Two days ago I put up a poll on my Twitter account (@pornlaw) where I asked Content Creators to tell me what documents they were collecting when they produced their scenes.
Over 25% of the 223 Content Creators who responded indicated either they do not collect a 2257 Document or they do not even know what a 2257 Document is. I suspect that those who responded in that manner are new Content Creators, meaning that they began their career during or after the COVID pandemic when there was an explosion of self-shot content being made by amateurs.
Anyone and everyone who is a long term producer or studio in the adult industry are well aware of 18 U.S.C 2257, the US federal record keeping and labeling law. Mainstream companies and studios have been collecting and keeping these records for decades. (2257 record keeping began in 1988)
If you want to learn more about 2257 click here -> https://adultbizlaw.com/2012/10/22/porn-101-18-u-s-c-2257-the-basics/
To make 2257 easier for Content Creators to understand I created this illustration. I have listed each document that is needed and the legal requirements for each document. If your documents do not meet every single requirement listed then your docs are either violating the law or not legally valid (Please note that if your model release doesn’t state the compensation, it’s not a valid contract).
If you are a US based Content Creator and you are not collecting all 3 separate documents/IDs when you are producing your scenes, you are violating 18 U.S.C. 2257. Violations of 2257 are considered felonies and punishable by up to 5 years in a federal prison. Each violation is an additional 5 years.
While it is not likely you will be criminally prosecuted, what is far more likely is that your content is not “legal” and cannot be monetized. While you may be saying to yourself, I don’t believe you, my content is up on __________ platform, and I am making money from it. And while that may be true now, if your account is terminated at some future date you may not be able to sell it anywhere else.
If the platform you are on doesn’t insist on compliance with 2257; it might be because they are set up offshore, and they do not need to comply with 2257. It may be because compliance for them would be extremely cost-prohibitive, or they simply do not understand the law. Do not rely on the platform to protect you legally.
Whatever the reason may be, every US based Content Creator has to comply with 18 U.S.C 2257. You considered the Primary Producer. As the Primary Producer you MUST collect the documents, organize those documents, keep them available for inspection by the FBI and properly label your content with a 2257 Notice (that’s another requirement for another article).
The last time the US government pushed to enforce 2257 in 1997, 40 million pages of porn disappeared from the Internet overnight. History has a way of repeating itself. If 2257 were enforced today, 400 million of pages of porn may disappear.
This time it might not be the US government enforcing 2257, it might be VISA or Mastercard and the credit card processing companies. We have recently seen Pornhub and XVideos lose their credit card processing. It is not impossible that VISA and Mastercard may tighten up their 2257 requirements forcing platforms to ensure compliance. And if you cannot prove that you have the legally required documents, you might have your account terminated. So your side-hustle or perhaps your main career can be wiped out in a blink of an eye. Many Content Creators and producers were financially hurt by the loss of credit card processing by Pornhub and XVideos.
And here’s where you need to panic, 2257 Documents cannot be back dated. They MUST be filled out, and the ID copied at the time of the production of the scene. If you have shot 200 scenes for your platform account, and you do not have all 3 of the required documents, you cannot backdate the form and make your content compliant. The only thing you can do is to collect the correct documents moving forward. Even if the platform does not require all 3 documents, you have to comply.
For foreign based Content Creators, since 18 U.S.C 2257 is a US law, you may not feel that you do not need to comply. However, if you want to start your own website at some point in the future, you should comply anyway. Most of the credit card processing in adult is handled by two large companies, CC Bill and Epoch. Both are US based and require compliance with 2257 in order to approve your account.
A legally compliant 2257 Document is part of my packet of production forms. I sell a packet of 7 forms that are updated and legally compliant not only with 2257 but also the new VISA and Mastercard regulations. (Click https://adultbizlaw.com/2694-2/ )
I always advise my Content Creator clients to keep 2 sets of records. One that you prepare for the platform, and a set that is legally valid and compliant. A platform may force you to use their documents. If so, use them for the platform and prepare another set for yourself. And if you work with talent that refuse to provide you a copy of their ID or sign the 2257 Doc, you simply cannot work with them.
If you aren’t compliant, start today.
If you need advice on how to become compliant, at the bottom of this page you can schedule a 30-minute consult online and pay for it through PayPal.
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