Before we begin, we remind you that Adult Site Broker is not a law firm. In fact, far from it.
While we have done our best to make sure that all this information is properly sourced from vetted sources, it should not be viewed as legal advice. Any advice you require should be provided by a licensed attorney specializing in 18 U.S.C. § 2257 compliance.
Check out our list of the top adult industry attorneys.
What is 2257
Introduction to 18 U.S. Code 2257
Adult businesses, especially production companies and brands that generate original content, must comply with US federal recordkeeping requirements.
Though many of you may already have a general idea of 18 U.S. Code 2257, or simply referred to as 2257, it’s important to remember why this law matters and how complying with it helps ensure that adult content is legal and consensual.
18 U.S. Code 2257 is the benchmark law that establishes legal requirements for retaining records that verify that all performers in an adult production are 18 years old or older.
Proof of Age Recordkeeping
2257 was first added to federal law in 1988 to allow the U.S. Department of Justice to define and enforce laws governing the efforts of producers of sexually explicit material and media to obtain valid proof-of-age documentation for the models they work with and retain those documents. Inspections could occur at any time, forcing producers to keep a custodian of records available and maintain it to facilitate the surrender of those records.
And, being that 2257 is a law meant to protect minors from sexual exploitation, a misstep in recordkeeping could mean that infractions would face criminal or civil penalties.
For you adult entertainment industry newbies, this may seem harsh. But the law is intended not only to protect minors but also to protect those who are transparent and voluntarily comply with regulations.
More recently, the law was amended to enforce the recordkeeping of records for content depicting actual and simulated sexually explicit content. According to the U.S. Department of Justice, this falls under 18 U.S.C. § 2257 and 18 U.S.C. § 2257A, along with their implementing regulations at 28 C.F.R. § 75.
“This means that producers of pornography, or depictions of any sexual activity using actual people, are required to verify that the performers are of legal age (18-years-old or older) by maintaining records of the performers’ names and ages.
They are also required to disclose the location of these records. Under the law, all records are subject to inspection.” As we already mentioned, failure to meet these 2257 requirements could result in criminal or civil penalties.
2257 In Practice
18 U.S.C. § 2257 is a dynamic law. Because of this, it is crucial to understand legal definitions so that you, as a content producer, can better understand what is what when conducting recordkeeping actions and ensuring that your work, in the eyes of the federal government, is legitimate.
The regulation’s definitions also apply to its actual use and practice. Adult companies of all types, shapes, and sizes are likely to deal with the 2257 regulation at some point, either as a primary producer of content and its original publisher or a secondary producer of content and, essentially, a distributor of the content across web platforms, VOD, DVD, magazine, and others.
One factor that is consistent with producers of adult sex content is having models or performers sign recordkeeping documents attesting to their age, legality, and identity.
Before a production, it is common practice to obtain a copy of a government-issued ID, such as a passport or state driver’s license. The performer should be photographed holding the issued document, and then a copy of the identification should be attached to a generated Section 2257 compliance form.
The compliance form should include the performer’s legal name, stage name, date of birth, and age. Also include the project name and the original production date.
In addition, the performer should sign the compliance form affirming the facts that the performer provided and accepting a sworn performer’s statement confirming that all information, including the age of the performer, is correct under penalties of perjury under the applicable laws and regulations.
Producers should provide a copy of the 2257 form to the model for their records and retain the studio’s copy, securing it in a safe place accessible to federal inspectors.
Tools for 2257
2257 regulation and age recordkeeping should be done by a lawyer or under the supervision of a lawyer or compliance officer. However, given the vast expansion of homemade adult content and independent studios distributing content through platforms like OnlyFans and LoyalFans, there are tools to help with 2257 recordkeeping.
For starters, there are online legal services and open-source documentation repositories that offer 2257 release forms that can be filled out, printed, and shared via email, text, or document cloud services, and that provide e-signature functionality.
Try using these solutions to ease 18 U.S. Code 2257 compliance for your next adult shoot:
PDFfiller.com provides a free and downloadable 2257 form (.pdf) and an e-signature field.
The Walters Law Group, an adult-industry law firm, developed and released Quick2257, a mobile app for iOS and Android that provides a simple form-generation experience. All you need to do is enter the required information, complete the prompts, and generate the form. After that, you can share the generated form via email or SMS.
You can share both documents with your custodian of records and quickly generate forms.
2257 Compliance Statements
One more item to cover is the publication of 2257 compliance statements on adult websites. You can find 2257 statements on websites like PornHub, xHamster, AdultTime, Brazzers, and more.
Adult websites that feature original or distributed content are legally required to feature a 2257 compliance statement on their website. The statement should be prominently displayed and easy to locate. The compliance statement should attest to the producer’s efforts to ensure that all performers in the adult content are 18 years of age or older and that the content is legal.
Compliance statements also feature the contact information for the custodian or custodians of the records. This information should include the address of the owner of the site or adult studio. These should be completed by an attorney.
Related Content:
- What are the Legal Challenges Facing Adult Companies Today?
- How Do I Register a Porn Production Company Legally?
- What is Section 230 and Why Should I Care?
We at Adult Site Broker hope you’ve enjoyed this post. Please reach out to us if you have any questions.
