that allows it or as a UK company are you bound by the same laws no matter where the material is being hosted from)
Thanks for the reply. Yes, myself and my partner in this idea will be taking the photos as well as recording video. We are also hoping on having the models perform their own photo/video shoots and sending them to us over the internet. We will ensure that all models sign a contract and provide proof of age beforehand. I'm a little unclear on this... So despite the fact our site may be hosted on a server in america, we may still have to be compliant with laws within the uk? At the moment we're looking at a suitable adult host and trying to gain knowledge on the implications of using a company based in america. What would be ideal is if someone could give me some links to adult webmaster forums where this sort of discussion may be better suited. Thanks all for your time.
Hi SirPsycho One of my friends runs a hosting company that deals heavily with adult content. we are based in central london. It you wanna pop in for a chat sometime and see how we can help you then PM me. regards
SirPsychoSexy You may still need to be compliant with UK law if you are a UK company and/ or if you models are in the UK. Given the dim view courts take on the "adult" industry as a whole and the high costs involved in breaching the law I would certainly seek legal advice from a qualified solicitor. Not putting disputions on iamsgf or their friend, they are not independant for giving advice as there is a clear vested interest in them saying you will be ok and sign on this line for a 12 month contract.
Astaroth.... i am not here to sell something to the guy as i make no money from it. However we have had alot of detailings with legal issue's in the adult industry and i am just offering some free advice for him. In addition to that, we have also been working on 2 adult products over the past year that i think he might be interested in getting involved it as that is what he is looking to do.