Vertigo Multimedia Inc. All Rights Reserved. This E-Book Is Completely Original, and Owned and Copyrighted by Vertigo Multimedia Inc

1 Welcome!

You are about to embark on a life changing event: your entry into the multi-billion dollar adult entertainment industry. I know it’s changed my life!

You should know that this is not a way to get rich quick. It will require time and effort on your part. But I know of no other business that you can start with very little initial investment, and grow to such proportions that you become a millionaire. The business is fun, has a huge demand, and can be approached with some anonymity. Add to that the fact that you don’t need employees, can live just about anywhere in the world where you have access to the internet, your website will be working for you 24 hours a day, 7 days a week, and working with some of the worlds most attractive women is part of the job description. To me that’s the perfect business!

I’ll be describing everything in the most simplistic terms, since I have to assume that you know little or nothing about computers, the Internet, and the adult entertainment industry. I want to be as thorough as possible, so you not only get your moneys worth, but enjoy the same level of success I have.

There is also an extensive appendix at the end of this document, listing everything you’ll need to get your business up and running: links to webmaster resources, content providers, web hosting companies, TGP’s, model releases, free things you can add to your site, and a myriad of other useful sources. Also, I have included some of the laws you’ll need to know. Let me tell you, THAT’S dry reading!

Where To Start

So you’ve decided to take the plunge and start your own adult entertainment business. First up, you need to determine what kind of erotica you wish to offer, and what medium: the internet, video, or both. Will you be a generalist, catering to a variety of tastes? Or will you specialize in any one of the popular genres: teens, lesbians, oral, anal, cheerleaders amateurs, porn stars, hardcore, soft-core, voyeurism… it’s a long list!

2 If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free updates of this e-book. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

I have found these two sites a good benchmark of what niches are popular: http://www.gspotnews.com, http://www.sexniches.com/tgp.

Will you be selling videos, DVDs, cd-roms, access to pictures, sex toys, or all of the above? Will you be making your own content or purchasing it from any of the many content providers?

You can do it all. The way to create wealth in this business is to have several different ventures each bringing in there own revenue stream. For example, you may have several small websites with members areas, and a line of movies on eBay.com, Ebanned.net and Hotmovies.com, each constituting a small trickle of revenue, but all those trickles combined will add up to quite the river. For example, every couple of weeks I receive a cheque for money made from my websites, and everyday I receive cash in my p.o. box from sales of my DVD’s on the various auction sites. (Yes, people will send you cash for your movies. This is a tremendous cash business). So those are two very lucrative revenue streams, one of which is cash. In fact, on E-bay, have a look for my listings. My name on E-bay is producers_lounge. Remember to click on “search for items by seller”. Then click on “view sellers items”. You will see all my auctions. I have 5 or 6 auctions of the same DVD’s that I keep relisting over and over again, and these DVD’s bring in an average of $3,000 per month. I also sell the same DVD’s via one of my sites, www.prettyteenvideos.com. The DVD’s consist of no sex, just pretty young women getting naked and talking about their sex lives. That’s it. But it’s what people want to see. The hard core standard LA produced stuff can be obtained anywhere. But the real amateur content isn’t that easy to find. It’s cheap to produce and in high demand. That’s merely one revenue stream.

3 Start thinking of yourself not as a webmaster, or film maker, or photographer, but as an adult entertainment entrepreneur, building your business empire. Who’s watching? The majority of consumers are mostly men watching by themselves, and what they wish to see depends upon the medium. If it’s a movie from a video rental store, generally they will consider plot and dialogue a complete waste of time. They want to see innocent, beautiful young women having wild sex, and they fast forward from sex scene to sex scene. That’s the reason “Gonzo” videos are so popular. Full length features with plots, nice settings, high production values, and love-making as well as sex, seem to appeal primarily (but not exclusively) to couples and women. These cost much more to produce, but often bring in soft core cable and satellite money not available to gonzo videos. On the Internet sex sells (of course), but there is also a large market for non sex content, consisting of genuine amateur girls talking about their sex lives and getting naked, and no sex.

People hear the words “adult entertainment” and immediately conjure up images of hard core penetration and cum shots et al.

But consider this: one of the most successful lines of adult videos, Girls Gone Wild, has no sex. I bet you’ve heard of the producer of this franchise of videos: Joe Francis. Joe is 30, has a massive house in Florida, a helicopter, a COUPLE of Ferrari’s, and a Gulfstream jet.

And Joe doesn’t produce sex movies.

Is it considered porn? Probably, and to most, definitely. Who cares? Joe is a millionaire many times over, is having fun, and is hurting nobody, and THAT’S what life is all about.

4 And there’s Karup Lou. Lou owns a website called karups.com, that has made Lou a multimillionaire several times over. You won’t find any of Lou’s content in adult video stores, or on cable or satellite. Only on this one website, which features pictures of unclothed women, and no sex. And this one website has earned Lou enough money to invest in real estate, which has made him more millions.

Lou used to be penniless, working as a helper in a grocery store. His website changed his life and made him an unbelievably rich man. By the way, you can read more about Lou, as well as interviews with other industry biggies, at the following website: www.ambushinterview.com

Why do I tell you this? To open your mind. Think of adult entertainment as more than people having sex.

My goal is to get you started in this business with the money and resources you have. The chances are you don’t have much (nor did I when I first started). So the bottom line is this: creating content that depicts acts of sex is more expensive than content depicting only nudity. Yet there is a massive market for both.

And that’s what many people fail to realize. You don’t need spend ten thousand dollars to produce a movie that you hope will get picked up for distribution. You can get into this business fairly inexpensively, which a relatively modest website, and work your way up to the point where you have several websites and perhaps a line of movies distributed via adult movie stores, satellite, and cable.

Or perhaps you will prefer to devote all your energies to the Internet. A lot of people do, and it’s paying off for them. I am one. I find it more lucrative to concentrate on my internet ventures.

5 Depicting sex is required in order to get your movies distributed among retail video store markets, but the Internet is an equally huge market, and there is a significant non sex market. So don’t think you need to portray sex in order to make money. Guys want to see girls naked. They could be having sex, they could be dusting furniture while they are naked, or washing cars, or smoking cigarettes, or anything.

So where to start? Well, back to content… what ever turns YOU on, the chances are there are millions of other people who have the same taste. There’s your market. Start with what interests you, add whatever is special about you, and you’ll have a unique product.

The best way is to find a niche, of which there is no shortage; there are specialty movies and websites that appeal to a specific audience, such as people who like B&D, older women, heavier women, gang bangs, foot-lovers, oral, anal, balloons (incredibly, there is a huge market for naked women frolicking naked amongst balloons), interracial, and on and on.

My tastes run to real amateur teenaged girls who talk about their sex lives and get naked. No sex required. Often, less is more. This genre is increasing in popularity on the internet and is largely un-catered to. And here’s the huge bonus: it is easier and a LOT cheaper to find a young woman who will shed all on camera than it is to find a woman who will have sex on camera. Cheaper and easier… and profitable.

In fact, a couple of wildly successful websites contain no sex whatsoever… just nudity. Have a look at www.mattsmodels.com, and www.danni.com (Danni.com is a ten million dollar a year website, by the way. Now that’s serious money). Also, have a look at www.bangbros.com. They have a variety of sites, and they average $300,000 per month.

6 Again, go back to your tastes. What are the sites and movies that you personally like? Start there. View the sites and movies that appeal to you, figure out why you like such content, and build your concept upon that.

And research!! You must understand the niche that you are catering to. It’s also important that you actually like the niche. Your audience is more astute than you think. You won’t be able to fool them if you’re not into it.

For example, feet. Talk about a niche that is taking off. Pics and video centered around feet. An easy niche to get into, one that is booming, but I personally have no clue or interest in feet.

In fact, feet turn me off. So for me to put together a site or make movies about feet probably would not be successful because I am not in tune with the fetish, and hence would not be on the same wavelength as the audience. Anybody into feet will know this just by looking at the material I produce. Instant failure.

So research the hell out of whatever niche you decide to get into. Google the niche, review every site you can find. What are they doing that you like, that you don’t like? In what areas can you see that they can improve upon? What are they missing that you crave? More pics, different angles, more or less of something? Eventually your mind will start generating ideas pertaining to what you would do with your own site or movie.

So the bottom line: if you’re targeting movies for video store distribution you will needs lots of sex scenes (and hence a bigger budget). However, the Internet is much easier to get into if you are on a budget. If you are starting a website you have more leeway in your offerings. You can get away with nudity and no sex, and thus a much lower production budget. Non sex content is much cheaper to produce, and there is much greater opportunity to create niche content. If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free updates of this e-book. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

7 Another facet of the Internet is that you don’t have to create your own content.

Here’s an exciting thought: it could be you (or I, or both of us) who think up a new genre. Really, you’re only limited by your imagination. The eventual goal is to have you sitting atop an adult entertainment empire, with many different websites and lines of movies distributed to adult video stores.

A bit about me… I was a high tech wonk. I was an IT Manager for a large corporation in Dallas. I had an impressive salary: $110,000 per year, but I just wasn’t happy. Oh, the money was great, I was certainly happy about that, but I hated my job. Worse than that I felt completely dislocated from my job and my coworkers. I could not get excited about the things they considered important. I didn’t care about compiling stats, making pie charts, monitoring networks, etc.

It was like I was outside of my body and watching a movie about an overpaid, deeply unhappy 40 year old guy going through the motions of his job, pretending to be excited about things his employers considered important, doing it only for the paycheck, but knowing that there was more to life than this.

One day I found myself in Las Vegas at yet another dull technology trade show. On my way back to my hotel, I got to chatting with the taxi driver, and told me that his cab was used in a program called Taxi Cab Confessions. Then he told me about some of his fares that day, many of whom were porn starlets going to the porn convention in town.

Porn convention in town? I had him take me there. I got in (anybody can get in) and made the rounds. Basically, it was a convention center full of booth and tables consisting of people who had product for sale. A number of porn stars were there (Jenna Jaimeson being one).

8 I was fascinated. For years in the back of my mind I had always entertained the thought of getting into the porn business, and yet here were people actually doing it.

Somehow, and I cannot remember the exact sequence of events, I ended up being invited to one of the after hours parties. It was a surprisingly classy affair, complete with white gloved waiters, a string orchestra, and expensive cigars.

I circulated and talked to a lot of the people there. I came away with a big realization: a lot of the people I had talked to that night, and were raking in big bucks, simply put, were not overly smart.

This doesn’t mean that there are no smart people in the porn business! There are, in fact, some very smart people. But it also occurred to me that you need not be smart to make serious money in this business, and that a reasonably intelligent person who applied sound business principles could amass a great deal of wealth.

Off I went home to Dallas, with a whole new plan ☺

I would start an adult website, but I hadn’t a clue where to start. What do I create, how do I find talent, how much do I pay them, etc?

Eventually I met a fellow in Dallas who was incredibly good at creating video, but not so good at marketing. So we agreed that I would create videos of his content and sell them. I was in business!!

After I edited the content into marketable videos, I put together a website, submitted a gallery of pics to the biggest TGP on the net, The Hun (if you don’t know what a TGP is, worry not, I will get to this shortly), which they accepted….

….and then listed…

… and then I sold six tapes, and ended up with a bill for $3500 from my ISP.

Wow.

9 Unbeknown to me at the time, I had made every mistake possible. The wrong ISP, the wrong TGP, the wrong content, the wrong target audience, etc.

I decided to learn everything I could about this business, and get my slice of this big pie. Eventually I did, but it was a rocky road.

“Ya, but there’s a gazillion people doing it already”

I hear that a lot. That and “well, if it’s so good, why isn’t everybody doing it?”. The latter really gets my goat because it is so small minded. Anybody asking that is destined for a life of drudgery working a job they hate.

The fact that a lot of people are doing it (this applies to any business category) demonstrates that there is a market for it! All the more reason to get into it.

Recently I was at a producers symposium where I had the great fortune to chat face to face with Steve Lightspeed. Steve is a major player, one of the first on the internet. You’ve probably seen his sites, he has many. Oh, and another instance of a successful person who does not depict sex, only nudity.

Steve: “People think the internet is saturated and there are no opportunities, no room for start ups. I disagree. The hardcore market is bigger but also more saturated. Fresh amateur nudity is in high demand and not saturated. The internet has barely scratched the surface as far as innovation and creativity”

Words of wisdom from a wildly successful man who is a millionaire several times over. How did Steve get into the business?

Steve: “When I was a teenager I enjoyed looking at pictures of naked young women. Natural, pretty looking women. Not many of the sites

10 available delivered what I was looking for, so I started my own site. I took pictures, quite tame pictures, but they were pretty natural looking girls. And I just kept opening new sites”

What would Steve do if he was starting out today?

Steve: “If I was starting out today I would go to the sites that I visit every day, figure out why I like them, and build a site based on that”.

Which is almost word for word the same advice I imparted a few pages ago. If you don’t take it from me, take it from one of the major players in the business today. Know what YOU like, and start there.

So anyway, back to the business that you wish to start. Use your imagination. Your first venture will be an equation of imagination, your personal taste, product demand, and available budget.

Sound like a plan? Let’s start with finding and dealing with models, and then we’ll discuss websites and movies.

I want to produce my own stuff. Now what?

If you’re going to create your own content, whether pictures, video, or both, the following section is key. You’ll need to know where to find models, how to deal with them, what to do with the finished product, and, most importantly, how to cover your butt legally.

I see four areas of profit for a producer:

An adult website, whereby you charge access to your videos and pics. This could include the ability to order your video from your website. A content provider, whereby you license your pictures and videos to other websites.

11 Selling videos to adult video rental stores. Your best bet would be to go through a reputable distributor. (More about that shortly) Producing DVD’s and selling them via various websites on the Internet.

Or you can do all four. So we’ll talk about all four.

One thing to keep in the mind (again)… pretty well anything goes on the internet. You can get away with content consisting of only nudity (and no sex) on the Internet. However, movies for distribution via adult video stores do require sexual content, and hence are more expensive to produce.

What Type Of Content To Create?

You’ve already decided that; amateur, teens, mature, lesbian, whatever, it’s your choice. The approach will be the same, that is, it needs to be material that arouses the viewer. Simple, huh? So why is there so much crap out there?

Because of lack of imagination. People prefer to imitate. Imitate and you’ll get lost in the crowd. INNOVATE, and you’ll be a trail blazer, and you’ll be on the path the riches.

Watch any video from Rodney Moore, Ed Powers, or Seymore Butts. Those three have their own style. If they had decided to imitate everything else on the market today, they would be nobodies. Instead, all are millionaires many times over.

Ask yourself “self, what turns me on?”. If it turns you on, you can bet that several hundred thousand, or even millions, of other people will find it appealing as well.

Here is what I have found to be the difference between mediocre performance and great success. The successful product,

12 whether movies, pics, or website, have a connection with the models.

I want to expand a bit more about that because it’s how I achieved my success. I wish somebody had pointed this out to me years earlier, when I was just starting.

People want to feel that they have an emotional connection to the model. Create an emotional reaction to the content being shown. It could be love, hate, humor, whatever.

I use humor and personality. In my movies I play a character of a mid-forties guy who in a million years wouldn’t be able to get an 18 year old girl to get naked before him. There is a lot of humour and banter. The formula works well.

And here’s the kicker: there is no sex. It gets back to what I was saying earlier. If you want to produce your own content and don’t have much money, start with nudity, no sex. It is cheaper to find attractive women who will appear nude but not engage in sex. My Pretty Teen Videos line has little sex, but is wildly successful. People WILL pay to see attractive women get naked, regardless of whether they have sex or not.

When you are creating video of a model it is just as easy to engage her in conversation as it is to just roll video and watch her. If she’s talking and laughing and clearly is having fun the video will be far more appealing. If what is on cam is fun, the people watching will be having fun, and they WILL come back to buy more of your movies.

When people buy one of my Pretty Teen Video DVD’s, they know they will be spending an hour with a natural young woman who is being herself and having fun. Lot’s of talk about her sex life, seeing her laugh, being a real person. It’s as close as you can get to being there without actually being there. If you want an example, buy my

13 Cody video, from my PrettyTeenVideos.com site. This is my best seller. It cost $200 to produce, and generates thousands of dollars in sales every month. Every month!

Long before we get to any nudity there is “real people stuff”. We hang out at a mall, for example, so the viewer can see her in tight jeans or maybe a mini skirt. It’s important to whet the appetite of the viewer. They want to be tantalized and use their imagination before getting to see “the goods”.

So in my movies the viewer has a connection to myself and whatever young lady is on cam.

What’s her story? I like to build little stories around my models. It adds plausibility to them being real people. For example, perhaps one of my models is an airline stewardess, and we talk about that for a bit. Then I slowly turn the conversation to sexual matters and eventually we end up talking about her sex life.

Guys love hearing women talk about sex. Hence the amazing success of phone sex lines, where there isn’t even a visual component.

So what is her story? What’s the scenario? What will make people pay to see her?

We’ve all seen those pics and video where the model is disinterested and looks bored and is merely going through the motions. Rare are the depictions of models who are having fun and smiling and want to be there. That is a connection. The viewer can identify with that.

A connection can be as simple as a young hottie dressed in a cheerleader outfit doing some cheers then getting naked. Connection: anybody who has lusted after cheerleaders.

14 Look at it this way… imagine if you walked into a video store and every movie was the same. Would you go back? Of course not.

And this is interesting: very few people create their own content. Most people buy it from others. That’s why everything looks the same on the internet, and also why there is so much opportunity to create something different and become very wealthy.

At any conference I have been too, whenever the speaker asks for a show of hands from the people who produce their own content, very few hands go up. It’s shocking. It’s a very low percentage. Most website operators use purchased content… the same purchased content that everybody else uses.

As you can tell I am a big proponent of producing ones own content. It really is the most effective way of standing out from the herd and achieving success.

Exclusive content, that is, the content that YOU produce and hence is exclusive to your site, has dramatically better retention rates, meaning when a member signs up they are more likely to remain signed up. Plus exclusive content yields a much higher sales ratio, that is, the ratio of people just visiting your site versus people who sign up and pay to access your members area.

To reiterate, for a successful line of movies, pics, or a website that will all keep people coming back for more, you’ll need a concept, and a way to create an emotional response. Find a style and stick with it. If your style is laid back amateur like mine, stick with it, because your audience will come to expect it. And remember, the best content takes time to work up to the action, whether it be still photographs or video. Entice the viewer, let them see your gorgeous model dressed provocatively, tease me, make me want to see her naked. I’ll be getting into the fine art of direction later, but first we need a model (or two, or several)

How do I find models?

A number of methods have proven effective for me. Ads in community news papers and student publications have worked, as does posting on craigslist.org. Strip clubs can be a good source of talent. Print up some business cards with your number, and the url of your website if you have one (if you don’t, that’s nothing to worry about). Then start making the rounds of the strip clubs.

Strippers can look hard, tired, and haggard. However, often you can find young ladies just starting out, who haven’t been tainted by the business of stripping. Also, you would be surprised how many strippers are just doing it to make money to pay for tuition. You’ll find all types in strip clubs.

If one of the dancers catches your eye, invite her to sit with you. Be friendly, and make small talk, and then let her know you’re in the adult entertainment industry, and you are scouting for new talent for upcoming projects. It’s important that you look and sound professional, and not a sleaze who merely wants to get laid. Women can smell that a mile away.

If she seems interested, offer her your card, and ask for her number in return, but don’t be offended or surprised if she doesn’t give it to you (hey, there’s a lot of crazies out there. You may not be one of them, but she doesn’t know that).

Indeed, a professional looking business card goes a long way towards establishing credibility. Having a card that refers to a website is even better.

16 If she gives you her number, ask when the best time to call is, and then call at that time. If she doesn’t give you her number, ask her to call you so you can both explore possibilities further. Either way, if she’s interested, you’ll end up talking further.

When she calls you, or you call her, make friendly small talk for a few minutes. It’s important that you establish yourself as a down to earth, professional, and (above all) safe, person.

Then get to the details of the project. Tell her what you want from her, for how long, and the price you have in mind. If she agrees to all this, you’re in business. You’ve just cast your first shoot!

Another good way to find models is through an advertisement in a publication. Keep it local. Community and college publications work well, as do newsletters and college bulletin boards. The cost of tuition is a nightmare, and college students are always on the lookout for extra money. Plus, porn is considered cool by a lot of young women.

Also, consider this: many women shed all, or think about the prospect, just for the experience. I’ve had a lot of girls in front of my cam doing it for next to no money because they are fulfilling a fantasy. Women like to be the center of attention. That is an angle that you can work quite well.

The internet is a good place to find talent, specifically sites such as www.onemodelplace.com, www.adultfriendfinder.com, www.adulthollywoodnorth.com, and www.Craigslist.org

When you get a little bigger you may try one of the agencies that represent adult entertainers, such as World Modeling Agency just outside of Los Angeles. You can check out their website, www.worldmodeling.com

17 Keep your ad concise and to the point. A good example would be:

Nude Figure Models Wanted!

Girl Next Door type.

Professional, Safe Environment.

Call (your number here)

Or something like this:

OPPORTUNITIES FOR ATTRACTIVE WOMEN!

MAKE MONEY

FOR NUDE MODELING WORK

INTERESTED?

CALL xxxxxxxxxx

TO SPEAK WITH xxxxxxxxxxx

Or:

FIRST TIME MODELS REQUIRED

Looking for natural looking

Women for Internet modeling

Opportunities.

Call xxx-xxx-xxx

Don’t wish to list a number? You can just as easily list a website. I have a very classy looking website setup to function solely as a recruiting device. Prospective models can point their browsers there and have a look at some samples of my work and email me if interested. What also works well is to have a brief online

18 questionnaire that prospective models can fill out, listing the different types of modeling they are willing to do, for example:

• Bathing suit • Fashion • Glamour • Partial nudity • Nudity

Anybody who clicks on the nudity and/or the partial nudity options I will call. Otherwise, I don’t follow up with them.

However, not everybody has a computer, so don’t restrict yourself to recruiting prospects only via the Internet. What also works well is a business card. Create a modeling agency (it need be in name only) and have cards printed up with the modeling agency name on it. I hand out cards with the name of a production company on it, so I present myself as a producer.

This is merely an example. You can word it any way you wish.

When women respond to your ad, explain to them that you do photo shoots and produce adult oriented video. You’re looking for nude models, but will also consider them for adult video work, if they wish to explore that possibility.

Remember, be polite and friendly. You’re a professional. Do not ask them about their favorite sexual positions. Don’t mention sex at all.

If they are still interested, arrange to meet them in a public place, preferably a café. Meet during the day. Remember, she knows nothing of you, except what she has garnered from the ad and the phone conversation. A neutral, safe location during daylight hours will work wonders towards making her feel relaxed and confident. Women, especially attractive woman, deal with a lot of creepy guys in their everyday life, so your prospective model feeling safe is an issue.

19 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

You want to break the ice, and also ensure that your prospective model feels safe. Make small talk. At this point you are establishing report. Ask about where she is from, what she enjoys doing, pets, what she is studying, etc. Then when you’re both at ease, you’ll find it easier to ask about the type of things your subject would be open to doing on camera: straight nudes, oral, anal, lesbianism, etc.

Don’t be hesitant to rely on flattery. Telling a prospective model that she is very intelligent and has a great personality on top of being strikingly beautiful helps break the ice a bit, and will get her more interested in modeling for you. Then you can talk about her fee and the specifics of what you’ll hire her to do.

Spring Break! Each year thousands of attractive young ladies flock to various hot spots to enjoy spring break. The big four are Daytona Beach, Fort Lauderdale, South Padre Island in Texas, and Palm Springs. You may also wish to check out Lake Havasu, Arizona. A lot of producers follow them, in search of attractive and inexpensive talent. With so many beautiful young women concentrated in these areas, it’s not at all difficult to find willing participants for your movies. They go to unwind and have fun, often leaving their inhibitions behind.

What really works in our favor is that a lot of them end up running out of money very fast. It’s highly conceivable to spend a week at one of these locations and come back home with enough content to put two or three movies together. And the words “Spring Break” on a box cover don’t hurt sales, either.

Let’s not forget about Las Vegas! This city is packed with beautiful young women. They are everywhere, many of them working as dancers and strippers. A lot of them would be very open to being in your movie if you come across as a pro. Vegas is full of hustlers, fast talkers and fly-by-nighters, so be your sincere and professional self. A good source is the want ad section of Las Vegas X Press, which you can find in just about any convenience store.

20 Definitely hit the strip clubs. The women who work there are stunning and usually open to considering video work. Remember to provide your contact info to whatever lady you speak with. Inform the ladies that you will be in town for just a little while and you are looking for potential talent to star in one of your adult videos. Yep, it’s really that easy to do.

Really, amateur models are everywhere. They are plentiful, willing, and available.

Here are a few more steps that will help ensure that your photography/video experience is pleasurable, profitable, and legal. 1. Find yourself a female partner. This is NOT a requirement. However, girls respond better to other girls. If your target is exceptionally hot, chances are she has already been approached by every con man in sweat pants in your area. She will be wary. She will be skeptical. She might just say no. Hire a girl to be your “front man”. Pay her a nice commission for every girl she gets to model for you. Basically, you are paying this girl to hang out at places girls like to hang out at and talk to other girls. Is there an easier job in the world? Give her $50 for every girl that she brings to you that actually gets naked for you. 2. Let them know what you expect. At your first meeting, tell them who you are and what you do. If this is not the first girl you have ever recorded on video or photographed, show her samples of your work. If you have a website and have Internet access at your first meeting, show them your website. Showing them that you have experience makes you less of a creep and more of a professional. Tell them about the shoot and exactly what it is you expect from them. If you are going to ask them to masturbate, let them know that. If vegetables are going to be involved, let them know which vegetables you will be using, and what parts of their body you expect her to be using them on. Tell her who will be present at the

21 shoot and what each person’s role is in the shoot. Explain to them your policy on boyfriends / husbands / fiancés being present at the shoot. Your policy is not to allow it. You don’t want strange people wandering through your house! If she balks at that, be diplomatic, and tell her that her bringing somebody would upset the balance of the shoot. This is your livelihood, after all. I have had a few pros tell me “I’ve been working with photographers for years and you’re the first who doesn’t want me to bring a chaperone”. My response: “yes, but I’m not a photographer. I’m a film maker, and by bringing somebody you will upset the balance of my shoot”. If she still balks, perhaps it’s time to bypass this young lady as a prospect.

3. Give them the paperwork. At your first meeting, give the model all the paperwork that she (or he) will be required to fill out and have her return it to you the day of the shoot, already completed. The last thing you want is for the model to later claim that you didn’t give her enough time to read and understand the model release. 4. Tell them what to bring and how you want them to look. Spell out for them exactly what you want them to bring and how you want them to look the day of the shoot. If you have specific outfits in mind that you will not be supplying, make sure that they understand that and remember to bring them. If you want their hair and makeup to be done a certain way, let them know that too. Make it clear that hair and makeup is to be done before they get to the shoot. Girls take a long time to do their hair and makeup. The last thing you want to be doing is waiting for them to do it. When they hit your place, they are on the clock. Make sure that all of their essentials are taken care of in advance, on their time. Most important, write all this down and give it to them so they don’t have an excuse when they forget something.

22 5. Tell them how much you are going to pay them and when. At your pre-shoot interview, let the model know exactly what she is going to receive for getting naked for you. Tell her the dollar amount, and the period of time that she will be working. Write this down on the release that you give her so that there is no misunderstanding the day of the shoot. Also, pay the model the day you shoot her. When you are all done with the shoot, discuss with the model how she did, and hand her the cash (or check). You’ll also need to agree about this ahead of time, whether she prefers cash or checks. 6. Explain the negatives. Be very upfront and honest with them about what they are committing to. Explain to them the reason for a release and what the release does. Explain to them that the pictures that they are about to allow you to take belong to you, will always belong to you, and that they will never have any rights to those images. Ask them if they are concerned about exposure. Explain to them that if they are concerned that somebody they know might see the pictures that they probably should satisfy their kinky sex fantasies another way. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc. This is important not only for them, but also for you. The last thing you want to be doing three weeks after the shoot is dealing with a crying model. Keep in mind that this is a business, although there are not very many businesses that are as fun and exciting as this one is. Treat the models with honesty, and respect, and before you know it, her friends will be calling to arrange their pre-shoot interview. There is NOTHING like word of mouth to help you build a nice stable of girls to work with. Treat the models poorly and you won’t be able to hire a blow up doll. Most of all, relax and have a good time!

23 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

YOU NEED TO KNOW HER AGE! It is illegal to film, video or photograph anybody under the age of 18. And they must prove their age. Ask for two pieces of identification. The US government on June 23rd 2005 passed a tough new law (18 U.S.C. Sec. 2257) that states that producers of adult entertainment must have copies of specific forms of identification of their performers. Section 2257 is ostensibly aimed at preventing the exploitation of minors in pornography. I have posted the entire amendment, as well as the complete law, at the end of this document. And, man, is it dry reading….

Basically, all it requires is this: you must have at least two of the following: a passport, a state driver’s license or an identification card issued by the same governmental entity that issues driver’s licenses, a “Green Card” or “other employment authorization document issued by the United States”. The overall requirements are that the ID a) contain a photo of the individual identified, and b) be issued by the federal or a state government.

I’ve never had a model be able to provide two forms of photo ID. So I will accept a driver’s license and a SIN card. One has a photo on it, the other does not, but both are government issued.

If someone looks young and doesn’t have one of those, that should set off an alarm. Have them bring those items with you when you first meet. Before you do any work with a model, photograph or photocopy her two pieces of identification. Keep duplicates. What I do is video tape them holding both pieces of ID beside their face as they say into the cam who they are, their age, that they are not on drugs or drunk, that they know what they are about to do, and what they are doing, and they are there voluntarily.

24 Like any other records, it is imperative to have an off-site backup. The last thing you need is to have your records destroyed in a fire, ending your ability to distribute your library.

I cannot stress the importance of this enough. The onus is on you, the producer, to be able to provide to the Department Of Justice, on demand, two forms of ID for every model that has appeared in any material you have created.

On your website you will have a link, or button, labeled “2257 Compliance”. This will take the visitor to either an address where all your records are kept, or an email address or contact form that the visitor can use in order to submit an inquiry.

Even if you are NOT a US based website, you must have this, because no billing company will do business with you without it. Interestingly, only 25% of US based websites have this link on their sites (one wonders how they get billing). You can bet those will be the first sites that the Department Of Justice goes after. If inspectors show up on your doorstep, you’ll be covered because you have all the proof of age and identification you require.

YOU DO NOT WANT PROBLEMS WITH THE GOVERNMENT! With a few simple steps, you won’t.

What to pay your models: It depends where you are and at what level of production you are at. I am assuming that if you are reading this e-book that you are not a high level producer in Los Angeles, and that you’re just starting out. At the top level of the industry you could pay an actress $1000 per scene!

At our level (starter to mid level), $300 - $600 is a common wage per segment in the industry. The price varies depending up the quality of the actress and what she will be doing in your pictures or on video.

You’ll pay more for models willing to have sex on cam than you will for models who will merely be getting naked.

25 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

I start with $75 per hour for straight photo shoots, with a 3 hour minimum. I’ll pay up to $125 per hour for a picture and video session when oral sex is performed.

Or you may have one of those complete amateurs who are doing it for the thrill of the experience. If it is only nudity, you can often get women to pose quite inexpensively. A lot of young women consider it cool to be on the net, it gives them bragging rights. I’ve done shoots with stunning young women who get naked and masturbate and paid them less than $50.

I’ve found that the following tactic works well for this type of model; I’m a photographer (or film maker) in the business of glamour imagery. It’s my business to make women look as beautiful as possible. Tell them they can always come down to your studio (if you have one) or get together somewhere for some test pics and video…. Perhaps you’ve told her that she is auditioning for a movie or a photo spread you are producing.

Do the shoot, and every girl will want to see her pics and videos when you are finished. You’ll give her copies if she signs a model release form, plus you’ll throw in $50. You’ll be surprised at how often this works.

Also, and this may sound obvious, but it’s extremely important to have attractive women in your pics and videos. Sounds simple, doesn’t it? But how many unattractive women do you see in pics and videos? When people go into video rental stores, or think of signing up for access to website, they look for attractive women. So go for quality, not quantity.

$300 - $600 is a good price when basic sexual acts are involved. These are ball park figures. Basically, it’s what ever you negotiate with a model.

Guys are available inexpensively. There is no shortage of men who will be willing to have sex with an attractive young woman. Put an ad in the paper soliciting men for adult movies and your phone will ring

26 off the hook (although I would refer them to your website and contact via email). What you pay them is up to you, but it sure won’t be what you pay the females… if you pay them at all. Many will do it just for the experience… and the bragging rights that come with being a stud in a porno ☺

One other question I get asked a lot is about shooting in foreign countries, where talent is inexpensive. Places such as Russia, Eastern Europe, South America.

The reasoning is sound: these are places with depressed economies, and hence one should be able to find outstanding talent at low prices.

Yes, but I would stay away from these places unless you really know the environment. In Russia, for example, the country is run by crime organizations. They don’t want competition. Plus, I’ve heard many stories of kidnappings for ransom. In other countries you are open to extortion from corrupt authorities, who will throw you in jail until you can bribe your way out.

Prague has somehow turned into the model center of Europe. You can do a Google search for photographers who will perform shoots there on your behalf.

My advice is stay out of those countries unless you are from there or very well connected, and know that you won’t be compromised. Also, there could be laws that you simply do not know about. My rule of thumb is: Always assume it’s illegal unless you know it’s not.

In fact, that’s a good rule of thumb regardless of where you are producing. If you think it is illegal, it probably is. If you are not sure, take the time to check with your lawyer.

27 You have your models, now what? Did you make copies of her identification? If so, now you’re ready to begin (at the end of the shoot she will need to sign a model release. In fact, everybody who will be in your movie and/or pictures will need to sign a separate model release. More about that later).

You’ll need to give thought to how you want to present your model: how she’ll be dressed, what poses, what locations, and in the case of video, what she will be saying, and what story line, if any. “Casting couch” videos, whereby a model talks to the camera and describes her sex life, then strips and masturbates, or perhaps engages in oral sex, are very popular. Women are portrayed as real people, and it’s almost a voyeuristic thrill. Plus, they are less expensive to produce, since you don’t need elaborate locations, props, crews, etc. Just a guy with a cam and a girl. It sells. Big time. Just ask Ed Powers.

Remember, whatever content you create is what you will become known for. So if you want to build up a following (and sell more product) you need to pay attention to your overall approach.

Plan the entire shoot, leave nothing to chance. You’ll be shocked at how rapidly time flies by when you are into the shoot. Eventually, you’ll learn how to maximize every minute of a shoot. In fact, with good planning, you could use one shoot to capture enough content for several websites or videos.

28 I find it useful to plan everything with an action tear sheet.

Shoot: Pretty Teen Cody Date: Scene Talent Location Actions Clothing/Props Expenses Shopping Cody Mall, plus Standing in line. Get Tight jeans. $300 talent mall in line at shot from behind. We want to fee pharmacy. Move up to her and see that start talking. Get shapely ass some shots of her walking through the mall. House, Cody Living Cody still in tight Codys clothes interior. room jeans goes through We’ll use her bag of clothes my place and shows us outfits for this. she has brought for the shoot. Get lots of shots of her bending over. Downstairs Cody Den In a short skirt she Mini skirt tells us her sexual likes and dislikes. Knees up, legs together, no panties. Downstairs Cody Green She reads directions Mini skirt, $10 chair of thermometer and internal thermometer opens package. thermoneter Then hands to me and we ascertain “how hot her ass is” Upstairs Cody Kitchen We follow her upstairs to the kitchen, where she goes through cupboards and drawers looking for “things to put into my ass”

29 Upstairs Cody Couch On her stomach with Lube skirt pulled above her ass. This will be the ass fingering scene Upstairs Cody Couch Masturbation scene, miniskirt Lube. Also, with me doing the ensure cam honours on tripod for long shot Notes: Never done anything anal before, so ensure lots of lube available. Ensure she brings: tight jeans, mini skirt, bathing suit. Not into oral so much work around that. Has no objection to thermometer insertion. Likes cats.

I have included a copy of a blank action tear sheet that you can print out and use for your shoots. This tear sheet is one I used to plan my Cody video. You can see that this shoot was pretty basic. This was a simple one girl shoot, but planning out my shoot would have been crucial had it been a complicated shoot involving multiple locations and talent.

For example, perhaps you have ideas for a website (or video) involving up skirts, and another centered around oral, another based on one of the more unusual fetishes (like smoking, or balloons. Girls holding balloons seem to be a turn on for some strange reason). You could use one model, or number of models, for different scenes for each site (or video). You get the idea.

Hotel rooms are always a good place to do a shoot. Now, the hotel room thing has been done to death, but remember, it all boils down to the viewer wanting to see attractive young women spreading their legs. Whatever the environment, the same basic formula applies:

Creating anticipation

30 Getting to the sex/nudity

That formula works whether you’re in a car, hotel room, bathroom, park, or under a bridge. Build up is extremely important. Tantalize in the beginning and build up to the nudity. When you see too much too fast, your mind does not have enough time to process the fantasy. But when you see a breath taking woman who is revealing just a little, then the possibilities to fantasize are limitless.

Here is an example. I produced a line of movies called Motel Teens. I had a very low budget, since I was just starting out at the time. I would be hiring attractive young strippers and taking pictures and recording video in hotel rooms. So what could I do to make it a little different?

I played a character. The camera was my pair of eyes. It would be as close to the viewer could be to actually being there. I would be a traveling salesman kind of guy who would convince attractive young women to come back to his room with him, and eventually, through a bit of wine and a LOT of flattery, get them to strip.

Of course, this was all set up with the models I hired before hand. They loved it, they all had a great time, and it came across as being real and unscripted. The sort of content that sells. Because another golden rule applies:

Guys want to see REAL girls doing REAL things!

For example, in my movies, I would begin a scene this way; I would walk up to them in a mall, or a lobby of a building… they would act surprised that I had a camera, we would get to talking, then I would fade out and then fade into a scene of her doing something, like walking around a park, or browsing for clothes in a mall, or anything normal just so we can get a sense of her as a person, and build up some anticipation.

31 Then I would cut to a scene where she is in the hotel room and we are talking. I would edit it all so that there was a sense of time having passed, and this would add legitimacy to the scenario of a middle aged guy convincing real girls to come to his room. She would be relaxed, and having fun, and divulging details about her sex life (every guy likes to hear girls talking dirty).

She is still dressed at this point, and I am asking her questions and she is responding, and I am moving the camera around various parts of her body. Her pretty smile, her jean clad ass, maybe she’s wearing a mini skirt and has her legs crossed. Remember; tantalize me before we get to the nudity.

I would start off with fairly tame questions, like what age did she lose her virginity and did she have pleasant memories of it… what age did she first masturbate (c’mon, everybody masturbates), how did she learn, etc. Then I’d move onto increasingly more probing questions: does like having her ass played with, what’s her favorite position, does she give head, etc.

Know these questions ahead of time. Think about every question you would like to ask of a stunningly attractive young woman, and write them down. Keep adding to the list as questions come to you. Have this list with you at your shoot. You don’t want to waste time. Plus, these are questions you’ll be able to use for every one of your videos.

So then, keep it real, and natural, and stay away from music. It’s a turn off for the viewer, and detracts from the natural feel of your movie.

I still sell these movies, and people still email me and tell me how great they are and they could tell it wasn’t set up and when is my next movie coming out?

32 Those movies would not have been as successful if I had just rolled the camera while a girl masturbated on a bed. They worked because there was buildup.

The viewer got to see a stunning 18 year old walking along in a shopping mall in tight jeans, just like they do every day… but this time they got to see her come to a hotel room, chat a bit about her sex life, then take her clothes off, somewhat shyly, and eventually masturbate in front of them. I took the time to establish her as a real person, not just an open crotch.

Because guys not only want to see real girls doing real things, they want the second golden rule:

Guys want to see girls doing the things they don’t get to see them normally doing.

Like masturbating, showering, shaving their coochies, inserting objects into their rectums, sucking penises… you get the idea. Keep those two golden rules in mind and you’ll be set. It’s worked for me. And Seymore Butts.

And I’ll say this again because it is absolutely key to your success: people want to see innocent, natural, beautiful young women. The type of girls that you would not expect to see naked and/or having sex in front of a cam. Tired, cheap looking, tattoo covered and pierced unattractive women do not sell movies.

Make golden rule #2 your mantra: Guys want to see girls doing the things they don’t get to see them normally doing. Burn that into your mind. I know, it sounds like I’m, nagging, but I truly want you to be successful.

Oh, and keep your movie to between 60 minutes and two hours in length. No shorter than 60 minutes.

33 So be creative. Ask yourself what you would like to see, and then create that on video. Spend some time at the video rental stores looking at box covers, and learning about what is hot in adult video. Find the types of movies that you like, and figure out how you can do it differently. You are using your grey matter to figure out an angle on a popular trend.

I find it useful to make a list when I get home from my video store market research. I write down the movies that caught my eye (and what movies the counter clerk told me were best sellers), their genre, and what makes them distinctive. And then I will try and find an angle. What could I do that took a bit of a different approach?

For example, teens and anal are very popular genres right now. Run some ideas through your head and word them as they would be describe on a box cover. “First time teens who (blank)”. “Coeds who (blank)”. “MILF’s who (like to flash in public?)” Fill in the blank and you have a concept.

GIRL-GIRL scenes always do well. In fact, if you are making movies for distribution, try and have at least one girl-girl scene in any movie you are doing. Girl-girl action is like a double breasted suit: it never goes out of fashion. Also, remember to always place your girl-girl scene in the middle of your movie, and work up to it.

Group scenes are popular, as are threesomes, and anything with teens is REALLY hot these days. However, like everything, tastes change. Plan to make regular trips to an adult video store for market research. The size of each section will give you a good idea of which way the trends are going. Your movie should have no less than three segments. Depending on the genre it could be more. If you’re selling amateur movies via your website you can get away with three segments. Distributors are more demanding, however, and may require 8 or 9 segments. Your best bet is to rent a bunch of movies and see how many segments they have.

34 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

To look into the camera or not? This applies mainly to still photos. I see no end of photo sets where the girl is looking right into the camera. Whether this is appropriate or not depends upon the scenario you are trying to create. I hear a lot of photographers tell me that by having the girl look into the camera they are creating a sense of intimacy. This is one school of thought. My personal tastes run contrary to that. I think a picture of a girl looking into the camera looks posed and phony. I would prefer to create a more voyeuristic experience, unstaged, where the viewer can be a fly on the wall while a stunning young woman does her thing. I feel this creates a greater sense of reality. Either approach works, it’s up to you. For video, however, my approach is different. I like to create point of view video, where the viewer has a sense of actually being there, and the camera serves as the viewers eyes. Hence, in my videos, the girl is always addressing the camera when she is talking to me. In other videos I am not a part of the story at all. I will put the camera on a tripod, leave the room, and see what the girl does by herself. Sometimes I will hand over the camera to her and ask her to use her imagination, then I’ll leave the room. You can create some amazing video that way.

Here are some tips if you’re going to be shooting in a hotel or motel room. Try and find as unusual a hotel room as possible. Or better yet, do a Google scan for Inns in your area. Inns generally have more homey and cozy rooms.

A lot of the better motels have suites that have French doors and fireplaces. Rooms also rent out by the day, or even half day, versus an overnight stay, so you can get a better rate.

35 If you feel you’re raising eyebrows by asking for a room for a few hours, and you have a bunch of camera gear and a stunning young girl or two with you, you can always state that you’re shooting a low budget horror film, or you’re creating pre-recorded interviews for a movies publicity, and this is one of the actresses.

There was a very nice hotel I always used to go to because it had amazing rooms with a fireplace and I could get them for the day, instead of for the usual 24 hours.

I always felt self conscious because I had a cart full of camera and lighting equipment and a teenaged girl with me. My story always worked: I’m doing second unit filming for a very low budget gothic slasher film. “Second unit”?, the counter clerk would ask. I would respond with “Yep. We’re doing pre-recorded interviews with the actress to send out on B-roll to the TV stations. You know those behind the scenes documentaries in the special features of DVD’s? That’s what we create.”

Or this: once I was in New Orleans in the French Quarter during the day, taking pictures up a girls skirt. In broad daylight. I had a lot of stares. If somebody got too close or suspicious I merely said that we were shooting an underwear ad for an urban lifestyle magazine.

It works ☺

Dealing With Talent.

First up: business. Get your talent to furnish you with two pieces of ID, take pictures of both. Then get each talent to sign a separate model release form. Reserve payment until after their work has completed. If you pay them and they change their mind (it happens) you’ll have a hard time getting your money back. So don’t pay them until after the shoot.

On to the shoot! As a successful producer, you’ll find yourself dealing with two different types of talent: professionals (strippers, models, actresses) and amateurs (basically, anybody who has never been on camera before).

36 If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free updates of this e-book. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

Remember that you’re dealing with a person. It’s easy to lose sight of this when you’re intimidated by a stunning young thing half your age. You may have a tendency to gawk. This would be normal for a first time producer.

On my shoots I make wine available to the talent. No other alcohol (or drugs) because you could lose control of the shoot. Just a bit of wine to help you both relax. Spend some time chatting. Chat about anything (not sex), just small talk.

If she’s a true amateur, she’s going to be a little nervous. I always have handy some pics of my previous work, depicting the model having a good time, and emphasizing her beauty. Again, flattery will put her at ease. “This is all about capturing your beauty on pics and video”.

Sit well away from her, not next to her on the couch. You don’t want her to feel intimidated. You want to come across as a pro, non- threatening, and credible. A professional producer of erotic movies. And as a professional you will need to make copies of her two pieces of ID, the ones that you reminded her on the phone to bring. Now is the time to take photographs of the ID, several photographs from different angles. If you have a video camera, capture her ID on video, as well. It doesn’t hurt to have as many copies as possible, in case a copy is blurred.

Then she’ll need to sign a model release. Explain to her that this is for the protection of you both; that it’s a document stating that she is of legal age and has consented to be photographed and video recorded. You’ll find a copy of a model release towards the end of this document. Just print it out and take it along with you on every shoot.

37 So you’ve taken care of business. You have recorded her legal IDs, and she has signed the model release. Now you’re ready to get rolling on the shoot.

The biggest hurdle is making the girl feel comfortable, get her to trust that you’re going to do a great job with her, and then show her a good time. Just be friendly and down to earth.

Every girl is into something, and it’s your job to figure out what that is and get her to talk about it. If you can do that, the rest is easy. Just entertain her, and push the button at the right moment, standing an appropriate distance away (non-threatening, remember?). If she laughs at your jokes, that’s a bonus. The more report you have established, the more she’s giggling and having fun, the more she will do for you on-cam. For every pose and scene, explain what you’re doing. Girls like it when you explain things in advance. It also makes them feel important, and not a piece of meat. You want her personality on tape, as well as her erotic parts. If she’s a pro you can just start in having her do whatever you’ve agreed to. If she’s a first timer, you’ll need to take your time with her. Progress the shoot at the pace that you sense she is comfortable with. If you can’t get a feel for her comfort level, just ask her. Are you comfortable with this? Are we going too fast? This will also show your concern, and add to your credibility. Keep all of this in mind (after a few shoots it will become second nature) and you will be pleasantly surprised at the high quality of content you are creating. Did you pack the condoms? I strongly recommend the use of condoms during any shoot involving intercourse. Depending upon where you are, it may be legally required. The industry has a health website, and they may be able to answer any questions you may have: http://www.aim-med.org/

Content, of course, is the very heart of your site. It’s what people will be paying for. First, decide whether you will be providing original content or content purchased from other sources.

Original Content consists of any material you produce yourself. This can be time consuming and expensive, but the way to go if you want a unique product. Doing it yourself requires equipment, know how, recruiting of talent, and money to pay that talent, unless you work out another arrangement. It’s also a lot of fun to create your won pictures and video.

Purchased Content is material you purchase from a provider, or contract somebody to do for you. Content is primarily in the form of still pictures and video. Video is in the form of short clips, and also streaming video. You can also link to streaming video sites, whereby you link to somebody else’s site but to the subscriber it appears the source is originating from your site. Basically, you get a commission when ever a user passes through from your site to the site that is providing the streaming video. This works out well; you make some money without incurring massive bandwidth fees. Ah, bandwidth. What a minefield that whole realm is. We’ll cover bandwidth shortly.

The easiest and most profitable site is a picture site. This is a website that sells access to pictures and possibly video clips (mpegs and wmv). Both are much in demand. Picture sites are easy to operate because fulfillment can be automated.

A billing company such as CCBill would provide you with the snippets of code you need to charge credit cards and also generate memberships that garner instant access. This works for you 24 hours per day, 7 days per week. It’s been said that the perfect business is one that generate income for you while you sleep. An automated web site fits that bill nicely.

39 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

Videos are also popular, especially in this day of computers and camcorders. I personally like video and the process of producing and editing. Demand for video on the web is increasing, due to many people having high speed internet connections.

Best bet if you have limited funds and want to get into the business quickly? One of three things:

Hire a model, put together a video, and sell it via your website (or ebanned.com), either on DVD or as access to video clips online. If you have still pictures of your model, even better. This content you can market to consumers, or to other websites, as a content provider, or both. Purchase content from a provider and start a site. Join a partnership/affiliate program (more about that later)

In both cases the easiest, fastest and least expensive method for collecting payments online would be via a third party billing company. We’ll get back to that in a minute.

I want to expand a bit on point number one (hire a model, put together a video, sell it via the Internet). This is a very good way to get started if you’re on a budget. For less than $500 you can produce a DVD that you can sell on your website, and via some highly targeted auction sites, such as www.ebanned.net , www.clips4sale.com, www.nookieauction.com, www.naughtybids.com, www.Ebid4adults.com, www.bangbids.com, www.406bid.com, www.adultbids.net, www.matureauctions.com, www.hotmovies.com

Many people don’t realize that EBay has an adults only area. It’s located in “everything else, mature”. Oddly, this area is not accessible via ebay.ca, but only through ebay.com. Note: when listing your items on eBay, do not use the words TEEN or TEENAGER, YOUNG or LOLITA anywhere! EBay automatically scans for those words and will not permit the listing.

40 With one DVD you can make quite a bit of money. Remember, on the Internet you don’t need sexual content. There is a market consisting of people who want to see a highly attractive young woman getting naked. When there is no sex required, it is easier to find attractive young women to shed all on cam, and they are far less expensive than “pros”.

So lets say it costs you $400 or $500 total to create DVD. You would list that DVD on a website you create and on the auction sites mentioned above. List the price as $9.95, if you sell ten per day you can see how quickly you’ll make your investment back, plus, the DVD will keep making money for you pretty well for ever.

I have several such low budget non-sex DVD’s that I keep listed permanently on those auction sites, and together they average a $1000 a week. That’s pretty good money, given the little effort that went into producing them. In ten, even 20 years, those DVD’s will still be making money for me, because people never tire of looking at beautiful nude young women.

For billing I use www.myvirtualcard.com (do NOT use Paypal).

Here is one of my low budget DVD sites: www.prettyteenvideos.com. You’ll also find those DVD’s on eBay and those auction sites I mentioned. My nicknames on all the auction sites are Catwalkx and also producers_lounge. Do a scan and you’ll find my movies.

I have found that most people bite off more than they can chew when they first get into the business. They have visions of a spectacular sex movie but get into trouble when they quickly run out of money.

I am pointing out that you can start out with a small budget, and one DVD, and make back your production costs fairly rapidly. After you have recouped your costs, any further revenues are pure profit, which you can use to produce another DVD. Pretty soon, sooner than you think, you’ll be at a stage where you have 9 or 10 DVD’s that collectively are generating a thousand dollars a week.

41 Start off small and work your way up. If you’re a reasonable person and have a good product, you’ll start experiencing success fairly rapidly.

When you start making more elaborate and expensive movies that contain sexual activity, have a look at Adult Entertainment Broadcast Studios (http://www.aebn.net/index.cfm?fuseaction=main.studios).

They distribute movies on a pay per view basis, and serve a LOT of the big studios. Also, www.hotmovies.com, who broadcast pay per minute.

A word about selling on eBay: “buy it now” options aren’t available for the mature audience section of eBay. Remember, do not use the words TEEN or TEENAGER, YOUNG or LOLITA anywhere.

They also have some very nit-picky rules. Make that a LOT of nit- picky rules. I’ll save you the time and post the rules here:

1) Any visual representation of human genitals presented in such a manner as to suggest sexual activity

2) Listing descriptions featuring bodily fluids

3) There must be no more than two photographic images of nudity in the listing. To eBay, a breast, even a nipple, constitutes a nude image.

4) You are also not allowed to “censor” or “black out” nude images. So if you have an image depicting sex or nudity, blurring out the genitalia will not be enough.

Here is the list of “don’t do’s” from eBay:

“The following will not be permitted:

- Persons may not touch another persons breast with their mouths

- Describing the item as hardcore even if the actor or actresses name includes hardcore

42 - Images depicting people touching their own genitals/anus or other’s genitals/ anus.

- Sellers may not block, crop or edit images that would otherwise not be allowed on eBay.

- Descriptions or photos stating that the box or video covers are not allowed because they are to graphic or eBay will not allow you to say more are not permitted

- No images that depict only genitalia

- Descriptions depicting penetration or oral sexual acts and graphic portrayals of human genitalia

- Images portraying graphic sexual activity or graphic portrayals of human genitalia

- Hidden camera videos and amateur videos containing adult/sexual activity

- Listing descriptions depicting graphic violence and/or obvious bodily injury: This includes the following banned terms: BDSM, SM, whipping, spanking, torture, hurt, pain, extreme, rough, punishment, paddling, humiliation, black and blue as well as discipline. This list is not all inclusive.

- Listing descriptions or titles featuring bodily fluids: terms such as cum, goo, spunk, drink, swallow, gulp, GGG, facials, bukkake and Gokkun are not allowed. This list is not all inclusive.

- Underage terms such as lolita, teen, young girls, young boys, etc.

- Necrophilia

- Links to sites that contain items prohibited on eBay (including those outlined in our Mature Audiences policy and those that do not comply with our Links and Advertisements and Credits policies)

- Listing titles which represent any of the above and what is covered under our existing policy

- Descriptions or titles which describe an item as XX or above. This includes actors or actresses names that may include XX or XXX. Examples are Foxx, or Foxxx

- Descriptions containing profanity

- Used underwear - including but not limited to, boxer shorts, panties, briefs, athletic supporters”

Sellers may only list no more than 2 adult images per auction. For amateur videos, sellers must include the following disclaimer in the listing:

”This video was produced professionally and all models/actors that were depicted in the photos and the video at the time the photos were either taken or the video was filmed were at least 18 years of age or older. All models/actors were compensated for their performances.””

So you can see that eBay has very strict rules, and they will enforce them

One wonders why they even have an adult section. You’ll need to endlessly tweak your ad to before it is acceptable, but it’s worth it. EBay’s audience is massive. You can view eBay’s entire policy here: http://pages.ebay.com/help/policies/mature-audiences.html

TIP!! Here is how I maximize my ads on Ebay. Lets say I have 4 auctions running (I always have at least 4). I will put together one stellar auction of three or four DVD’s, and list it as Featured Plus. Featured Plus costs an extra $19.95, but it’s worth it because it lists your auction ahead of all the others, so you don’t get lost amongst the thousands of other auctions. This is the auction that will generate the most attention.

44 THIS AD IS GOING TO GENERATE A LOT OF TRAFFIC, AND YOU WANT TO FUNNEL THAT TRAFFIC TO YOUR OTHER AUCTIONS AS WELL.

So what I do is have a banner listed two or three times on my auction page, that lets users know that I have other auctions. This is the banner I currently have running:

People click on this and all my auctions are listed. But, you need a snippet of code to do this. Associate whatever banner you use with the code:

See the blue code above? Simply subsititute your Ebay ID. The code looks complicated, but isn’t. You needn’t even know how it works. Just cut and past that into your HTML page.

Click on the pic above and you’ll see all my ebay auctions.

This is a VERY powerful mechanism. It will allow you to leverage all the traffic from one auction that is listed as Featured Plus. Pay for

45 Feature plus once and all your other auctions can leverage a great deal of the ensuing traffic.

Getting back to the main topic…

So the process for getting an adult entertainment website is thus:

Concept. What type of concept will you be offering? The more of a specialized niche, or angle, that you can find, the better. Domain Name. What will be the name of your site? Register The Name. Your website must be registered so that you have a protected name, and your customers can get to your site. Do not use fake contact info! This will make you a target for the Department Of Justice. But you do not want this info to be public, so use a registrar that has a privacy feature available. Godaddy.com, for example, charges a few extra dollars during a domain name registration to activate the privacy feature. I highly recommend Godaddy.com as your domain name registrar of choice (I use them for all of my sites) Obtain Content. Purchase it, or produce it yourself, or join an affiliate program. Create The Website. The look, feel, and layout of your site. Review the website for legal compliance (more about that later). Find A Web Hosting Company. They have the servers where your site will physically reside on the internet. Get The Site Online. FTP (file transfer protocol) it to the host company’s servers. If you have no idea what I’m talking about, don’t worry, we’ll cover this later. Payment Options. How your customers will pay you. Market And Promote The Site. A course in itself. I have a section all about promoting your site.

A word about AVS sites. AVS stands for “age verification system”. These sites work based upon the assumption that credit card companies do not issue cards to minors. So, then, if a user has a

46 credit card, that individual is automatically considered to be of legal age. An AVS system will consist of thousands of websites, a network of websites just like yours. When somebody purchases an AVS membership they get access to all of the web sites in the AVS system. However, you only receive a commission if somebody signs up through your website. You do not get a cut of the sales of the entire AVS system. You could end up providing what is essentially free access to your content to the thousands of customers who paid to join OTHER websites. You will have the expense of obtaining content, making it available on a server, and paying for it to be transferred via the internet (I’ll tell you all about bandwidth overages later), without seeing a penny of revenue. You can probably tell that I do not like AVS systems. In my opinion they are a false economy, plus I know nobody who is making any money on them. However, feel free to explore for yourself. I have included a list of the top AVS systems in the appendices.

We’ve already talked about the concept of your site: whether you’ll be offering pictures, video tapes, streaming video, or all of the above. Now you need a name. In actually fact I’m referring to your:

DOMAIN NAME. Your domain name is your web address, also often referred to as a “url”. For example, www.PrettyTeenVideos.com is a domain name. When people ask for the url (or domain name) of Pretty Teen Videos, it’s www.PrettyTeenVideos.com

Since no two companies or individuals can own the same domain name simultaneously, your web address is specific to you, and hence totally unique. Domain name is key: it has to be easy to remember, and preferably tie into the nature of your business.

47 For example, www.PrettyTeenVideos.com is a website that markets videos of teenaged girls (catchy, don’t you think?).

Your domain name will begin with the three w’s (www), and end with one of the common domain extensions: com, net, org, ca, biz, info, us. How does this affect you? These are all specific to the US and Canada, and confer a greater degree of integrity upon a website than a domain common to an obscure country. If your target market is the US or Canada, you’ll be better off with one of these extensions.

Think of something catchy that reflects the nature of your website. Decide upon your concept, and then think up a list of names that would be catchy. Then you can do a search for availability through a domain name registrar.

A domain name registrar is a website where you would go to register your websites domain name. I highly recommend www.godaddy.com. They are very inexpensive, and you have the option of paying a few extra dollars to ensure that your domain name is private. Meaning that your contact and personal info is hidden from everybody on the internet. Believe me, you want this privacy option, or else you’ll get inundated with spam.

So, decide upon a name for your website, search for the availability of the name, and then register it. Then you’ll need to host it. A web host is a company that physically accommodates the bits and bytes that comprise your web site. They maintain the computers and network connections to the internet, as well as security firewalls. You don’t need to know any of those technical details. You will just be renting space on one of their computers, and uploading your content to your website. You’ll find a list of good web hosting companies in the appendix of this document.

Obtaining Content By now you have a pretty good idea of what type of site you’ll have. Content is the very heart of your website. You may have heard the golden rule before: “content is king”. It’s what people will pay to see. Millions of adult websites exist, so why would they pay for your product instead of somebody else’s? Hence, understanding the “essence” of your site, and what makes it unique.

48 If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free updates of this e-book. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

With content you basically have a choice: buy it, make it, or join an affiliate program. The fastest and cheapest way to get going with a website is by joining an affiliate program. In fact, if you have zero cash and want to start a website, affiliate programs are an amazing way to get started. I’ve met a few people who are making well over six figures just with affiliate based web sites.

Affiliate programs are mechanisms that enable you to profit by referring potential customers to other websites. You’re basically sending people from your site to the affiliates site, who then pay you a commission if that person signs up on the affiliate site. There are a LOT of affiliate programs out there.

They work like this: you would create a site consisting of several galleries of pictures that would be provided by the affiliate website. A person who surfs over to your site is clearly looking for erotic material. When that person explores your site and views the free pics you have online, he will also very likely click on a banner (a banner is a small advertisement with a link to another site. For example, Adult Webmaster Magazine).

This banner takes him through to the affiliate site. There he has the option of signing up for a membership with the affiliate site. If he does so, you receive a fee (anywhere from $10 to $50).

It’s a pretty good system. I know a lot of people who run websites consisting only of content provided by affiliate programs, and they are making a ton of money. To reiterate: if you have little cash to invest, then this is a good way to get your foot into the door. Basically, you’re in the business of marketing other peoples pay sites. They provide the content, you spend the time marketing your site in the hopes that your visitors click through to the pay sites, and you

49 receive a commission if they do. (www.nastydollars.com, www.gammacash.com, www.herbalo.com, and www.insiteadult.com are a few of the larger ones). You’ll find a list of the better affiliate programs in the appendices.

How affiliate programs keep track of the signups you bring them. When you sign up with a sponsor, they will provide you with content (pictures and sometimes video) that you can use on your website. You would use this content just like you would your own content, whereby you would build galleries and webpages for the public area of your website. The idea is to create interesting webpages that compel visitors to your site to click through to the sponsors site, and sign up with them. When you sign up for an affiliate program, you will not only be provided content, but also a snippet of code that links your website to theirs. Don’t let the word “code” scare you off. They create the code and you merely copy it and paste it into your website. The snippet of code contains your account ID, and when people click on the link it will take them to your sponsor. Your sponsor will have a system that will recognize that the visitor came from your site. If they buy something, your account will be credited. Plus you will be able to monitor your daily sales by logging into your sponsor’s affiliate program. Affiliate programs are literally that simple. Again, if you have zero start up money and want to create a website, affiliate programs are the way to go. If you already have a website with lot’s of content and wish to start your own affiliate program, have a look at this outfit: www.getnats.com

Content providers. The next least expensive way to start a website is by using content you purchase from somebody else. There are hundreds of content providers (you’ll find a list in the appendix of this

50 document). You can get a site up and running for as little as $500. The problem is that this content is not exclusive to you. If you can purchase it, so can a gazillion other people. You’ll also be going head to head with the big boys, the sites that have hundreds of thousands of pictures.

The same applies to turn key websites. These are ready made websites that you pay for and throw onto the internet. You can buy them inexpensively, usually. EBay always has auctions for such sites. But again, if you can buy them, so can countless other people, and you won’t have a unique product.

IMPORTANT: You need to be careful about purchased content. It must be supported by documentation. If you are buying exclusive content, that is, content that was created specifically for you, then you will need the original proofs of identity and model releases.

If you are buying non-exclusive content, then the content provider must provide you with a copy of the model release and proofs of ID with the particulars blurred out (address and other specifics blanked out), a license to use the content, and a link or address on your 2257 disclosure listing them as the custodian of records.

If you live in Canada or anywhere else, you still will fall under US law. It’s a good rule of thumb to adhere to US regulations. Why? They are the most stringent, plus the chances are some element of your operation falls within US jurisdiction. Billing, servers, etc.

But if you took that $500 and spent it on your own video or series of pictures, that is something only YOU have. It is unique. You can either sell it to other websites, or make it available on your site, or

51 both. I’m a big believer in producing ones own content. It’s what I do, and we’re fortunate that right now original amateur material is very popular. In fact, it is currently the most popular genre. Fully 50 percent of all adult movies on the market today are made by amateurs! I like amateur content because it is real. It is also ridiculously inexpensive to produce, because you do not need sets, professional talent, production people. You can create it and market it yourself. People do not expect, nor do they want, high production values, music, plots, acting. They want reality, insight into lives of real people. Looking amateur is a huge plus. I can’t stress this enough. On the internet, this is where the opportunity is, and it’s how I’ve made my fortune. It’s not the only opportunity, but it does afford access to the largest audience for the least amount of initial investment. Also hot is streaming video. You could conceivably set up a site that offers nothing but streaming video, which is provided by streaming video content providers.

So with four or five cd-roms worth of pictures, and/or two or three video streams, you could be in business. Again, this is material that would not be unique to you, and you can end up lost in the sea of porn sites out there.

I also want to caution you on something. I have read a couple of other “courses” about the adult business, and was shocked to see that some advocate stealing pics from other peoples websites to use on your own. “After all”, they say, “the Internet is a big place and the chances are you won’t get caught”.

Yes, the Internet IS a big place. But do you really want to be a thief? This is a tactic for bottom feeders. Our goal is to get you to the top echelons of success in the porn business, and the top level is not so large. It’s a small world up there, and word gets around. You don’t want a reputation as a scammer, thief, rip off artist, etc.

52 You needn’t stoop to skullduggery. You WILL be successful, and you’ll do it honestly and legitimately, and be a respected producer and business mogul. And they will still be bottom feeders scratching a living. Oh, and they may be in jail because they don’t have the model ID’s for the content they stole.

So purchased or original? If you’ve decided to purchase existing content, then feel free to skip ahead to our next section, Design Of The Site. If you decide to go the route of purchased content, I wish you luck. Many people are doing it, and profitably. There’s no reason you cannot. And don’t forget to check out the list of content providers in the appendix of this document.

Even if you plan on producing movies only for distribution, I strongly suggest that you have a website. It is too profitable an aspect of the adult entertainment industry to ignore. In fact, with the several hundred million people online, it’s interesting to note that the number one keyword searched in every major search engine is the word “sex”. No big surprise there. But, the next nine top keywords are also related to sex! Keywords such as naked, breasts, and pussy, round out the top ten.

Designing Your Site.

There are basically two types of adult websites: those charging for access, and those not charging for access (pretty basic, huh?).

A site that doesn’t charge for access usually is selling one or more categories of items: video tapes, CD-ROMs, DVD’s, sex toys, etc. They make their money by selling these items.

Sites that charge for access are broken down into two categories: membership sites that charge a fee to enter, and adult verification sites (AVS), which use an age verification service (a list of which you’ll find in the appendix of this document.)

53 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

In case you missed it a few pages back, AVS sites work like this: basically you run a free site but before allowing others to view your “free” material, they must first verify that they are over 18. They do this by signing up with one of the adult verification services, for a fee.

If they already have a membership with the adult verification service that you use, they can enter your site for free, so you make no money.

You only make money when a user comes along who does not subscribe to the adult verification service, and they sign up via your site. The adult verification service then gives you a commission.

To me this is a false economy. You can only align with one adult verification service. ANYBODY who has paid that service can enter your site for free. You only make money in the unlikely event that somebody comes along who hasn’t yet subscribed to your AVS. Seems to me the only people getting rich from this business model are the AVS companies themselves.

Plus, AVS based sites have a bad image on the net. Don’t forget, every time somebody downloads a pic from your site, that ads to your bandwidth expense. You can actually lose a lot of money with an AVS site

If you decide an AVS site is the way to go, buy some pics, and find the AVS service that’s best for you. A listing of AVS companies is available in the appendix of this document.

Membership sites work differently. As the moniker implies, it’s a site that has a private area that people pay to gain access to. You will need a company that can process your sign ups. In other words - how are people going to pay you to be a member? The answer to that is pretty simple. You have to sign up with a service like CCBill or Verotel. They will process all the credit card transactions for you and

54 send you a check every month (some issue checks on a biweekly basis.)

How Your Site Should Look

I’m sure you’ve seen a lot of porn sites. They range from slick to clearly amateur. How yours will look will depend upon the type of content that you are creating.

I have found that my sites enjoy a tremendous increase in business when I make my sites personal. That is, I let visitors know who I am. Instead of merely a site listing pics, I built a site around a personality. People like to know who is behind the site.

Content and creator are no longer separated. For example, if Victoria’s Secret were launching on the Web today, we’d need to know more about Victoria.

I tell little stories and anecdotes about my experiences on the shoots, and write the text on my site as though I am talking directly to each visitor, rather than announcing broadly to the masses. The more of you that is in your site, the more your site will be distinguished from the gazillion other sites out there. And it works! Just ask Danni Ashe of Danni’s Hard Drive (www.danni.com).

Dannie’s site averages revenues of ten million dollars per year. I read an interview with Danni, who said that she owes much of her success to the fact that people believe they know her.

So personalize your site as much as you can. Create a character, and base the site around that character.

Now, back to “the look” of your site. Regardless of the look, some key elements will be required.

55 (A technical note: all main web pages are named index.htm. When a user types in a url, such as www.prettyteenvideos.com, the browser automatically looks for index.htm. It is always the first page of any website. So when you create your site, ensure the first page is named index.htm. The subsequent pages on your site can be named whatever you wish. After you sign up for a web hosting account, creating a directory names “members”. This will be the area restricted to paying members, and it’s where the billing company will put their billing mechanism. All the content that your customers will have paid to see will be located in the members directory)

First up is a legal “warning” on the front page of your site. It serves to let the visitor know that he/she has arrived at an adult entertainment site, and that if they do not wish to view material of a sexual nature, they should not press the “enter” button.

This is a good way of protecting yourself. Your legal warning could consist of the following:

“This website contains adult-oriented material that may be offensive to, or illegal for some readers. This website also contains explicit adult nudity. If you are offended by this type of material then DO NOT ENTER THIS SITE. YOU MUST BE 21 OR OLDER TO ACCESS THIS SITE! Please note that this site contains sexually oriented adult material intended for individuals 21 years of age or older. If you are not over 21 Years of age, if adult material offends you or if you are accessing this site from any country or locale where adult material is specifically prohibited by law, please do not enter this site. This website is an adult entertainment website not designed to promote prurient interests. We do not warrant the information presented here. Furthermore, a listing is not to be construed as any type of implied endorsement for the authors or services of the listed pages or the information contained thereon. To protect our users from viewing adult-oriented material without their

56 consent, we require you to read and certify the following statements.

NOTE: DO NOT CONTINUE UNLESS YOU KNOW YOUR LOCAL OBSCENITY LAWS, AND FURTHERMORE KNOW THAT THEY DO NOT PROHIBIT THE VIEWING OF ADULT MATERIAL.

By accepting this agreement, I certify the following:

1. I am at least 21 years of age.

2. The sexually explicit material I am buying and/or viewing is for my own personal use and I will never expose minors to said material.

3. I am not a U.S. Postal official, or law enforcement agent, or acting as an agent thereof, attempting to obtain any evidence for the prosecution of any individual or corporation, or for the purpose of entrapment.

4. I desire to receive and haven’t notified the U.S. Postal Service, or any other governmental agency, to intercept sexually explicit material.

5. I believe that, as an adult, I have the unalienable right to read and/or view any type of material that I choose and that the material and images contained in this website are not obscene or offensive in any way, nor could ever be construed to be obscene or offensive.

6. The viewing, reading, and downloading of the material and images in this website do not violate the community standards of my street, village, city, town, county, state, province, or country.

7. That I am wholly liable for any false disclosures and responsible for any legal ramifications that may arise from viewing, reading, or downloading of material and images contained within this website and that , the proprietors of this website and its affiliates cannot be held responsible for any

57 legal ramifications that may arise as a result of fraudulent entry into, or use of, this website and/or material contain herein.

This warning page constitutes a legal agreement between the operators of this website, and yourself, as well as any business entity of which you have any legal or equitable interest. If any portion of this agreement is deemed unenforceable by a court of competent jurisdiction, it shall not affect the enforceability of the other portions of this agreement.

I agree that by entering this web site, I am subjecting myself and any business entity of which I have any legal or equitable interest to the personal jurisdiction of the (whatever sate or locality you reside in) should any dispute arise at any time between the operators of this website, and myself and any such business entity. “

I have this on all my websites. Of course, you don’t want to have that text displayed on the entire page, merely a part of it. I put the text inside a scrollable text box. Here is the HTML coding for that:

This website contains adult-oriented material that may be offensive to, or illegal for some readers. This website also contains explicit adult nudity. If you are offended by this type of material then DO NOT ENTER THIS SITE. YOU MUST BE 21 OR OLDER TO ACCESS THIS SITE! Please note that this site contains sexually oriented adult material intended for individuals 21 years of age or older. If you are not over 21 Years of age, if adult material offends you or if you are accessing this site from any country or locale where adult material is specifically prohibited by law, please do not enter this site. This website is an adult entertainment website not designed to promote prurient interests. We do not warrant the information presented here. Furthermore, a listing is not to be construed as any type of implied endorsement for the authors or services of the listed pages or the information contained thereon. To protect our users from viewing adult-oriented material 58 without their consent, we require you to read and certify the following statements. NOTE: DO NOT CONTINUE UNLESS YOU KNOW YOUR LOCAL OBSCENITY LAWS, AND FURTHERMORE KNOW THAT THEY DO NOT PROHIBIT THE VIEWING OF ADULT MATERIAL. By accepting this agreement, I certify the following: 1. I am at least 21 years of age. 2. The sexually explicit material I am buying and/or viewing is for my own personal use and I will never expose minors to said material. 3. I am not a U.S. Postal official, or law enforcement agent, or acting as an agent thereof, attempting to obtain any evidence for the prosecution of any individual or corporation, or for the purpose of entrapment. 4. I desire to receive and haven’t notified the U.S. Postal Service, or any other governmental agency, to intercept sexually explicit material. 5. I believe that, as an adult, I have the unalienable right to read and/or view any type of material that I choose and that the material and images contained in this website are not obscene or offensive in any way, nor could ever be construed to be obscene or offensive. 6. The viewing, reading, and downloading of the material and images in this website do not violate the community standards of my street, village, city, town, county, state, province, or country. 7. That I am wholly liable for any false disclosures and responsible for any legal ramifications that may arise from viewing, reading, or downloading of material and images contained within this website and that , the proprietors of this website and its affiliates cannot be held responsible for any legal ramifications that may arise as a result of fraudulent entry into, or use of, this website and/or material contain herein. 59 This warning page constitutes a legal agreement between the operators of this website, and yourself, as well as any business entity of which you have any legal or equitable interest. If any portion of this agreement is deemed unenforceable by a court of competent jurisdiction, it shall not affect the enforceability of the other portions of this agreement. I agree that by entering this web site, I am subjecting myself and any business entity of which I have any legal or equitable interest to the personal jurisdiction of the State of Texas should any dispute arise at any time between the operators of this website, and myself and any such business entity.

Just cut and paste that into your website and you’re set. It will look like this:

Next on your “must have” list, is the US 2257 statement, whereby you can deal with any inquiries regarding a models proof of age and identity. On your site it need only be a link, stated as “MODEL AGE VERIFICATION / US 2257”. Anybody who clicks on this will be taken to a page that states the following information:

“Model Age Verification

All models, actors, actresses and other persons that appear in any visual depiction of the actual sexual conduct appearing or otherwise contained in or at (your website.com) were over the age of eighteen years at the time of the creation of such depictions.

60 Some of the aforementioned depictions appearing or otherwise contained in or at (yourwebsite.com) contain only visual depictions of actual sexually explicit conduct made before July 3, 1995 and, as such, are exempt from the requirements set forth in 18 U.S.C. 2257 and C.F.R. 75.

With regard to the remaining depictions of actual sexual conduct appearing or otherwise contained in or at (yourwebsite.com), the records required pursuant to 18 U.S.C 2257 and C.F.R. 75 are kept by the custodian of records.

For more information regarding Model Age Verification, please contact us by clicking here.”

“Clicking here” will take the user to your email address. I do not recommend your having your email address displayed online, since you’ll be inundated with spam. Your best bet is to have the link taken to a text box, whereby the visitor can enter a message and press send without knowing exactly where the email is going. How do you do this? I have included an email form with this package.

IF YOU ARE NOT THE PRODUCER:

If you are not the producer of the content on your site, and are buying and displaying content from a provider, then this would be a more appropriate legal compliance notice to have on your site:

18 U.S.C. Section 2257 Compliance Notice

The actors, models, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such.

61 All other pictures, graphics, videos or other visual media displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995

With respect to all visual media as defined above displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual media, as defined above, were created.

The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257 or subsequent case law defining such) of any of the visual content contained in the Website.

Please direct questions pertaining to content on this website to:

( Insert actual name of individual here) Custodian of Records

Legal Name here:

Address here:

Email here:

The original records require from the primary producer of said video and visual media and pursuant to 18 U.S.C. section 2257 and 28 C.F.R. 75 for all materials contained in the website are kept by the following Custodian of Records: ( Insert actual name of individual here) Custodian of Records

Legal Name here:

Address here:

62 Email here:

Keep your front page simple. The name of your website, a pic, or two, or collage of pics, of yours models, the legal disclaimer, the “enter” button below that, and at the bottom of the page the “US 2257” link. And that’s about it. Your second page will be more complex, with more info, more pics, and a menu facilitating navigation.

Now, designing a website is a course in itself. If you have some web design experience, by all means go for it. If you have no clue how to design a webpage, hire somebody. Don’t make the mistake of hiring some big expensive web design firm. Find a part timer, a student, perhaps. Check the want ads of a community paper, or advertise in one. Web developers are plentiful, and come cheap.

What your site should NOT have: pop-ups. Plain and simple. Nothing turns off customers like pop-ups. I’ve been to sites that have so many pop-ups that keep opening up… every time I close one, two more would open. I would literally have to turn off my computer to get away from that crazy website. Think I’ll ever be back? Or that I even looked at any of those pop-ups?

Pop-ups scream low class rip off. You don’t need them. The most successful sites do not have pop-ups and banners. Keep your website user friendly and pop-up free and you’ll have the loyalty of your customers.

Layout

As mentioned, your website will consist of two areas: public and members only. The public portion of your site is where anybody can look around and see what you have to offer. Keep explicit nudity to a minimum. In fact, don’t have any. Tease and tantalize, but don’t show any genitals or other “fun stuff”. The reason for that is you don’t want

63 to expose the wrong people to nudity, but more importantly, don’t give away for free what you hope to charge people for access.

Look at it this way: why would I pay to see something in your members area that’s freely available in the non-members area of your site?

Plus, I have found that a fully dressed attractive woman will attract more attention that a completely nude woman with her legs spread. The pics below illustrate my point perfectly. They are stills from some of my videos, and they show just enough that the viewer is intrigued enough to either click through to a website, or purchase the DVD.

65 66

See? Zero nudity, but they are pics of attractive women. REAL women doing REAL things. Most people are going to be intrigued by the prospect of seeing them naked, and will pay for the privilege.

Attractive, natural looking young women sell DVD’s and subscriptions to membership websites. It’s that simple ☺

The same philosophy applies to catalogues: don’t send out anything they can masturbate to. Otherwise, why would they buy your movies and pics if they can masturbate to your catalogue? Your website works the same way.

67 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

No doubt you’ve seen a number of adult websites. If you haven’t, sign up for a few and have a look. They all have similar layouts: main pages, members areas, menus facilitating navigation, including a sign up page, tour, and perhaps an online store.

A tour is important because it serves as a preview of the goodies you offer after they sign up. Again, don’t make this too revealing. Just enough that potential customers can get an idea of the quality of the content inside.

Above all, a successful website must be uncluttered, attractive, and easy to navigate.

And loads rapidly. Stay away from flash. Your mind can only focus on one thing at a time. Also, the majority of Internet users, even in the US, are on dial up. Your site must load fast.

A very powerful mechanism is to have a “Latest Pics & Vids” area on your main page, consisting of two or three pictures of your latest update to the site. Below that, have a “Coming Up” area, again with two or three pics and a brief text blurb about what’s coming up next on your site.

The “sign up” button will take them to a sign up page (surprise surprise). This page will link to what ever company will be handling your credit card processing. The chances are slim that you have a merchants account with a bank along with a credit card billing mechanism. These are very expensive, and a headache to integrate into a website. Most websites, even the biggest that do several millions per year, leave billing up to third party billing companies, such as Ibill.com, and Ccbill.com. Another very good one is Verotel.com (I use Verotel for all my sites).

It used to be incredibly easy to get credit card billing services for a website. Literally, ANY website could start charging peoples credit cards. This lead to a lot of fraud, and chargeback’s.

68 Chargeback’s: these occur when a customer calls their credit card company and has them reverse a charge. It happens, a lot, and you have no recourse, because the credit card companies always err on the side of their customers. Literally, there are no questions asked, you the operator of the website is automatically assumed to be at fault, and the charge is reversed. Get enough charge backs, and your credit card charging privileges are revoked.

So what to do? I have found that on my websites, chargeback’s are not an issue. If you keep the product strong, giving people good value for money, they are less liable to initiate a charge back. Plus, make it easy for them to cancel!!

This sounds like a no-brainer, but I see many websites that bury their cancellation links. You have to be Indiana Jones to find it. On my websites it’s very easy to find. I have a button on my menu clearly marked “billing inquiries/cancellations”.

This has the added benefit of showing that you are honest and concerned about service, and will add to your signups. People would prefer to cancel than to initiate a charge back.

Yes, you’ll find a lot of dishonest people out there, like in any business. They will sign up, download your content, and then initiate a chargeback. But if won’t happen often. These people are a small proportion of your audience.

Which billing company to use? If you’re a US based company, try for Ccbill (www.ccbill.com) or Ibill (www.ibill.com). I say “try” because even if you are US based doesn’t mean they will definitely do business with you. Their criteria is always changing. At the time of this writing, to get a Ccbill account, you must be a US citizen with a SSN and a US corporation in good standing. Phew! What happened to the days of starting an online business from your bedroom?

69 Ibill, on the other hand, has completely restructured. They have new owners, and a more relaxed criteria. You need only a drivers license and a good site to get started.

Now, if Ccbill and Ibill won’t do business with you, have a look at Verotel (www.verotel.com). They are based in Amsterdam, and are VERY highly rated. Their criteria is less stringent than Ccbills and Ibills. I use Verotel for my billing, and have never had a problem with them. Don’t worry if you don’t have $1500 for their pro version, go with their tickets club. There are no upfront fees for tickets club and it’s a good system. I use it on my sites.

All three of these companies only provide credit card billing for access to members areas. They do not provide billing for tangibles, that is, items such as DVD’s, video tapes, sex toys, etc.

Selling adult DVD’s and other hard goods (tangibles) is more difficult. Up until last year you could use Paypal. Not any more. Only a few companies facilitate credit card processing for tangible goods. One is www.myvirtualcard.com. They also provide credit card billing for members areas, as well, so you get the best of both worlds: billing for your members areas, and the ability to sell DVD’s and videos online.

Some others:

StormPay http://www.stormpay.com

Fees: 2.9% plus $0.39 USD per transaction Withdraw: To bank account ($2), or request a check ($2, 1-2 weeks) Allows adult transactions: undisclosed in terms, assumed yes Privacy: does not disclose personal info to buyers Instant Payment Notifications: yes

70 International membership: yes Customer support: email only Debit card: yes (has fees associated - see website for details) ecount https://www.ecount.com/defaultecount.asp Fees: FREE to send and receive payments, fees only apply when adding or withdrawing funds to/from your ecount balance

Withdraw: To bank account ($2), request a check ($2.95), or use their debit card anywhere MasterCard is accepted ($6.95 one time set-up fee, $1 fee if used at ATM) Allows adult transactions: yes Privacy: does not disclose personal info to buyers Instant Payment Notifications: yes, real-time account info available online International membership: no “Be on the lookout for future enhancements.” Customer support: 24hr. toll-free & long distance #’s, email Debit card: yes, one time set-up fee of $6.95 Other: site difficult to understand and does not clearly define any terms, fees, or anything for that matter. You must dig.

Yahoo! PayDirect http://paydirect.yahoo.com/

Fees: FREE to open account, send eChecks and Express eChecks, add & withdraw funds, and receive non-credit card payments (Personal accounts cannot accept credit card payments at all). Fees apply for Professional accounts (which are allowed to accept credit card payments) Withdraw: To bank account only (free), does not issue checks Allows adult transactions: undisclosed Privacy: To send a payment, your name and email address must be provided by the sender Instant Payment Notifications: yes, real-time account info available online International membership: no, unless you have an account with a US bank

71 Customer support: email only Debit card: no Other: Cannot fund account with a credit card, only a bank transfer.

Personal accounts may not accept credit card payments (only Professional accounts) but are not charged any fee to receive other payments.

Professional accounts are charged 2.2% + 30¢/each transaction for Standard Professional or 2.5% + 30¢/each transaction for Preferred Professional (must receive at least $2000/month).

INTERESTING FEATURE: When receiving money, you must first accept each payment, and also provide information to have the payment credited to your PayDirect account or go directly into your bank account.

YowCow http://www.yowcow.com

No current information is available as of yet. ePassporte https://www.epassporte.com

Fees: Virtual Visa (online use only) free the first year, $5/year thereafter. $5 load/reload fee to add funds to your account. P2P fee $0.25 each transaction if less than 5 transactions per day, $1 for each thereafter. Visa Electron card (acts as a debit card) $35 start-up fee, $35 annual fee, $2 ATM withdrawl fee Withdrawl: NO bank transfers unless you have a Commerce account (as opposed to a personal account) Allows adult transactions: yes Privacy: does not disclose personal info to buyers Instant Payment Notifications: yes, real-time transaction and balance information International membership: yes Customer support: 24hr. toll-free # for US residents using personal

72 accounts, long distance # for international calls and Commerce accounts, email Debit card: yes, referred to as “ePassporte Visa Electron Card” for use at ATM and “PIN-based merchants” worldwide, whatever that means. Other: DRAWBACK: Very heavy fees!! Must have a Commerce account (which is more difficult to set up) to withdraw to a bank account, little to no online info about Commerce accounts, long distance customer service # for info

Before you approach any of these companies to have them handle billing for your site, make sure you actually have a site online for them to review.

Another option is to sell your DVD’s through other sites. Clips4sale (www.clips4sale.com) lets you sell individual video clips. Ebanned (http://www.ebanned.net) is like EBay, but dealing with sexual material. You can auction your DVD’s and whatever else you are selling. Also, these sites: www.eroticvideos.com, http://www.videos4sale.com.

I’ve built my site. Now what?

You’ve built your site and now you’ll need to find a web host, that is, a company that specializes in situating other peoples websites on their computers. Web hosts vary in size, capability, and price. There are thousands of web hosting companies. A good place to start would be at a porn webmasters website such as www.gofuckyourself.com, www.ynot.com, and www.xbiz.com .

These websites are popular gathering places for people in the porn business, and membership is free. I strongly suggest that you join, and peruse the articles and discussion groups. All of these sites are invaluable resources for you in this constantly evolving business. You will find discussions about billing companies, web hosts, rules and

73 regulations, trends… everything you want to know about the porn business is being talked about in these sites.

Also, have a look at Adult Video News (www.avn.com). AVN is the Variety or Hollywood Reporter of the porn industry. Make a habit to check into each of these sites daily, and you will always have your finger on the pulse of your business, as well as where the business is going.

Back to web hosting…. As I was saying, there are literally thousands of web hosts. You’ll be starting out with virtual hosting. Virtual hosting is an arrangement whereby you share a server with other websites. This is versus dedicated hosting, where you pay for your very own server.

I have had pleasant experiences with Hostdime (www.hostdime.com). They are inexpensive and very reliable.

For the high end, have a look at XXX Web Hosting (www.xxxwebhosting.com). They are expensive, but very capable. They use fast servers, networks, routing, and don’t bog down if you get listed on a TGP and suddenly are inundated with visitors.

You can also do a Google search for “adult web hosting”. You’ll see thousands of them. So which one to choose? And therein lays the problem. Here’s a bit of background about the web hosting business:

Anybody can get into the web hosting business. You need only a server and an internet connection. A cottage industry has sprung up to cater to web hosting businesses. Companies such as Ev1 Servers (formerly called Rackshack) (www.ev1servers.net) will lease unmanaged servers complete with internet connectivity.

74 Because they are unmanaged, you would need to know how to run a Linux based webserver (it’s a full time job itself).There are companies offering managed servers. Server Beach (http://www.serverbeach.com) provides servers that they manage, so you needn’t have to operate them yourself. They would provide all patches and technical upgrades, etc.

So you can see how easy it is to lease one of these servers, and hang out a shingle with your name on it and suddenly you’re in the web hosting business. This makes for a very high level of incompetence in the business.

Conversely, if your website(s) grow to an extent that virtual web hosting is no longer feasible, you can easily lease your own server. But be warned: know what you are doing. Have a solid understanding of Linux, and Apache web server, and firewalls, and anti-hacker methods. You’ll need ‘em.

Bottom line: there are good web hosts and there are cheap fly-by- night hosts. A bad web hosting company can kill your online business, with slow servers, overloading of those servers with too many other websites, inconsistent connectivity to the internet, or worse: inadequate security, and hence they are always getting breached by hackers.

Stay away from your brother in laws new web hosting company, or a friend of a friends, etc. You get the point. Check out the webmaster websites I listed on the previous page.

Ask around about web hosting. It’s a tight knit community, you’ll find invaluable answers to your questions.

You want to know about :

75 1 How much space on the server you can have to place your website on.

2 Data transfer allotment. How much data transfer do you have per month allocated to your plan? The higher the amount, the better. It is common to be charged overages for any data you transfer beyond your limit. Know how much in advance this extra cost is. You don’t want to end up with a $3,000 bill for a month of web hosting service because you went over your data transfer allotment.

Oddly, data transfer allotment is also referred to as bandwidth. It’s incorrect, but the usage is common, so if somebody tells you “our plan includes 200 gigs of bandwidth” you know that they are talking about how much data you can transfer.

3 Uptime and internet connectivity. Are their servers constantly going offline for some reason? Is their internet connection unreliable?

4 OS (operating system). The world is moving towards an operating system called Linux, with the software powering the actual web server being Apache. Both are very reliable, certainly more so than anything offered by Microsoft.

Those are some of the issues you will see when people are discussing web hosting, and now you know what they are talking about.

You have your web host.

You have your web host and you need to upload your files from your computer to your web hosting account. This is a process known as FTP. You need to FTP your files to the server. You can do this with any of a number of FTP programs. I especially like Cute FTP. It’s inexpensive and very easy to use. http://www.cuteftp.com. You will need to know your IP address and login credentials (username and password) but your web hosting company will provide that for you.

76 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

Keeping your site fresh. Ideally, you need to update twice a week, one per week at the very least. That’s a lot of content! The big sites target 50 complete movies per year. That’s fine if you’re one of the big guys, billing several million per year. In that case you have the budget and the time to constantly create new content.

If you’re producing your own content people will give you more leeway regarding frequency of updates if you have a truly original product and your price is right.

Plan your shoots to maximize the amount of content you can create. You needn’t have a different girl every week, just new pics and video, possibly of the same girl.

If your content is thin, consider this business model: no recurring charges. As mentioned earlier, membership sites are based upon the concept of recurring charges. A person will sign up for one price, and then opt to have his credit card automatically billed a lesser amount every month.

I recently launched a new site that has only a few girls. So what I have done is created a non-recurring price structure. A person signs up for, say, $19.95 and gets immediate access to all the pics and video clips online plus gets a DVD mailed to him/her. It’s a one time charge, and it’s made clear to the person that there will be no further charges. It’s an effective price model and I know of nobody else that is doing it. It works very well for sites that have a small amount of content.

You can also integrate this approach with several affiliate programs to generate several different revenue streams. Very conceivably, you can start a site with one shoot. You would have a set of pics and/or video clips of one girl, which you would use to attract people to your site, and the rest of your site could be comprised of material from affiliate programs.

If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free

As you make more money, you can afford more shoots, and hence you will have more content. Eventually you will get to a point that you are creating so much material that you will be able to offer updates once or twice per week, and then you can embrace the recurring charges billing model.

It’s a thrill to start a small site and watch it grow ☺

Promoting your site

By now you have your site designed, uploaded, and of course you have registered your domain name (you haven’t? Best place for that is www.godaddy.com. Very good and the most inexpensive place on the net to register a domain name).

The best way to promote your website is to have other websites promote them. Sounds crazy, eh? There is an entire segment of the Internet that has evolved to promote websites. They are called TGP’s, short for “thumbnail gallery post”. They are basically websites that consist of links to other websites just like yours. But instead of linking to your main page, they link to a gallery of your pictures and videos. Have a look at a couple: www.thehun.net, and www.bunnyteens.com.

Find the right TGP and you’ll have free publicity like you won’t believe. Here’s how they work. TGP’s are basically a list of links to other picture sites.

You would set up a gallery of pics on your site, and submit the url to a TGP site, in the hopes that your link would be included on a daily list of links. TGP’s generally have a large audience of people who wish to look at free pictures and videos. So TGP’s rely on submissions of content from web sites to keep this audience coming back. It’s a win- win situation: the TGP site gets free content, and you get exposure to their audience.

78 There is a downside to this: you better be prepared to handle the amount of hits you’ll be getting, and fulfill the orders you’ll get. My first ever listing on a TGP was the Hun (www.thehun.net). The first day listed on The Hun my site experienced over 100,000 hits! That wasn’t hits to the gallery, but click throughs from the gallery to the site!. That means 100,000 people were intrigued enough by the pics on my gallery to click through to my site. The Hun throws up its daily list of links about midnight (central) time.

I was unprepared for the spike in hits to my site. Within hours the company that hosted my site started sending my nasty emails that I was over taxing their server, and was way over my limit in bandwidth. Plus, I had to scramble to make copies of tapes to cover all the orders. Also, I wanted to keep those people coming back.

One more thing about The Hun… it is the biggest TGP out there. I have found their conversation rate to be very low. That is, the ratio of people visiting my site to take a peek, versus the visitors who actually sign up. My first listing on the Hun yielded tens of thousands of visits to my site, but few sign ups. Instead I ended up with a bill for $3500 from my ISP for bandwidth overages.

It was very unpleasant. Unless you have a very good ISP package, and a highly appealing product, stay away from the Hun, and stick with the smaller TGP’s, where the conversion rate is better.

This is how porn sites are marketed. And it’s very effective. It is truly a symbiotic relationship between the porn sites and the TGP’s. The TGP’s rely on content which the porn sites provide in the form of picture galleries, and the porn sites benefit by experiencing traffic to their sites and sign ups.

Some TGP’s charge, most don’t. You may find it worth while to pay for a listing on a TGP. I’m assuming that you’re just starting out and that you may be working within a budget, so submit to the free ones.

TGP’s are not hard to find. There are literally thousands of them. I have included a list of TGP’s that I have found to be very effective. That is a good place to start. Every time you discover another TGP, add them to the list.

You can submit your galleries by hand, or have software do it for you. The two best automated systems are : www.advancedsubmitter.com, and www.russiansubmitter.com. Also, have a look at this company: http://www.gallerytrafficservice.com

Each will enable you to submit to thousands of TGP’s instantaneously. Prices vary, so have a look at each service and find the one that’s best for you. Or, you can submit to TGP’s manually. This is very time consuming, but gives you the added benefit of tracking the results yielded from each TGP.

Also, too much traffic, when you’re starting out, can be expensive. I’ve seen this happen before: somebody manages to get their site listed on The Hun (www.thehun.net) and suddenly their website is subjected to several hundred thousand visits (hits) per second! Within minutes their monthly data allocation has been exhausted, and they get a bill for a few THOUSAND dollars in overage fees at the end of the month.

When you’re starting out and learning the business, stick with the smaller TGP’s.

Here are some more insider tips about TGP’s:

No kiddy porn, bestiality or other illegal content. If there is so much as a whiff of anything illegal or unethical, the TGP’s will ban you for life. Put together a gallery of no less than 20 or 30 pictures. These should be thumbnails, linked to a larger JPG, not an HTML page

80 containing the JPG. TGP’s are concerned about pictures being linked to pop-ups or consoles, and will only list thumbs linking images. How do they know what your pictures link to? They have scripts that scan your site. When you submit a url to a TGP, a “bot” will automatically scan for pics linked to HTML pages. They will also scan for “no right click” scripts in your page. A “no right click” script is a snippet of code that some people put into their web pages to prevent people from downloading pics to a users hard drive. The code disables the right mouse key. It helps if you have a banner linking to the TGP you want to be profiled on. All the major TGP’s have a webmaster area where you can download their banner, which you can drop into your gallery. This will give you an edge. The major TGP site get several thousand submissions per day, and only choose 50 to 100. The odds are against you, but you can increase your chances of being listed. Create a different page for every TGP you wish to submit to. The page can contain the same pics as your other TGP pages, but ensure that you have the TGP’s banner linking to the TGP. They look for that. And make sure you don’t list other TGP’s on that page. They look for that ,too, and they consider it insulting (rightly so). Do your research!! Target a TGP, and spend some time going through the links they have there to get a feel for the kind of material they list. If your first submission is ignored, wait a week and submit a different one. It has to be a different URL (just change the name of the directory) and change the pics. Before resubmitting remember the criteria: nothing illegal, no links from images to HTML pages, no “no right click” code, no banners linking to TGP’s other then the TGP you are targeting.

If you still get ignored, don’t be discouraged. I was turned down several times before I got listed, and nobody told me why. It was only after researching TGP’s that I came up with the criteria listed above. Once I implemented everything listed above, I was accepted by the Hun. If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free updates of this e-book. © Vertigo Multimedia Inc.

If you are impatient, or just cannot get listed, TGP’s will list you for a fee. The fees are very reasonable. For an example I’ll use The Hun, one of the most popular TGP’s. The Hun garners eight million hits per day. Most of those are regular viewers. At the time of this writing, a link will cost about $500. This would get you the link at the top of the list, and you remain at the top for one year. That’s a pretty good cost per thousand, that is, the cost of reaching one thousand persons. You can also purchase banner ads, but text links are your best bet.

Most of the TGP’s will send you advertising information.

Ok, so you’ve been listed on a TGP, what now? First of all, you want to maximize that traffic. You want not only sales, but you want people to come back. On my page I had a mechanism that displayed on every page of my site. It was a left frame, and displayed the following text: “Would you like to be notified of upcoming specials, videos and pics?” Then I had a text box ( a form object) where people could input their email address. Below that, another text box with the label “I would like to see more of”. The idea was to get peoples email address’s, plus feedback about what people want to see more of.

People are naturally suspicious of giving out their email address to just anybody. You have to assume you are a stranger to these people. Therefore, have an incentive. You know you’re going to be getting serious traffic for about a week, so have a special of some sort. In my case it was a two for one video special; anybody who entered their email address during the next week would be emailed an offer to receive a free video with every purchase.

82 Incentive is very powerful. People like to feel they are part of something exciting, and are also getting a deal. You want to get an ever expanding mailing list with which to announce new additions to your site. This is essential whether you are selling videos or subscriptions to picture galleries.

Affiliate programs are starting to catch on as well. These are partner programs with other websites that pay you money every time somebody clicks through from your site to theirs. There are some very good affiliate programs out there, and like everything else about this business, they are evolving. One highly rated such affiliate program is Lightspeed Cash (http://www.lightspeedcash.com/)

Banners. Banners are small space ads that link to your site. You’ve seen banner ads all over the Internet. You can buy advertising space on somebody else’s website, the advantage being that you can leverage that sites existing user base. The downside is that this can be very expensive.

Some sites will also enter into banner exchange agreements, whereby you list their banner on your site, and they place your banner on theirs. This is very effective. You won’t the mega sites interested in banner exchanges, but smaller sites are open to exploration. Simply email them and inquire about exploring the possibility of a link or banner exchange.

Newsgroups. You’ll find newsgroup on Usenet, which you can access with a newsreader program. Outlook Express has newsreader capabilities, and you can find free news reader programs on Tucows.com.

Usenet used to be interesting, with people posting pics and messages. Alas, today most of the sexually themed Usenet groups are inundated with spam, so their value as a promotional tool has somewhat diminished.

83 However, these groups charge nothing to post, but you may get “uninvited” if you are too obvious with your promotion. To find appropriate news groups, simply open a newsreader program and do a keyword search for “sex” and “erotica”.

Promotional companies. If you really have money to burn you can contract companies to promote your site. These companies specialize in promoting adult websites, but they are expensive. Just do a search engine search for “adult internet marketing” or “adult site promotion”.

For photo manipulation, have a look at Fireworks (www.macromedia.com) and Photoshop Elements (www.adobe.com). All you need it a program that will allow you to resize and perform color corrections. Hint: use the “auto adjust” feature in the programs to give you the best looking pics. In Fireworks, it’s filters, adjust color, auto levels. It’ll automatically color correct your image.

It’s also a good idea to have your “watermark”, that is, your logo on the pics. It makes it harder to steal.

The pic above is watermarked. I created it with Macromedia Fireworks, but for multiple pics the best program is Photowatermark Professional, available from www.photowatermark.com. This amazing program will batch process hundreds of pics in mere seconds, adding your logo to every pic, and hence saving you a LOT of time if you were to do it manually.

It’s a good idea to add your logo in your videos as well. Most video editing programs, even the low end ones, will enable you to add text to the video image.

GALLERIES: You can buy very good software that will make your galleries for you. One of the best, and the one I use, is Thumbs Plus (http://www.cerious.com). Thumbs Plus will take all your images and resize them (if you want) and create all the code for your gallery of pictures. It’s very convenient, and inexpensive, and I can’t recommend it highly enough.

85 If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free updates of this e-book. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

Search engines: Search engines can provide you with tremendous exposure and they’re the best place to start. And it’s all FREE. Search engines will try and upsell you to paid advertising (such as Google Adwords) but this will be a complete waste of your money.

Certainly, list your sites with all the major search engines, but don’t pay for premium listings or mechanisms such as “Google Ad Words”. I have seen no end of adult Webmasters that have shelled out $600.00 to be listed on search engines, only to regret it.

How much money does a Webmaster have to pay for promotion? Yahoo has decided to charge $600.00 (see http://add.yahoo.com/fast/add ) to have your adult site considered to be listed in their directory.

That’s right. They will soak you for $600, non-refundable, and that’s only for them to have a look at your site and decide whether to list it or not. If they decide not to list it, they don’t refund your $600. Don’t pay Yahoo a penny!

Yahoo does have a very basic (and free) listing service, but I have not analyzed the metrics to ascertain how effective it is. You can add your site here: http://submit.search.yahoo.com/free/request

Netscape has an online mechanism that claims to submit your websites to 400 search engines every month. You can find out about it here: http://digitalwork.netscape.com/searchengines_buy.html

Just because a particular search engine has been around longer than the others does not mean they are the best guys out there. When you

86 have an adult website there are plenty of markets to target. There are 30+ huge search engines that are used by millions of people and the price they charge is priceless, FREE.

Don’t get fooled into thinking that you have to pay $600.00 to have your site get any traffic. In fact if you wanted to spend $600.00 you could buy some nice advertisement space on a porn site and get way more traffic and signups.

Submit your site to Google.com – http://www.google.com/addurl.html

Google is not adult specific, but it is free, and sure to drive traffic to your site.

Search engine advertising is very effective for most businesses, but porn isn’t one of them. There is simply too much competition out there. Save your money: don’t purchase advertising on search engines for your porn site. But certainly list your site with the major search engines.

Under the hood: meta-tags.

What are meta tags? They are information inserted into the “head” area of your web pages. Basically, they make your website search engine friendly. Other than the title tag information in the head area of your web pages is not seen by those viewing your pages in browsers. Instead, meta information in this area is used to communicate information that a human visitor may not be concerned with. Meta tags, for example, can tell a browser what “character set” to use or whether a web page has self-rated itself in terms of adult content.

More importantly, when search engines (such as Google) are scouring the Internet in search of web sites to index, they are looking for meta tags. The right wording in your meta tag section of your web

87 page will be a key factor in whether or not a search engine finds you and lists your site.

Google is the biggy of them all. Hundreds of search engines exist, but the only two that really count are Google and Yahoo, with Google being the more important of the two.

Here are some factors crucial to making your website search engine friendly. First, ensure that your main page (your index.htm page) contains between 300 and 500 words.

Secondly, include your keywords on your homepage. If you have words such as “sex” and “teen” (or whatever) in your meta tags, you must have them in the body text of your main page to even be scanned by a search engine.

Your website code would look something like this:

Google seems to put more emphasis on the first 25 words on a page and also how many times your keyword is present. There is a free

88 online search engine simulator that you can use to analyze your site: http://www.delorie.com/web/ses.cgi And this online mechanism will ascertain how many times a keyword is found on your web page: http://www.webjectives.com/keyword.htm Ideally you should have a density ratio of 5%.

The spiders that the search engines use to scan websites do not count graphics, so any word listed in a gif or jpeg will not count towards your ratio. Also, the more pages that make up your website, the better.

Here is a useful tool to see how many times people are searching for specific keywords on the internet and to see what your competition is like for these words: http://searchmarketing.yahoo.com/rc/srch/oyr.php (go to the menu and click on “keyword selector tool”)

I use a piece of software called Internet Business Promoter. This amazing software will analyze your site for keywords and make suggestions, and then submit your site to every search engine in the world, or only those that you want it to submit your site to. It’s available from http://www.axandra.com. It is well worth the money they ask for it.

Scrub the Web has a free meta tag generator that you can use online. It’s very useful. Check it out here: http://www.scrubtheweb.com/abs/meta-check.html

Linking

89 Page ranking, that is, how soon your website will be in front of a viewer after they perform a search, is also based upon how many other pages are linking to it.

The whole concept of linking in the eyes of the search engine companies is that when Site A links to Site B, then Site A is making a personal recommendation of Site B. Because Site A is willing to put their reputation on the line to share the story of Site B, the search engines have determined that Site B MUST be of higher value than Site C.

Google established their PageRank system a few years back based on this conceptual idea. Over the past few years, the other search engine companies have begun to adopt the linking model in their attempt to catch up with Google’s lead in the marketplace.

Because the search engine companies want to provide the best possible results to their users for a particular search, they have all climbed on the concept of link counting to determine the value of the sites that they are recommending to their users.

Doorway Pages

One technique is to create “doorway” pages. These are simply webpages that consist of a high density of keywords and link to your main page.

Let’s say that you have a teens site. A lot of key words would apply to that site. Instead of listing them all (sex, teens, cheerleaders, etc) you could create a doorway page for each keyword. Each page would consist of that keyword in the title, meta-tag, and body text of the web page. This results in a very concentrated density of the key word.

It doesn’t work. The search engines have software that searches for such doorway pages, and will penalize you, or worse, ban your page completely.

90 Search Engine Optimization

There is an entire industry devoted to search engine ranking. Individuals whose sole purpose is to ensure that you achieve the highest possible rankings in search engines. These people call themselves SEO (Search Engine Optimization) professionals. It’s all they do. So what are the best SEO strategies?

First of all, keep in mind that search engine optimization is a process. You won’t achieve it overnight. Search engine algorithms are all different and can be quite complex comprising many different elements.

While it’s not feasible to delve into the bowels of search engine algorithms, there are two basic optimization factors that play key roles in optimizing your site. They are typically referred to as on-page optimization and off-page optimization

On-page optimization refers to the elements of your web page that you can optimize yourself. Off-page optimization refers to the elements of linking and how your link partner sites link to you.

Let’s discuss each of them

On-page optimization (website strategies): - Each page of your site should have its own descriptive title tag, description tag and keywords. The keywords tag is seldom used these days, however each page should be optimized for a maximum of 3 per page, preferably one keyword per page.

• Be sure your title tag contains your best keyword or keyword phrase.

• Use header tags (h1, h2...) in the body of your page text. Search engines look for structure and organization. Using header tags indicates good outline form.

91 • Bold your keyword or keyword phrase once. It’s also a good idea to italicize and underline them once as well.

• Use keyword alt tags to describe an image used on your page. Since search engines don’t index images, alt tags allow the search engines to recognize all your content. Be sure not to stuff them with lots of useless information. Use your best keyword or keyword phrase and keep it short.

• Include quality, informative content on each page and keep your content fresh and updated.

• Pepper each page of your site with your keywords. Use your keywords in the first paragraph, the last paragraph and sprinkle them in between. Keep your keyword saturation at about 5%.

Cross link each of your site pages by placing a navigation bar on each page. Be sure the title of each page contains what the page is about.

For example, if a page is about “tour,” the page name should be “tour.html” or “tour.htm” and all the links to that page should be named “tour” and set up as:

tour or tour

• Create a site map. Site maps act like a table of contents. Site maps can help search engines find, crawl and index all the pages in a website ensuring that no page is left behind.

92 Off page optimization (linking strategies): Linking plays a large part in the optimization of your site so don’t just link to any site. You should adopt a methodology in obtaining useful, quality links. Here are a few tips:

• Keep the majority of your links to sites that have a similar theme as your site. Be sure the site complements your site. It should be one that you would use and recommend.

• Links should be slow and gradual. A sudden burst of links could indicate spam to a search engine.

• The higher the page rank of the page your link is on, the better. This doesn’t mean you shouldn’t link to pages with a low page rank, however the higher the page rank the better it is for you.

• The title of the page your link is on should be something other than ‘links.html’. If possible try to ensure it has some relevance in meaning to your site.

• When exchanging links, be sure to submit your best keyword in the anchor text.

GOOGLE Page Rank

Each month GOOGLE sends out it’s search spider called GOOGLEBOT, which uses a very complex set of algorithms based upon the above criteria, to arrive a page rank from 1 to 10. Now, to learn what your page rank is (and any other website), Google provides a free tool called the Google tool bar. It’s free to download, and you can do that from here (-- be sure to download it with the “Advanced Features”: http://toolbar.google.com/

93 Placing your mouse over where it says PageRank and then keep your mouse still, a yellow box will pop up and tell you the Google PageRank of that page. PageRank is based on a scale of 0 to 10, and is directly related to the significance of your back links. As you get more quality links to your site, your PageRank will increase.

You can use this tool to find out about your competitors. For example, go to a competitors website, click on Page Info, and then on Backward Links. This will display the number of other sites that are linking to your competitor.

Explore the other features of this tool. It’s very powerful, and constitutes an important component in ascertaining info about your site and your competition.

Here are some useful tools to use in your quest for online prominence:

• After your title and description, Google will look at the first 25 words of readable text on your page to see whether they are included in that are not. Now, Google does not register text that is in images.

Here is a tool that will allow you to see your page the way Google sees it: http://www.delorie.com/web/ses.cgi

It’s a search engine simulator. Simply type in your URL and it will display what Google sees on your site.

Remember, it’s important to include your keywords a couple of times within the first 25 words on your page. BUT:

Yes, there’s a “but” and it’s a big one: do not simply list your word 25 times. The same word over and over will be self defeating. Google looks for this and will demote your site for this.

94 • Ever wondered what your site looks like to the search engine spiders that crawl the web, looking for information to include in their databases? Go to this page to see what information is seen by the spider and what it skips over.

Spannerworks.com can also help you figure out how to troubleshoot content that seems like it should show up to a spider but doesn’t, with its HTTP viewer. They also have a tool that will analyze your keyword density. http://www.spannerworks.com/spidersimulator.0.html

• If you’ve been banging your head against the wall in an attempt to figure out why you haven’t hit the top ten results in Google, GoRank.com has a page that can give you important clues to help you figure it out. One of my favorites, the Top Ten comparison report, will scrub the raw data of the top ranking results for a given keyword. http://www.gorank.com/seotools/

In studying the results, you may find it easier to understand where your own optimization efforts are going wrong. Don’t forget to stop by Google for your API key at http://www.google.com/api as you’ll need it to create your free account.

• When you find what you may think is an ideal keyword, before you start tweaking your pages, it’s a good idea to run it through this tester. Using the Google API, it analyzes whether or not a given phrase will be worth your efforts.

You’ll already have to be well-versed in how to find good keywords to plug into the tool, but once you have that nailed, it’s pretty reliable in telling you whether it’s worth your time to target that phrase. If you use flash on your site, check out the flash viewer on their utilities page as well.

95 http://searchguild.com/difficulty/

The following tools are for monitoring your search results in the three major search engines. It isn’t an all-inclusive list, but rather a highlight of some of the tools you can use.

• Open up your browser and go to Google’s home page. Type in info:yoursitenameandsuffix. So if your site was Producerslounge.com you’d type info:Producerslounge.com. You can also use site:yoursitenameandsuffix to find out which pages have been indexed by Google’s search engine spider.

This search will tell you pages that Google considers similar to yours. It will also show sites that it considered linked to you, and show sites that carry your full url, hyperlinked or not. It’s not 100% accurate as far as telling you all the sites that are linked back to yours, but what you can learn from this is which backlinks matter.

From here you can also see the last day Google spidered your home page.

To see this in action, click on the first group of information links, “Show Google’s cache of yoursitename.com” If you look next to the word “cached” on the first line, the date is expressed also.

Sometimes it seems that the cached time for yoursitename.com and www.yoursitename.com are different, so be sure and check both.

• Yahoo. This document will tell you how to find out what sites are linking to you, give you the results for how many pages of your site are in Yahoo, and more. Once you get to the results page, you’ll be able to view your cached pages, etc. http://help.yahoo.com/help/us/ysearch/tips/tips-08.html

96 From the same folks who brought you Google Rankings, using Yahoo Search Rankings, you’ll be able to see where you rank within the top 1000 results in Yahoo for a given keyword. If you just want to see your Yahoo rankings, it’s quite helpful. http://www.yahoosearchrankings.com/

*MSN. As the page in the help section states, you can use site:www.yoursitehere.com to find out if a document at your site has been indexed. The results page will also give you the date of last caching. http://search.msn.com/docs/siteowner.aspx

• Google. You’ll need a free Google API key for this one, and this site has the direct link telling you where to get one. You’ll have to enter this key in order to query the site for information on Google.

With Google Rankings, you’ll be able to see where you rank within the top 40-1000 results in Google for a given keyword. They also have some other tools that will track your keywords over time, as well as one they call the “Ultimate SEO Tool” that will measure your site’s keyword density. http://www.googlerankings.com/ http://lilengine.com/tools/backlinks-tool.php

Alexa Traffic Rank

This is an extremely useful tool. Statistical information about any website (including yours) is gathered by a company called Alexa. The Alexa Traffic Rank is the average of the number of net users relative to page views for any particular site.

97 So the goal is to reduce the number quoted on your website by Alexa. The smaller the number the more popular the site is.

This is useful in not only determining activity for your site, but also assessing somebody else’s site. A competitor, perhaps, or somebody you wish to trade links with. Let’s say you wish to purchase a banner ad on somebody else’s website, and they are quoting you a certain level of traffic. With Alexa you can ascertain whether or not their numbers are inflated. A very good mile stone to aim for is to get down below 100,000 and then if you can attain 30,000 this would be considered very good. Remember, it’s a ratio of users in general versus visits to your site, so as your link popularity increases, your Alexa Traffic Rank will lower, meaning it’s better. Just remember: lower is better. http://www.alexa.com/

And to keep up on what is happening in the business of search engines, have a look at http://www.searchenginewatch.com

Also, I included a list of search engines in the appendices of this document

I’m focusing a lot on video. It’s the future. Hell, it’s the PRESENT. Video is perfect because it’s cheap and it’s captivating. People like to see moving pictures. As the Internet advances, so does the demand for video. The total investment is modest and the impact is huge. If you have no experience with video, and no clue about the medium at all, read on, I’ll give you a quick overview.

98 The first thing you need is a video camera. There are two considerations: will you be creating video for the Internet only, or will you also be creating for distributed DVD’s? If you plan on creating video for the Internet only, since the final video will not be full screen and full motion, you don’t need an expensive video camera. Any good consumer camera will work. Mini DV (digital video) cameras are the best you would need. If you don’t already have a video camera, you can find good used ones for $200- $300. New ones for $400-$500. For DVD quality video, you’ll need spend a little more, but not much. You’ll definitely need a three chip camera. Three chip cameras are also referred to as “3 ccd” cams, because they have one light sensor (chip) for each color of the RGB (red, green, blue) spectrum. Colors are a combination of red, green, and blue, the three primary colors. So a three chip cam yields the best image because it has one chip to deal with each primary color. You don’t need to know that, just understand that three chip cameras are far superior to one chip cameras. If money is no object, then the more expensive the cam the better. You can get used Sony PD150’s and PD170’s on EBay quite reasonably priced. Ditto the Sony VX2000.

I REALLY like the Panasonic GS400 (I have one) because it is an amazingly small three chip cam with a flip out monitor. I also have a Canon XL1S. The Canon XL series are available on EBay for a good price as well. By the way, the cams I just listened are standard definition video cams. You should know that the world is moving away from standard definition television to high definition television. In case you don’t know the difference between the two I’ll give you a quick synopsis.

99 High Def, Standard Def, What’s The Dif? High definition programming has a 16:9 (widescreen) aspect ratio, the same as a movie screen (only smaller), and more lines of resolution. Standard definition has an aspect ratio of 4:3, and much fewer lines of resolution. High definition is purely digital, while standard definition can be digital or analogue. Basically, high def is bigger and sharper than standard def. This affects us in the long run. In the US, the Federal Communications Commission is requiring all United States over-the- air television stations to make a full transition to digital by December 31, 2006. Digital television consists of three formats: standard (480i), enhanced (480p), and high definition (720p, 1080i, 1080p). In coming years, analog television sets will be like 8-track players: collectors items unless you purchase a digital-to-analog decoder. The point is: digital high definition is not only the new format, it’s the new standard for television. Do you need to rush out and buy a high definition cam? No. There is still some life left in standard definition video. In fact, high definition disc players are still not widely available. And the industry has not agreed on one disc format. Right now, two high definition disc formats are battling for dominance: Blue Wave, and HD. This is the classic Betamax versus VHS battle we saw with VCR’s in the 80’s. We all know who won: the cheaper but inferior technology, VHS.

It’s too early in the game to know which disc format is going to win. The few production companies releasing titles in high definition are, not surprisingly, porn companies, and they are hedging their bets by releasing in both formats. So we know this:

100 For producing, high definition is comprised of 720p, 1080i, and 1080p (refers to fields and lines of resolution. Produce with cameras that capture in 720p, 1080i, or 1080p and you can create high def video. For playback on disc, two formats are fighting it out (Blue Wave and HD) and there is no front runner. Broadcasters are moving to high definition, and high definition television sets are available, but the high definition players (that’s the Blue Wave and HD I was mentioning) are not widely available.

So even though TV channels are broadcasting high def programming, DVD’s still have a few years of life in them But I’m recording all my content in high definition now.

Why?

The primary reason is that high def cameras are available now, and inexpensively. You can buy one of the better high def cams, the Sony HVR-Z1, for about $5,000 US dollars. I just bought one, and it’s an amazing cam. I’m recording all my shoots in high def, releasing them on standard definition DVD’s, and when one of the disc formats wins (Blue Wave or HD) and people start buying high def players, I’ll already have a lot of content created in high def that I can go back and re-release on high def discs. If money is no object and you are going to be purchasing a camera, I strongly suggest you buy a high def cam, and I cannot sing the praises of the Sony HVR-Z1 high enough. A stunning high def cam.

101 One more thing about high def… you can produce video clips in high definition. Microsoft has a high def version of their Windows Media Player encoder. One of my favorite video editing programs, Vegas Video 6, has high def templates. You can create high definition video clips very easily, and sell them via DVD and CD. They are only viewable on computers, but a DVD or DVD of high definition video clips is another product that you can sell. Have a look at this webpage for more about Microsoft’s high definition video offerings: http://www.microsoft.com/windows/windowsmedia/content_provider/w mvhddvd/default.aspx

Avoid VHS, 8 MM, and High 8! These are of low quality. An “acceptable” tripod will be about $100 (if you can spend $300 for a fluid head, or at least fluid action, tripod) and a hand held microphone about $50. I like the Azden 990 shotgun mics that fit onto a camcorder nicely; they sound wonderful, and eliminate all traces of camera whir, that is, the noise created by the cameras motor. Mini DV camcorders come equipped with Firewire capability. Firewire is a cable that connects your computer to your camera and transfers the data. If your computer doesn’t have a Firewire port, you need only pop into a computer store to purchase a Firewire card. They are very inexpensive and easy to install. The combination of mini DV and Firewire is a godsend for producers because there is no loss of quality at all when transferring video from tape to computer and then back to tape. The quality of even the low end mini DV cams astounds me. If you’re shooting outdoors you probably won’t need any extra light. If for some reason you do, (perhaps the sun is not always in the right place to light your subject the way you want) get some large sheets of foam core white board at the office supply store for around $10 and use it to reflect the light onto your subject. Works great which is why the pros do it.

102 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

For indoor lighting, open up the curtains and use as much natural lighting as you can. If you can afford to, purchase some video lights. A good set can be purchased for under a thousand dollars on eBay. Video lights differ from normal lights in that they are tuned to the frequency of video. It’s called “the color temperature”. The color temperature of video is 3200 degrees Kelvin. When we talk about color temperature we are talking about the color scale against which all light is measured. Daylight itself varies a great deal, but by ‘daylight’ temperature we mean about 5,500 degrees Kelvin. Kelvin is identical to Celsius, except that the K scale starts at absolute zero, which is -273 Celsius. So daylight, at 5,500K is the color of light that would be given off by an object heated to 5,500K.

Just remember this: video lights have a color temperature of 3200 degrees Kelvin, for still photography it’s 5500. Keep that in mind and you’ll sound like you know what you’re talking about! Conversely, I have shot in hotel rooms using cheap construction site lights that somebody bought from Home Depot. Not as great as video specific lights, but they work. Still Cameras Still cameras are far less complicated than video cameras. Digital still cams are popular and inexpensive, and yield an amazingly high picture quality. Generally, all you really need to know is that the higher the megapixel count of the chip, the better the camera. Again, it comes down to chips. Still cams, like video cameras, have light sensors to record the image. The bigger the chip, the better the picture. The lower end cams have 4 or 5 megapixel chips, the better ones up to 12. Mine is an 8 megapixel Canon Powershot Pro 1. It is classified as a point and shoot camera. A professional photographer would laugh in my face, but for what we do the point and shoot digital cameras are perfect. They automatically adjust all the settings (shutter speed, flash intensity, exposure, etc). All you do is point… and shoot.

103 If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free updates of this e-book. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

You can get digital SLR’s. They are far more expensive than the point and shoot cams, and very much LESS automated. You need to know what you’re doing. If you’re going to be taking pics for your website, a point and shoot digital camera will suit you fine. Basic Porn Lighting Techniques Professional lighting fixtures can run as high as $3000 or as low as $100 per unit. Deciding on the look, feel and visual ease of the production is a must when determining what type of lighting to get. Another concern is what types of lights to buy and where to place them.

TECH TALK

First, we’ll discuss the proper lingo to use when discussing lighting techniques. Although terms may differ, depending on factors like country, studio, single camera or multi-camera shoots, I’ll try and keep it general. VIDEO LIGHTING: Key Light. Your main light source. A light fixture placed at the four, six or eight o’clock position, as per the main shooting area or talent. The Key Light will define the main shooting area or talent by creating harsh shadows and highlights. The Key light is often placed to one side of the camera position, left or right depending on the Eye Line (which is the direction in which the talent will be directing his/her action towards). This helps to create depth. Fill Light. Also known as Kicker, this is your secondary light source. This lighting fixture is usually placed at the opposite side of the Key light. This new light source will help soften the Harsh Shadows and highlights created by the main light source, hence balancing your lighting. Diffusion or lower wattage is usually used to help achieve this effect.

104 Back Light. This lighting fixture is placed at the twelve, ten or two o’clock position, as per the main shooting area or talent. The Back Light helps separate the main shooting area or talent from the background. When shooting an interview, the Back Light will throw some light on the shoulders of the talent and creates a halo or “hair light” around the head, hence separating the talent from the background. A second Back Light can be used to create a less dense or single light source look. When using two Back Lights, you must not position these lights beyond the three or nine o’clock position, as they will spill light onto the front of the talent or main shooting area. Spill. Also known as splash. A lighting fixture whose only purpose is to create depth and texture. This lighting fixture can be placed at any position from the nine o’clock to the three o’clock back position. These fixtures must be aimed towards the background wall in order to emphasis depth to the set. With the use of flaps called “Barn Doors,” this light can be shaped. Opening and closing the Barn Doors can create the illusion of a window (off camera) or a small lamp. This will aid in creating depth that otherwise may be hard to achieve on small, compact sets. Barn Doors. Metal type flaps that can be found on high-end professional lighting fixtures. Open Face/Closed Face. These terms refer to the construction of the lighting fixture, either with or without a thick glass lens placed in front of the reflector and bulb. Diffusion. To diffuse the light source; also referred to as softening the light source. Diffusion can be achieved with different types of diffusion paper: white diffusion, frost, tough spun, opal, scrim, etc. Diffusion can also be achieved with the use of a soft box or Chimera (a brand name). Bounce. A redirection of the light source by using a matt white surface to bounce the light; a wide, softening flat light source is created. Color Gels. Fire-retardant paper used to color light. Available in a rainbow of theatrical colors. Color-Correction Gels. Fire-retardant paper used to color-correct light. For example, changing “Tungsten” to “Daylight,” etc.

105 DIRECTIONAL LIGHTING

Your basic lighting technique is known as “Three-Point Lighting.” This includes a Key Light, a Fill Light and a Back Light. For “single interview” type of shooting, this kind of lighting technique is perfect. But for porn use, this type of lighting will create a world of problems. A contributing factor would be the different camera positions needed to shoot a pleasing scene. Shadows and hot spots would be your biggest concern. Use this lighting technique for porn and in the end you will have a scene that looks... well, quite bad and plain amateurish. Unless you’re a seasoned lighting professional, directional lighting will drive you crazy. You can spend all day trying to figure out how light moves, but every time your camera and/or talent moves from one position to another, new lighting problems will occur. As little as an inch of movement can throw horribly harsh shadows in the most unfortunate (think money shot) places. Simple close-up shots will be near impossible without a lighting change.

THE SUNGUN SOLUTION

Some directors have overcome this problem by adding more soft lights and a very special Key Spot or “Sungun.” A Sungun is a small, portable light that can be placed on top of the camera. But for porn, shooting this light will be more of a problem then a savior if not used properly. The best way to utilize this light would be to use a holder or assistant – someone who holds the light and points it in the direction of the camera’s view without creating harsh shadows or hot spots. In order to achieve this, the Sungun should not exceed 50 watts, and 5 to 10 watts would be preferable. Always use a diffusion to soften this light. Since this light is used only as a Fill Light (to remove harsh shadows and highlights), lots of practice is needed to do this properly. The cameraman and his or her assistant need to be in constant communication, almost in unison with each other. Mind you, this type of lighting technique for porn is mostly used in higher-end productions.

106 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

BOUNCE LIGHTING

We won’t be using Directional Lighting to learn our basics; Bounce Lighting will be our best friend. Ever heard the saying “Simple Stupid”? This is true of Bounce lighting. You can’t mess this up. It’s been said, whenever in doubt, bounce! There are many techniques in the fine art of bouncing light. The most general and widely used is the “Ceiling Bounce” or “Wall Bounce.” Point your lights at an approximate 45-degree angle towards the ceiling. Try to get the light as close to the ceiling as possible; extend your tripod until your light is inches from the ceiling, keeping just enough distance so that an hour or two of shooting won’t burn your paint. Place your Key Light (the stronger one of the two) at the four, six or eight o’clock position, making sure that the bounce will reach the talent or main shooting area with the most intensity. Keep in mind that light bounces at a 90-degree angle. Understanding this concept will help you in placing the light at the proper angle. Now place your secondary light source (Fill Light) at the opposite position of the Key Light. It’s not a big deal if your light sources are of the same intensity or wattage. Just place the Fill Light at a greater distance from the talent or main shooting area. Now you have balanced lighting falling on the main shooting area. To verify that you’ve done this properly, a light meter can be used. However, if you don’t have one handy, use your hand. With your hand open and angled in the direction of the camera’s view, move around the shooting area keeping a strong eye on the shadow movement for your hand. If the shadows on your hand don’t move around too much, you’ve done your job right. Depending on the room size and ceiling height, the intensity of the lighting will differ. For larger rooms, add directional lighting in the form of a Soft Box at the five and/or seven o’clock position and about 3 to 4 feet from the ground, fully diffused to approximately 250 – 100 watts. You can pull the light back if you don’t have a dimmer on your lighting fixture. This soft light will lighten up the dark areas on wide-

107 angle shots and allow you to get in closer without throwing the dreaded “cameraman shadow.” In essence, the angle of the soft box will move your personal (cameraman) shadow off to the side rather than in the wide-angle view of the camera lens. Umbrella Bounce When is umbrella bounce lighting needed in video production? I’ve used bounce umbrella lighting as a quick and easy way to set up lighting in an otherwise a difficult setting – like a dark hallway (dark walls and carpets with high ceilings). The reason is simple: some colors and textures absorb light rather then reflect it, so in these cases more light is needed, even for a small area such as a face. You could use something like an open face Lowell Omni light (for example) and bounce it with an umbrella in order to get a soft balanced light using only one light source. Here are the problems we encounter when lighting for porn: Using two or more lighting fixtures will naturally create shadows. For example, two lighting fixtures set at 3 o’clock and 9 o’clock will create a full body shadow to the left and to the right of the subject. One shadow will be darker than the other. Remember “key” and “fill” light we discussed earlier? In principle, the higher up you set your lights the lower you can “throw” the shadow towards the floor… eventually removing the shadows from your shot. But this isn’t always true in porn. In porn, unlike most other scenarios, the camera is in constant movement with the action. Also the camera needs to get in hard-to- see places such as in-between legs where harsh strong shadows are always a problem. Directional lighting will always create a harsh dark shadow. On the other hand, bounce lighting is much softer and much more balanced, hence reducing the harsh shadows. But in-between legs there really isn’t much we can do, right? Wrong. When using umbrellas to bounce, you create a much larger “beam” of bounce light than directional lights would produce. This reduces the strength or harshness of shadows and throws the shadows to a much more acute angle (left and right).

If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free

This approach is great for reducing the size of that harsh shadow between the legs. This is one reason why girls in porn flicks seem to have her legs spread apart much more than would be needed in real life sex situations. If you find yourself in a situation where these shadows are still a problem despite the use of umbrellas then I strongly suggest using a small eye light or sun-gun. 3 watts should be sufficient in helping reduce this soft shadow and not burn the image. Umbrellas range in size and in material. Some come with a silver interior and a black exterior. Stay away from silver as they are not needed for video. Others come with two layers: a black layer and a white layer, the white layer being on the interior of the umbrella. These are very useful umbrellas. Should you ever be in need of an emergency soft-box, these umbrellas are the perfect replacement. Simply remove the black lining and place the umbrella in front of the fixture as you would a gel. You have now reduced the intensity of the light, creating much softer light – in essence, a soft-box. Bounce Light As A Fill Directional is sometimes the only way to go in a hard lighting situation, however don’t despair. A bounce, used as a fill, will lighten the image and create softer shadows than directional light alone. Using a white reflector disc, a white show card, or even a foam core mounted on a tripod will soften the whole feel of the frame. This also allows for maximum coverage of the light area. Remember: light bounces at 90 degrees. I have been known to use this type of lighting for a single blowjob scene where the camera movement is limited to just in front of the talent.

109 Soft Box Lighting A very popular style of lighting in porn is soft box lighting. Much more expensive than bounce/umbrellas, soft box lighting creates the same type of soft shadows that are needed to shoot porn. However, soft boxes will cover a much smaller area than an umbrella bounce and are still considered a directional light, hence a little harsher shadow than bounce. A soft box is an enclosed black box (made with fire- retardant materials) with a reflector on the inside. It is closed off with some soft diffusion gel. For tight budgets, building a soft box is fairly easy and painless. Rather than buy the soft boxes (they can run as low as $250 per), you can to build them at a cost of approx $45 each. At any hardware store you can purchase some Quartz working lights (300 watts). You’ve seen these powerful lights used in garages or web cam Houses. They create lots of heat and a very harsh directional light. Using one or two of these lights you can proceed to build a soft box using double-sided white and black foam core, but you can also use thick show card. Make sure to build the sidewalls at 45 degrees rather than 90 degrees, leaving enough space for air circulation so as not to burn the foam core or show card. Then close the box off with diffusion paper such as full opal or half opal. Build yourself a dimmer box and connect the soft box to it. This will allow you to control the intensity of your soft box. Alternative Pro Lighting On my higher end adult shoots I use a very different type of lighting: balanced daylight or tungsten florescent lighting fixtures. The most popular brand of these types of lights is known as Kino-Flows. These pre-balanced florescent tubes are pretty expensive to purchase (ranging from $1100 - $3000 per unit) and come with a dimmer, ballast and egg crate. In my humble opinion these lighting fixtures are ideal for porn. They create a cool light (no heat is distributed through these lights) which is much softer than bounce or soft boxes. My usual setups include 3 to 4 of these fixtures, depending on the size of the set, and either 4 bank or 8 bank units.

110 When using 3 Kino’s in a small room or set I place 2 Kino’s at 3 o’clock and 9 o’clock and up as high as I can get them, thus throwing the shadows as close to ground as possible. The 3rd light is placed down low towards the area that will be mostly used during the production… in other words, the penetration area. This third light will throw the cameraman’s shadow to the left or right and will still illuminate the much-needed money shot. A fourth backlight is used when the room or set is bigger and a back wall can no longer act as an effective bounce/fill. Renting a 3-light fixture kit will run about $300 – 400 per day. Balance your camera to either Tungsten or CTB (daylight) and I assure you a beautiful and well-balanced professional look with minimal shadows.

STILL PHOTOGRAPHY:

It can be distinctly different from video lighting. For one thing, the color temperature is different. Color temperature for video is 3200 degrees Kelvin, for photographs it’s 5500. For my shoots I keep it very basic! I like the amateur look and feel. I don’t want over processed, perfect looking pictures. I use a Canon Powershot Pro1 8 megapixel camera. With the flash that is native to the camera. A pro would laugh at that, but who cares? It’s the paying customer that I am pleasing. If you really want to go all out, drop by some of the camera stores in your area. You’ll see that you basically have three options for lighting: flash, tungsten lights, quartz halogen. Each have their pros and cons. Tungsten lights create an unbelievable amount of heat, but can be a cheaper option than flash, and is especially suitable for some types of still life subjects so you may want to consider the various options.

Quartz Halogen lights made for studio photography are the most popular, although not the cheapest option. Although they do run extremely hot, they are designed for the job and can be used with modifiers such as diffusers, barn doors and honeycombs, just like flash, but the modifiers are more expensive because they have to be capable of withstanding the heat. Because of this they are far heavier too, and because of the heat you’ll need to switch your lamps off and

111 allow them to cool before removing the modifier or even repositioning the light.

Photoflood lamps are really just glorified light bulbs, ‘overun’ to produce much higher light output and ‘whiter’ light than ordinary household lamps, they are cheap compared to halogen but they have 2 major disadvantages:

1. They only last between 2 and 5 hours at full power. 2. They darken with use, this reduces light output and also changes the color of the light

Oh yeah… quartz and photoflood lamps can explode, so always use a protective screen!

A third, and much cheaper option, is a standard 500-watt quartz security lamp. If you go for this option you will need to fit the lamps to a stand, for adjustability, but this is not a big problem. The only real problem with this type of lamp is that, because it is not designed for photography, the light beam is very uneven and always needs some kind of diffusion. This isn’t too difficult, because all that you really need is a fire-resistant reflector from which to bounce the light.

You don’t need to know this unless Spielberg taps you to be his next DP, but in case you’re curious: A bit more about color temperature: As the heat increases, the light becomes less red and more blue. Here are some examples of various types of light and their temperatures, they are guides only and not absolute figures. Color temperature of typical light sources

112 6,500 Daylight, overcast sky at noon. 5,740 average noon summer sun 5,600 standard outdoor “white light” 5,500 Photographic white (approx. 9440 deg. F) 5,070 average noon winter sun 5,000 outdoor light for most of the day 3,500 sun 1 hr after sunrise 3,200 photo flood-standard indoor “white light” studio lights 3,000 1000 watt incandescent tungsten halogen lamp 2,870 100 w incandescent light bulb 2,800-2,900 - standard house lights 2,000 sunlight at sunrise and sunset 1,900 candle flame

A good rule of thumb is that an electronic flash is about the same color as typical daylight and that the tungsten photographic lights mentioned above give off a more orange light. If you are using digital you should be able to adjust the white balance, if you are using color negative film you should correct the color by using a filter but these adjustments can be carried out at the printing stage instead. Electronic Flash is more convenient than tungsten and is pretty well standard in most professional studios. There are two basic types, Generator (also known as pack) and Monoblock. Generator lights have most of the ‘works’ in a large, heavy box that sits on the floor and connects via a heavy- duty cable to the lamphead. The lamphead basically consists of just a flashtube, modelling lamp, reflector and fan and so is light and fairly cheap. Because they are light they are less unstable when perched on the top of a stand, and far better when on a boom arm.

113

I find lighting for still photography to be more complicated than lighting required for video. If you really want to get into lighting for still photography, I suggest picking up one of the gazillion books on the subject.

What’s Next? Now that you have a good comprehension of lighting let me leave you with a few tips that will help assure a better-looking production: First, always remember to white-balance your camera to the final lighting scheme. Place a white board or paper at a right angle to the light in the middle of the action and white-balance your camera with whatever lens or attachment you will be using during the production. Second and equally important is to lay down an axis that will help you confine the camera’s movements to aid in keeping the lighting fixtures out of the shots and not confusing your audience as to the position or direction of the action. Keep these simple tips in mind every time you shoot and you will have better production values, guaranteed. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc. Editing software has also decreased in price. For the pros there is Adobe Premier, Final Cut, Vegas Video, and Ulead Media Studio. All of these are more than you need however, and can have steep learning curves. If you want just basic software at a reasonable price, have a look at Ulead.com. They have several low end editing software packages. You don’t need fancy transitions and effects. You merely need to be able to trim scenes and fade between them. Now, what to do with your video once it’s edited into a form that you are happy with? You have many options. The first thing is to copy it to a new, unused mini-dv tape for storage. You would do that via the Firewire back onto your camera. It would also be wise to create a DVD of your masterpiece. Video tape is history. DVD players are every where, DVD discs are cheap, and easy to author. Again, check out Ulead.com for an easy to use

114 and inexpensive DVD authoring program. These are good because they have templates and are wizard driven, so you needn’t know about compression codec’s and bit rates, etc. You’ll probably want your video available via your website. There is much more of a future for websites offering original video than still pics. There are a couple of ways you can make your video available: as streaming video, or as downloadable video clips. Streaming video means that the visitor can see the video while it is being downloaded from the server. A downloadable clip is exactly that: a short video segment that a visitor downloads to his computer before viewing it.

Streaming video starts playing almost as soon as the server begins to download it to the visitor. The visitor needs to have a plug-in to view it. The most widely distributed plug-in is the Real Audio/Video plug-in. Most web users have it already installed. If you have access on your server to Real Video for a reasonable expense ($10-$20 per month) than Real Video might be the answer for you. The license for adding Real Video to a server is high. The server must have the Real Video streaming software running on the server.

A lot of web hosting companies, such as xxxwebhosting.com, offer some sort of streaming video solution. I prefer Microsoft’s video format, Windows Media Video (wmv). The file sizes are small, the image quality is excellent, and a lot of video editing programs come with a module that enables you to convert your video as wmv clips. They usually have a selection of presets, so you don’t lose your mind figuring out configuration and settings. Also, Microsoft usually sells a wmv authoring program of some sort, inexpensively. Have a look at their site (www.microsoft.com) because their programs are always changing.

115 Another thing I like about Windows Media Video is that the clips buffers a small amount of itself before it starts to play. That is, it downloads five or six percent of the video to the users computer and starts to play, while the rest of the video clip downloads. Another benefit is that visitors can download and keep video clips. This is very attractive to users.

Divx (www.divx) is also very good. Their software is very inexpensive and the picture quality is stunning, but their encoder can be confusing, plus you may run into licensing issues. Also, your customer will need to download the Divx player. I suggest you go with Microsoft Windows Media Video.

When creating video, remember who your audience is and what they want. Don’t try to create something for MTV. Create a simple video that communicates. Keep it simple. The mark of a good professional video is the absence of gimmicks. A pro doesn’t rely on gimmicks. They rely on good story and careful production. That’s why their videos sell product.

They keep the focus on the product, not on their video wizardry.

Some Legal Mumbo Jumbo You need To Know

At the very beginning of your movie you will need a legal statement. It’s very straight forward, merely detailing that all the individuals involved in the production are over the age of 18, that you have adhered to the title 18 USC laws, and an address where such records can be viewed.

By federal law the legal claim has to appear at the beginning of your movie. Here is an example of an opening legal claim page:

116 WARNING

This video/material is intended for a select viewing audience, specifically adults over the age of 21 who view this content for instructional, informative and entertainment purposes only. It is understood that this video/material may not be sold to anyone without clear consent. This video may not be exhibited to any minor, nor any individuals who do not wish to view this video/material.

The records required by “Title 18 USC Section 2257 and associated regulations with respect to this video cassette, and all graphical material associated on which this label appears, are kept by the custodian of records at the office of the manufacturer at the following location. The following records contain proof of age, models social security numbers, actual names, aliases, stage names, and or nicknames. Keeper of records: ~YOUR NAME & BUSINESS ADDRESS GO HERE~ (Your Company) certifies to all commercial distributors of this video that said materials are in full compliance with the requirements of Title 18 USC, Section 2257 and related regulations. Copyright (place year of copyright); (Place company name here) All rights reserved. All models depicted were at least 18 years of age at the time of taping or filming. (Place the production date here or the day the film was shot.)

You must use your real name, but it is legal to place the first initial of your name followed by your last name. For example, J. Smith is perfectly legal.

Copyrights

What is a copyright?

A copyright is a collection of rights that belong exclusively to the

117 copyright owner. Copyright laws are intended to encourage the creation of new material by assuring that the work of creative individuals is protected. A copyright holder has five exclusive rights. These include the right to:

Reproduce the work Prepare derivative works (works derived from the original work such as abridgments, translations, or other adaptations) Distribute the work Perform the work Display the work

Just like other forms of property, only the owner or administrator of a copyright has authority to allow another person to exercise any of the owner’s exclusive rights. Sometimes the owner of the copyright is the creator of the work; other times, the owner is a publisher or organization that has been assigned the rights. To determine who holds the copyright, look for the copyright notice: the word copyright (or the symbol “©” or abbreviation “copyr.”), a year, and the name of the copyright owner.

The length of copyright protection varies according to when the work was created. While specific circumstances determine the exact duration of the copyright, works created:

Prior to 1978 may be protected for 95 years. In 1978 or later generally are protected for the author’s lifetime plus 70 years. Works that are not protected by copyright are said to be in the “public domain© Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

You definitely want to copyright your movie. Place a copyright at the bottom of the opening screen of your movie, after the legal claim page. If you do not copyright your work, somebody else can! Incredible, I know, but what’s important is whose name is on the

118 copyright. You could produce a movie and have somebody buy it, copy it, copyright it, and then there is nothing you can do about it.

Fortunately, copyrighting a piece of work is inexpensive and easy. The fee for a copyright averages $30. To obtain a copyright for your film, write to the below address or pop over to their website, and request copyright forms for your video. The forms will be sent to you within a few weeks and are easy to fill out.

Here’s the address to request copyright forms:

U.S. Copyright Office 101 Independence Ave. S.E. Washington, D.C. 20559-6000 (202) 707-3000 http://www.copyright.gov

So how to get your movie into as many adult video rental stores as possible? Indeed, you could compile your own list and contact each individually, but if you really want to ensure that your movie gets into as many stores as possible, you need a distributor. Distributors will make things a lot easier for you in terms of moving large volumes of movies. A distributor will buy certain quantities from you, and then sell your movies to the video stores themselves. Distributors are the “middle- men”. They will save you much time in terms of contacting video stores compared to doing it on your own. You will find a list of distributors and their numbers and addresses in the appendices of this document. And remember, a distributor will only consider your productions if they contain sex.

119 It is very difficult to get a distributor interested in you. They receive a gazillion calls a week from producers just like us. Most producers are hawking material that is simply not ready for prime time. Make sure yours is. Because you have only one chance with these outfits. If they agree to review one of your movies, and it’s garbage, they will never take your calls again. So your best bet is to start off small, with local video stores. Approach the adult video stores in your area. Call them and ask how you can reach that companies buyer. Most likely they will give you a number to that stores head office, if it’s a chain. When you do make contact with the buyer, your approach will be very important. The chances are you will be nervous and speak very quickly. You could come off as an amateur. The key to coming across as professional is to know what you’re going to say, and how you’re going to say it. Before calling, make a list of questions and answers. Know what your pitch will be. Nervousness is a result of fearing the unknown. But if you are well prepared, most of your nerves will disappear. Take several deep breaths to relax (it works), then make your call and describe your movie clearly and in a relaxed manner. You especially want to have a prepared statement in case you encounter voice mail, which you will most of the time. Write out an engaging pitch that you think would compel them to call you back. Your name and phone number won’t prompt anybody to call you back. Use your imagination: what is great about your movie, and how can THEY benefit from it? In sales there is something called USP. “What are the USP’s of the product?”. USP stands for Unique Selling Points. The unique selling points of your movie could be that all the girls are 18, for example, or first timers (first timers are big business), or all blondes, or takes place on a yacht, or in the tropics, or whatever… you get the idea. What is unique about your movie? Keep a record of everybody you have spoken with, when you talked with them, and what you discussed.

120 Focus on the value of your movie, not the price. Buyers will pay for value. Let the video stores & distributors know what’s in it for them, how your movie is different, and that you are creating a marketable franchise with which they can profit. It’s not about one movie, it’s about an entire line which will last for years. You’re a producer, and have a produced movie and would they be interested in seeing a short preview of the product? Product is their business. The chances are they will be intrigued and willing to view your preview. Your preview should be no more than ten to fifteen minutes in length, showing a few minutes from each scene.

Remember, before you send out any tape or DVD containing your content, make sure you have it copyrighted. Along with your movie, include a personal letter, detailing whom you talked with from their store or head office. Also, briefly describe the qualities of your movie. Have your business logo at the top of your personal letter, and never send a letter that is not typed. Add your signature with blue ink (makes it more personal, since it shows you didn’t photo copy your signature). If you can, send along some images depicting the box cover. If you have a box cover already created, do not send it, only pictures of it.

One thing that works for me is a website with an area that only distributors can access (I send them a username and password). On this site they will find video clips and images of artwork I envision for the box cover. The clips and images are watermarked, that is, they have my logo in them, to prevent theft.

This is a wonderful method of getting your samples to potential buyers. If you’re not Internet savvy, don’t worry about it, snail mail will do.

If they like it, then you can explore how many copies they would like and at what price. Also, ask what video distribution companies they deal with.

121 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

You will have stores that will not be receptive, but most will be. This is a very good place to start. Once you have your movie in several local retail stores it will be easier to hook a large distributor, because you have a track record. Don’t quibble about price. You need THEM more than they need YOU. If you’re not making a profit, don’t worry, the important thing is to establish a track record: get your videos into stores. When that happens, they will come back for more… and more… You will no doubt encounter some rude people. When that happens always maintain your calm disposition. Be diplomatic at all times, don’t ever lose your temper. However, there is no need to deal with rudeness. Simply inform the person who is being rude that you have no intention of dealing with him/her any further due to their behavior, and “would you please pass me on to your superior?”. That usually works. If they are not interested in viewing your sample, simply wait a week and try again. Follow up with email and a written letter describing the highlights of your movie. When you call back ask for a different buyer. Of course, don’t mention that you were chatting with another buyer. In fact, before you make your first call to a buyer, call the chains headquarters to find out how many buyers they have, and also their names. If whomever answers the phone, just say you’re calling from such-and-such production company and you’re updating your mailing list. This way you can call and ask for specific buyers, and not get the same one twice. Price is always a good negotiating point. They may like your movie but not commit to purchasing it. In this case, you can always offer to lower your price. Start at a dollar per unit, but never go so low that you will end up losing money.

122 If you keep lowering your price and the buyer still will not commit, ask the buyer questions such as “in your professional opinion, is my movie commercially viable?”. If the answer is “yes”, respond with something like “what can I do to sweeten the deal for you, and get this movie into your stores?”

Once you have established a good working relationship, feel free to ask for referrals. Do they know of any other video stores or outlets that would be interested in your product? You can also ask this of DVD replicators. Spend some time at the library. In the reference section you will find business directories for just about every type of business. This is invaluable for compiling a list of video stores to contact. Also, libraries tend to stock yellow pages of every major city, so this is another handy place to find adult video outlets in different cities. A valuable reference source is Gale’s Encyclopedia of Associations, which lists all types of associations in the US. You’ll find addresses and telephone numbers of associations pertaining to any industry. Also, check out the Encyclopedia of Business Information Sources, which lists trade associations, on-line databases, and books by topic. Both are from Research, Inc. in Detroit, Michigan. Ask video stores & distributors what types of industry publications they read. Adult Video News is one (www.adultvideonews.com). You could also have a look at Standard Rate and Data Service, Business or Consumer Publications, published by SRDS (www.srds.com). This, too, is in the reference section of your local library. A couple of industry associations exist to represent the adult entertainment industry: The Free Speech Coalition (http://freespeechcoalition.com/) promotes itself as “the trade organization of the adult entertainment industry. Its mission is to safeguard the industry from oppressive governmental regulation and to promote good business practices within the industry.” It’s worth checking the site often, since they list

123 developments in the industry, as well as list the various adult tradeshows (such as Internext, the worlds largest entertainment industry convention. Their website is http://www.internext-expo.com/)

Video Software Dealers Association (VSDA). VSDA describes themselves as “the trade association for the entire home video industry”. Their website is http://www.idealink.org/Resource.phx/public/aboutvsda.htx Every year they hold the Home Entertainment trade show, another very large and influential industry event. VSDA is headquartered at 16530 Ventura Blvd, Suite 400, Encino, CA. Phone: 818.385.1500 Fax: 818.385.0567 Some questions to ask of a distributor: What is the scope of their function? Do they merely distribute shrink wrapped units, or do they also manufacture and design the finished product? Experience. How long have they been in business, and how many stores do they provide product to. What media do they specialize in: DVD, video, cable, satellite? Do they have a printed catalogue, and if so, can they send you one? When they do, have a look at the quality of the printed material (does it look cheap and sloppy) and how many movies are listed. What is their procedure(s) for foreign distribution, and what are your rights as a producer? How do they keep records? What is their policy towards returns? How do they breakdown the producers revenues per unit? And what percentage of per unit sales do they pay to the producer? What is their payment schedule? Put another way, how often do they pay out? What costs do they deduct from the gross of sales (which will yield the net. The net is the profit… how much is left over after all the

124 expenses are deducted from the total, which is referred to as the gross)

Can you be your own distributor? Yes, but it will take a lot of time and effort. Spend some time in the library finding numbers and addresses of adult video rental stores and put a list together. Contact them all, find out who their buyer is, and whether they prefer movies on video tape or DVD. Produce top quality movies, follow the procedure I outlined above, and you’re in business. You’ll also find opportunities in distributing other producers products.

The major chains will yield the greatest profit, because they purchase in bulk. Instead of the one or two copies that a local video store will request, chains will order hundreds or thousands. Be prepared! It’s nice to get the big orders, but you can kill your business by not being able to fulfill the order. Being prepared entails knowing whom will be manufacturing your video tapes and/or DVD’s, how much it will cost, and how long it will take. DVD Versus Video The industry is transitioning from video to DVD based product. Mainstream movies went over to DVD years ago, but the adult business is different. There is still a stigma attached to adult entertainment, and most of the DVD replicators (companies that manufacture DVD’s are called replicators) will not manufacture DVD’s containing erotic material. In fact, I know of only one facility in North America that will manufacture adult DVD’s: Triplexdisc Corporation (www.triplexdisc.com). Their entire business is adult DVD’s. Also, have a look at this Canadian outfit: www.mijo.ca Video is a no-brainer. You copy it onto DVD or a high grade master video, and either copy and label it yourself, or take it to a video duplicator. DVD’s are different. The discs you make on your home computer are different from the DVD discs one finds in a video store. The difference

125 is this: commercial DVD’s are pressed, home made DVD’s are burned. Like a CD-ROM, the DVD you create on your home computer is burned by a laser in your DVD burner. The laser manipulates a dye, and that is how the video data is recorded on the DVD. Commercial DVD’s are pressed. Much like a vinyl record, a master hard copy must be created, and then plastic is injected around it and molded into a DVD. It boils down to compatibility. A home made DVD will look identical to a commercially produced DVD, but because they are each created using different methods they are both very different to the machines playing them. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc. A pressed DVD is one hundred percent compatible with DVD players, while home made DVD’s are made to be read by computers, and so won’t necessarily be able to play on a stand alone DVD player. For my websites I sell home made DVD’s and have never had a compatibility issue. However, this is not adequate for retail. A video store and distributor will want commercially pressed DVD’s. Many distributors will offer this as part of their service. You would just send them a mini-dv tape with your finished and edited movie on it, and they will take care of DVD authoring and manufacturing. This is where Google is your best friend. Do a search for adult DVD replication and see what you come up with (the industry is constantly changing). At the time of this writing, only one major replication company accommodates adult material. Also at the time of this writing, the laws in Taiwan have changed to allow DVD manufacturers there to create adult DVD’s. I strongly recommend against using any Asian company for your DVD manufacturing. Piracy is a major issue in that part of the world… and they won’t be respecting your US copyright.

126 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

If you must do video, find a professional duplicator. Video duplicators are everywhere, so this won’t be an issue. Price is not the absolute variable when deciding upon a duplicator. Some other considerations: Does the company do duplicating AND packaging? What about package design? If packaging is included, does this include printing, and if printing, how many colors? What brand of tape stock do they use, and has it been purchased recently, or months ago? Do they have an analyzer? This is also referred to as a tape analyzer or an equipment analyzer. What these do is ensure consistency of quality, and are a must for commercially duplicated video cassettes. They are very expensive and the low end duplicating companies don’t have them.

How many tapes you have produced is a function of your budget, or how many orders you have. Ideally, you want to duplicate tapes in accordance with how many orders you have, but that’s impractical for small orders. A lot of duplicators have minimum numbers of tapes that you can order. And usually the price per unit decreases the larger the order is. Try to find a duplicator that will enable runs based upon how many orders you have. One more thing… always nail down what is included in the final price. This can include packaging, design, boxes, shrink wrapping, the cassettes, the tape stock, and the cost of the actual duplication. Understand all of these costs, so that there are no nasty surprises.

127 And don’t forget, your cassettes must have a label, consisting of the name of custodian of records and the address where the section 2257 compliance documents are located.

DVD Cases The most important part of your DVD is the front cover. Literally. The design of your DVD case will determine whether somebody rents/buys your movie or not. It’s that simple. Your cover should portray attractive women and accurately reflect what your movie contains. Seems pretty obvious, huh? But how often have you rented a movie based upon what you see on the front cover, only to watch the movie and … hey, she’s not there! Do not be misleading, since that will only cause people to not rent any more of your movies. I know, it seems like I’m stating the obvious, but I’m amazed by how many producers miss those two simple points. Attractive women SELL, and they have to be actually IN your movie.

So, do you have a flair for design, and know how to create interesting images? If not, I strongly suggest you hire a graphic designer. They are plentiful, and inexpensive. Even if it costs you a couple of hundred dollars to have your DVD cover professionally designed, you will earn it back in spades because more people will be compelled to procure your movie. A rule of thumb for the design of your box cover, is to not show too much. This is especially true for the front cover. The back of the box can be a little more revealing. Also, your boxes cannot show any sexual penetration or open genitals (it’s the law). If you have a picture that you just must have on your box cover but genitals or penetration is apparent, simply blur it out. You can do a Gaussian blur in most image editing programs.

128 The reason you do not want to show too much is because you want to tantalize the prospective purchaser, not satiate them. Remember, the goal is to get them to pay to see your actresses naked and engaged in sex. A picture of one or two of your actresses in provocative poses will do. Accentuate her positive features, such her face, legs and ass (no vaginas on the box cover, remember?) Naturally attractive (no tattoos or piercing) women posing on beds is a reliable attention getter, and these movies tend to be rented out more often than others. Another great picture shot to put on your front box cover is to have two women posing together on a bed. Simply have the two women look ahead and smile while sitting next to one another. This will arouse the curiosity of the potential customer to buy and/or rent your film. If they see to much action on your box, then the curiosity will be gone. Without this curiosity, expect your sales to be very low. All you need are some pictures you snapped the day of the shoot, or some high quality screen captures from the movie itself. A lot of editing software will enable exporting of individual video frames. It’s what I do. Export the frame, them enhance it in Photoshop or Fireworks.

These pictures are very important, because it will be on the front of your box cover, and hence will be the determining factor as to whether your movie gets rented or purchased… or not. Real estate on a box is limited, so keep the text to a minimum. Pictures will deliver more of a message than words. You can mention what ever name you have adopted for yourself as a producer, or the character that you have created for yourself. For example, the name Seymore Butts moves a lot of videos. He’s built up a brand name. You will, as well, but it takes time. You always want to list the length of your movie.

129 I suggest spending some time at a video rental store examining the appearance of the boxes on the store shelves. What colors do the big players use? Ratio of pictures to text? What sort of sell lines grab your interest? What is the average length of the movies? Also, ask the counter clerk, or manager, what the best selling genre is, and specific titles. Rent them, watch them, make note of how many scenes they have, how long the scenes are, and how soon they get to the “action”.

As you get bigger you will need to focus on the legal structure of your business. It’s not as crucial when you’re starting out. When I started my first site, and had produced all of one movie, I had no formal business structure. As money came in, however, I decided to incorporate, both in Canada and also the US. Here is an overview of business entities…

For legal and tax reasons there are four different forms of business structures: sole proprietorships, partnerships, corporations, and LLCs. They all confer varying degrees of protection to you, the business owner.

Which one is best for you depends upon how much money you are making, where you are located, and how many employees (if any) that you have. So let’s go through each entity.

A sole proprietorship is basically one person conducting business without any legal structure (or protection). Really, it’s just a way of saying “hey, I’m going to call myself a business, and market my services under a business name, but actually it’s just little ol’ me”.

130 You file taxes under your own social security number. It’s the same in Canada, except you file taxes under your social insurance number.

A sole proprietorship is the quickest and easiest business structure to establish. There is little paperwork and legal mumbo-jumbo to deal with.

But (and in life there is always a “but”) with simplicity comes a huge downside. You have no legal protection. You and the business are one and the same. That means if the government comes after your business for taxes, they can take anything you own. Ditto if somebody sues you. Any issue the business encounters affects you personally.

However, it’s still a good way to start, and open a bank account under your business name. Depending upon where you are located, you can register a sole proprietorship through your local city hall. Just call them (city hall is always listed in the phone book) and tell ask them how you go about creating a sole proprietorship. Also, in some areas, you can merely fill out a form called “Doing Business As”.

You won’t want to remain a sole proprietorship for long. Remember, you don’t have legal and tax protection, plus the name of your business won’t be specific to you.

Partnerships function exactly like sole proprietorships, but instead of involving one person, it accommodates two or more. Like sole proprietorships, partnerships provide you with absolutely no legal protection, and have the added problem of personality conflict. No one person is the boss, and this a situation just begging for trouble. I recommend against forming a partnership.

If you decide you must have one, work out a solid working agreement that states, clearly, what each partner will be responsible for, the agreed upon mission of the partnership, and (most importantly) a

131 buy/sell understanding. If the partnership gets to a point where it is profitable, and one or more of the partners decide to leave, you will have already agreed upon terms of their leaving regarding how much you will be paying them for their end of the business, no further claims to future earnings of your products, etc. You’ll have the option of buying your partner out, rather than putting up with anybody your partner wants to sell to.

A corporation is a completely autonomous legal entity. Unlike a proprietorship and a partnership, there is distinction between yourself and the corporation. It’s not you marketing movies and/or websites, and writing cheques, signing the lease, buying cameras, etc… it’s the corporation.

Corporations are more complicated and costly to set up, but they afford you complete legal protection and tax incentives.

For example, somebody could sue the corporation, and win, but the judgment ends with the corporation. Nobody can come after your home, car, or any other personal assets. Plus, just about every expense incurred in the running of your business can be deducted from revenues generated by the corporation. More profit, less taxes to pay!

The downside is that there are a million do’s and don’ts involved in setting up and running a corporation. You really need to work with an attorney to ensure the corporation is set up correctly. And then there are no ends of rules and regulations that govern the operation of a corporation, and you have to keep minutes of board meetings, elect officers, issue shareholders reports. It’s a headache. The bottom line: corporations are for when you are REALLY big. When you have lots of money coming in, expenses, property, perhaps employees. When you’re just starting out, corporations are over kill.

132 LLC’s (limited liability company) are similar to corporations, but without all the formalities and red tape. I really like LLC’s. You get the best of both worlds: freedom and protection. An LLC is a partnership that acts like a corporation, and you can have only one partner if you like. The person in charge is called the managing partner, and everybody else is a member.

All are shielded from liability (just like in its big brother, the corporation). Plus, the LLC can take advantage of all the retirement plans and employee benefits of a corporation.

LLC’s are pretty easy to set up. The only legal requirements are an initial meeting with a lawyer, to draw up the paperwork, and the annual filing of your companies tax return. And that’s about it! No minutes, no meetings, no committees.

An LLC offers all the protection and tax incentives of a corporation but with none of the hassles of a corporation. These business structures are perfect for people like you and I.

So you can start off with as a sole proprietorship, or a DBA (doing business as), and when you start making lots of money, create a LLC, and if you really get big, register a corporation.

Because every state and province has subtle differences in business structures, I suggest buying an hour of time with a business lawyer or accountant.

It won’t cost much, and then you’ll be certain of which business entity is right for you.

133 So now you know:

How to register a website domain name The basic elements that must be included on your site How to market your site(s) TGP’s The software you’ll need Billing What to look for in a web host The new 2257 laws How to find and deal with talent, and cover yourself legally What makes for compelling video and picture content The basics of video production How to acquire content if you are not producing it yourself. The best places to link up with other webmasters and producers like you. Distribution for retail And a LOT more.

This is, literally, more than most of the people in the business know. I strongly suggest you scroll through the appendices. There you will find lists of TGP’s, content providers, billing companies, software resources… pretty well every thing you need to know in your quest for prosperity in your new career in the adult entertainment industry.

One more thing… I suggest you keep a document of ideas. Word, or Word Perfect, or even just a text file. As you spend more time working at this business, your mind becomes tuned to it, and hence you will get ideas. I get them all the time! Some of them will seem weird, and right out in left field, but write them down anyway, because you never know what the future holds.

An idea you have today that seems wacky might be appropriate for the market 5 years from now, and may end up being a million dollar idea. You just never know how the market will change, and what the next “big thing” will be in this industry.

134 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

I sleep with a little voice recorder next to my bed (about $80 from Radio Shack). Often I’ll wake up in the middle of the night with an idea, and just speak it into my recorder. The next day I will transcribe it into the Word document I use for my ideas. Write down all of your ideas, no matter how goofy they may seem at the time.

Also, sign up for the following free newsletters that will be emailed daily to you: www.xbiz.com (all about the adult entertainment business) www.entireweb.com/newsletter/ (keeps you up on what’s happening with search engines and internet marketing. Invaluable, and it’s free) www.sitepronews.com (another top notch newsletter all about web marketing) www.seo-news.com (search engine strategies)

Keep in touch! Let me know how you are doing. It is always a thrill for me to hear from people who paid for my course and went on to achieve great success. You can contact me through my site www.producerslounge.com. Surf over to the site occasionally. I am in the process of setting up an area where you can sell your movies.

Remember, when you love what you do, it isn’t work!

Good luck, stay in touch, and see you at the AVN awards :-)

James

[email protected]

135 If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free updates of this e-book. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

TGP’s

These are the thumbnail gallery posts I was telling you about, that you will use to promote your site by having them list your galleries of pic and/or video clips. This list is by no means exhaustive. Hundreds of thousand of TGP’s exist. However, this list comprises TGP’s that have worked for my sites. I suggest you cut and paste this list into a word document or text file. You can add to that every time you come across another TGP. Plus, I find it useful for keeping track of what galleries I submitted to whom and when.

As mentioned earlier, the two best automated systems for mass submission to TGP’s are www.advancedsubmitter.com, and www.russiansubmitter.com. Although I have never used them, you may wish to also look at http://www.chameleonsubmitter.com/

Once you sign up with one of these programs, the process of submitting your site to thousands of TGPs will become virtually effortless. You will just have to fill out the details of your site: Your name (or alias) Your email address Your site’s URL A description of the content The number of movies/pictures The niche

Once you complete the details, the automatic submitter program will submit your link to thousands of TGPs.

136 Here is a list of TGP’s to get you going. A non-write protected version is in the included file “Lists&Forms.pdf”. As you find more you can just keep adding to this list. Remember to keep it alphabetical, so it is easy to ascertain whether or not you already have a TGP listed.

1-sex-pictures.com

1storgasm.com

18sextime.com

8teenporn.com

100freelolitapics.com

101lolitas.com

700galleries.com

2005teens.com

3tgp.com adultbuffet.com adultsexlinks.com ah-teens.com akissbetweenthelegs.com al4a.com alcoholinks.net alphaporno.com amateurcurves.com ampland.com angelsaddicted.com

137 atkmodels.com/cgi-bin/tm3/signup babepark.net badassteens.com babespider.com barely18-teens.com bonerfuel.com book-mark.net boxofporn.com bravoteens.com brilliantteens.com bunny-list.com bushgalleries.com beautyass.com candycoatedteens.com carlaschoice.com celebpix.org centralsexy.com coedcherry.com cowboytgp.com creamedbunny.com creami.com

138 cutielist.com diabloxporn.com dirtythumbz.com dirty-venus.com e-cuties.com eroticlinks.net fast-porn.net fantasticnudes.com fetishpicpost.com finalteens.com freehairygalleries.com freeporntrain.com freshgal.com/ fucktor.com galleryhunters.com galleries4free.com germantgp.com/trade.php gumaxxx.com hairy.1-fat.com hairyangels.com hairyerotica.com

139 hairymomma.com hairypussycuties.com hairytaco.com hairythumb.com halopics.com hardcorejunky.com hornycrocodile.com hothat.net hot-little-sluts.com hqgal.com hq-teens.com idealbabes.net inbedwithbabes.com jabafun.com/ jamies-galleries.com jerkoffhere.com justfuckingteens.com kingstgp.com kutegirls.com lewd-girls.com little-teen-pussy.com

140 littlethumbs.com littletighties.com lovefuckk.com/files/webmaster.htm lovetgp.com millionpussies.com mystere-tgp.com my-teensex.com naughtythoughts.com nurglesnymphs.com new-teens.net nude-babe.net nudehotangels.com paradisenudes.com persiankitty.com pervstgp.com petitenympha.com petiteteenager.com pickalink.com pichunter.com picpost.com planet-babe.com

141 pornocook.com porn-mobile.com pornsense.com pretty-flowers.net prettynu.com purescans.com raimisthumbs.com rawpussy.com realfreshteens.com reallyeighteen.com real-porn.net red-matures.com ruteens.com safepornlinks.com schoolgirls4all.com schoolthumbs.com scorpioncave.com seavirgin.com sex18teens.com sexfarmer.com sexigoddess.com

142 sexis.com sexoflover.com sexsweety.com sexycap.com sexxxylolita.com/cgi-bin/gal/submit.cgi shafty.com shelbybelle.com shemp.com slutsgate.com smutboy.com sortedlinks.com sublimedirectory.com sunnyvirgins.com superdiosas.com strictlythumbs.com sweetcollegegirls.com sweetgirlz.net teenadorables.com teenah.com teenax.com teenbookmark.com

143 teenbling.com teen-charms.com teencoedpics.com teeniegirlgalleries.com teeniefuck.net teenieparade.com teenport.com teensalespost.com teeniesxxx.com teenpiccentral.com (very good teen site!) teens-pussy.net teen-tonic.com theblackrussian.com thehun.net thumb18.com thumbdetective.com thumbzilla.com tightdelights.com tommys-bookmarks.com top-teen-sex.com totun.com

144 tgp.gob-gook.com triplexbabes.com videolan.org weboutlaws.com wetteenthumbs.com worldteenies.com xapster.com x-offers.com youngerbabes.com youngleafs.com young-sexy.com/cgi-bin/gal/submit.cgi youngzilla.com

Modeling Agencies

1) Jim South / World Modeling - http://www.worldmodeling.com , 4523 Van Nuys Blvd, Suite 205, Sherman Oaks, CA 91423. 818-986- 4316, 9487. 2) Reb Sawitz / Pretty Girl International 7494 Santa Monica Blvd, #200, LA, 90046, 323-882-8262 3) One Model Place (www.onemodelplace.com) 4) http://www.eromodelcasting.com (based in Montreal) 5) http://adulthollywoodnorth.com/ 6) http://www.sexyjobs.com 7) A small but up and coming agency based near Ottawa: www.mgsagency.com

145

BILLING COMPANIES Definitions

1. Merchant accounts allow you to accept credit cards yourself, paying only the credit card company (visa, MasterCard, etc) a small percentage, and your merchant bank a small fee for each transaction.

2. Third party processors accept credit cards for you, and so you do not need a merchant account. These companies take a percentage (usually 15%+) of every transaction, and send you a check for the rest.

3. Dialer programs allow your members to dial into your website, or your associate website paying per-minute fees. Dialer companies cut you a check for your share, and usually provide the content site as well. A list of companies that will help you process credit cards online: www.ccbill.com www.ibill.com www.verotel.com www.myvirtualcard.com http://www.paycom.net/

The above four companies are the biggest, and the only such companies that I am confident in recommending. The world is full of fly by night con artists. I prefer to stick with the tried and proven quantities.

146 Myvirtualcard.com has the added benefit of allowing you to charge for tangibles as well as access to your members area. This is good for companies that have online members areas and also sell hard good such as DVD’s, videos, sex toys, etc. Are there other billing companies? Yes, but I have no experience with them, and hence cannot recommend them personally. Here is a list of companies you may wish to explore: http://www.jettis.com/ http://www.highriskmerchantaccounts.net International banking agents, for merchant accounts offshore and in the US. Minimum monthly processing US 250,000 per month, and offshore it’s 1 million per month! http://www.verza.com/index.html Sell products from your website and Verza takes care of your billing. http://www.multicards.com This company does not require you to have a merchants account, and you can operate from almost any country in the world. Worth a look if you’re not US based. http://www.netbilling.com Fairly low transaction fees, BUT you need a merchants account with a bank. http://1.2000charge.com Lots of features. Have a look at their site, and read carefully their merchants agreement.

147 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

DVD Replicators

Triplexdisc Corporation (www.triplexdisc.com). Their entire business is adult DVD’s. They will also do the art work for your DVD cases, and will provide you with templates to make it easier for you.

In Canada there is also www.mijo.ca

Video/DVD Distributors

General Video of America Inc 1945 Carroll Avenue San Francisco 94124 (415) 468-5600 This is the biggest distributor of adult movies in North America. They distribute to every adult video store in the US. Oddly, they do not have a website. Excalibur Films (714) 773-5855 3621West Commonwealth Ave. Fullerton, CA 92833 www.excaliburfilms.com Another great distributor, and they deal specifically with adult video mail order. They claim to be one of the largest adult mail order distributors in the world. Action-DVD.com 34544 Lakeshore Blvd. Eastlake, OH 44095 (440) 942-9091, (440) 942-6352 Fax

ADI Distributors 626-636 North 5th Street Philadelphia PA 19123 (215) 592-1488, (800) 727-1713, (215) 592-1509 Fax

148 The AVI Group P.O. Box 91257 Los Angeles, CA 90009 (800) 222-9622, (310) 574-2329 Fax © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

CD-ROM Dists 100 Corporate Park Drive, Ste. 1690 Pembroke, MA 02359 (781) 826-9333, (800) 969-6237, (781) 826-9339 Fax

DVDMPEG

17860 Newhope St., #A-189 Fountain Valley, CA 92708 (714) 378-3167, (888) 383-6734 (714) 378-3171 Fax

3rd Rock Productions PO Box 1788 Monroe, GA 30655 (404) 674-0296, (888) 324-3341

A18 Corporation 250 West 57th St., Ste. 317 New York, NY 10107 (212) 977-7456, (212) 977-8709 Fax

All Adult Video & DVD Dists 39360 3rd Street East #405 Palmdale, CA 93550 (800) 624-2444, (661) 947-9479, (661) 947-7610 Fax

AVICA Entertainment 7044 Sophia Avenue Van Nuys, CA 91406 (800) 200-4221, (818) 780-5474, (818) 780-5790 Fax

149

Bon-Vue Enterprises PO Box 92889 Long Beach, CA 90809 (310) 631-1600, (310) 631-0415 Fax

Caballero Video Company 15041 Calvert St., Ste. B Van Nuys, CA 91411 (800) 269-4457, (818) 373-0280, (818) 373-0290 Fax

CD-ROM Dists 100 Corporate Park Drive, Ste. 1690 Pembroke, MA 02359 (781) 826-9333, (800) 969-6237, (781) 826-9339 Fax

Cinderella Dist Inc/CDI Home Video 8021 Remmet Ave. Canoga Park, CA 91304 (818) 884-6681, (800) 423-5593, (818) 884-0921 Fax

Documentary Home Video 1007 Montana Ave., #718 Santa Monica, CA 90403 (310) 260-4900, (310) 452-0606 Fax

E & A Video and Magazine 300 West 43rd St. New York, NY 10036 (800) 869-8655, (212) 489-7556, (212) 768-0045 Fax

150 Elegant Angel 9801 Variel Ave. Chatsworth, CA 91311 818-733-0411, 800-495-5594; 818-773-1163 Fax

Erotika Films 22048 Sherman Way, Ste. 205 Canoga Park, CA 91303 (818) 676-0218, (818) 676-0279, (818) 676-0242 Fax

Eye On You Productions PO Box 26133 Indianapolis, IN 46226 (317) 897-1184, (317) 897-3091 Fax

Gentleman’s Video, Inc. 21638 Lassen St. Chatsworth, CA 91311 (818) 700-7785, (800) 399-9480, (818) 700-7784 Fax

Group Distributing 5007 Pacific Hwy East #9 Fife, WA 98424 (800) 801-9476, (253) 926-2462, (253) 926-2457 Fax

Heatwave Entertainment/Sterling Pictures 7750 Burnet Ave. Van Nuys, CA 91405 (818) 901-2100, (800) 367-3355, (818) 901-2110 Fax

Horizon Media Group LLC 292 Murphy Road Hartford, CT 06114 (877) 525-3880, (860) 525-3880, (860) 525-3886 Fax

151

Instinctively Yours 8110 Remmet Ave Unit 3 Canoga Park, CA 91304 (818) 992-6461, fax (818) 992.6481

International Video Distributors 59 Lake Dr. Hightstown, NJ 08520 (609) 426-1777, (800) 999-2483, (609) 426-1899 Fax

John Fantasy Productions, Inc. Your Video Business PO Box 681428 Orlando, FL 32868 (800) 890-1601, (407) 293-5997, (407) 290-0715 Fax

J & S Distribution 1123 W. Grove Ave. Orange, CA 92865 (800) 957-9676, (714) 279-1969 Fax

Katz Amusements Box 2608 Sepulveda, CA 91393-2608 (818) 347-9880, (818) 347-9880 Fax

Kings Dist Inc. 8701 Tonnelle Ave. North Bergen, NJ 07047 (201) 662-8990, (800) 285-4647, (201) 662-9212 Fax

152 Marina Pacific Distributors, Inc. 7077 Vineland Ave. N. Hollywood, CA 91605 (800) 999-5530, (818) 503-7741, (818) 509-1435 Fax

Multimedia Pictures 9555 Owensmouth Ave., #9 Chatsworth, CA 91311 (818) 772-9590, (888) 727-3399, (818) 772-9698 Fax

Nymph Pictures LLC (818) 710-0214, (818) 998-0000, (818) 998-0930 Fax Premiere Sales Group 28210 Ave Crocker #303 Valencia, CA 91355 (888) 550-8621, (661) 294-8621, (661) 294-9926 Fax

Prime Market Distribution 2260 5th Ave. South St. Petersburg, FL 33712 (727) 323-4566, (727) 323-2935 Fax

Royal Video Distributors 1030 A. Leslie Ave. Baltimore, MD 21228 (410)-747-2933 http://www.royaladultvideo.com

Ryan East Distributors/Eastern Video 6325 Erdman Ave. Baltimore, MD 21205 (410) 488-8898, (800) 411-6708, (410) 485-8292 Fax

153 Southeastern Sales PO Box 9286 Columbia, SC 29290 (803) 771-0769, (803) 771-0938, (803) 256-9316 Fax

Tri-ADD Technologies/Entertainment Inc. 625 E. Belmont Ave. Fresno, CA 93701 (559) 486-0936, (559) 486-0958 Fax

Triple X Distribution 9614 Cozycroft Ave. Chatsworth, CA 91311 (888) 757-0537, (818) 885-2880, (818) 885-2880

USX Distribution, Inc. 9614 Cozycroft Ave. Chatsworth, CA 91311 (888) 757-0537, (818) 885-2880, (818) 885-2881 Fax

Video 10 Distributors 7065 Lexington Ave. W. Hollywood, CA 90038 (323) 962-8504, (800) 548-4310, (323) 962-6489 www.alibaba.com/trade/search/2i1p5tyfchms/US/Adult_Dvd.html This is an interesting site that lists many distributors. http://www.adultvideooutlet.com/intro.htm http://www.buyritedvd.com/ http://www.dbvwholesale.com/

154

http://getadultdvds.com http://www.hotrodproductions.co.uk/ http://www.kaytelvideo.com/index2.htm (one of the biggest in Canada) http://www.kbeechdirect.com/aboutus.asp http://lavareleasing.com/index_warn.php http://madflixxx.com/Default.asp http://www.miamibooks.com http://www.opdshop.com/index.html http://www.porndealer.com/ http://www.prismmediagroup.com/ http://www.prvt.com/ http://www.rkadultvideo.com/ http://www.royaladultvideo.com/index.asp http://www.savesmartdvd.com/catalog/adult_studios.php http://select-distributors.com/wholesale/home.php http://www.springtowndvd.com/home.asp http://www.usavewholesale.com/

155 http://www.jadedvideo.com http://www.gamelink.com http://www.goliathfilms.com http://www.adultdvdempire.com http://www.toyboxxx.com http://www.lustique.com http://www.fivestardvd.com http://www.dvdexotic.com http://www2.adultdvdexplorer.com http://www.xrentdvd.com http://www.dvdadvantage.com http://www.theadultoutlet.com http://www.rentadult.com

****good list: http://www.adultvideonews.com//company/comp

Another option is to sell your DVD’s through other sites. Clips4sale (www.clips4sale.com) lets you sell individual video clips. Ebanned

156 (http://www.ebanned.com) is like Ebay, but dealing with sexual material. You can auction your DVD’s and whatever else you are selling. Also, these sites: www.eroticvideos.com, www.nookieauction.com, www.naughtybids.com, http://videos4sale.com/.

Useful Sites:

Webmaster resources, for keeping tabs on what’s going on in the porn industry: www.gofuckyourself.com ( a must) http://www.theadultwebmaster.com/ ( a must) www.avn.com (another must) www.ynot.com (a third must) http://trix.sexswap.com/ http://www.adultcontentnews.com http://www.adulteverything.net http://www.lukeford.com/ http://www.adultwebmastergold.com/ http://cyborsex.com/webmasters.htm http://www.hcontact.com/webmaster/ http://www.privatelabelresources.com/index_warn.php http://www.adultinsider.com/

157 http://www.adultsiteowners.com/ http://www.webmasterslounge.com/ http://www.webmastervault.com

As mentioned earlier, the two best automated systems for mass submission to TGP’s are www.advancedsubmitter.com, and www.russiansubmitter.com.

Legal

Remember, the 18 U.S.C 2257 law requires that you have proof that any model appearing on your web site is at least 18 years of age, regardless of whether you got the content from an affiliate program, or a content provider, or any through any other source. You must have a copy of the proof of age in your records. The law requires that you have all the following for all content on your site at all times: 1. Name of the person who took the pictures or videos 2. Copy of that producer’s model release 3. Scan of the model’s ID’s (take a picture and record it on video)

158 4. A photo of the model, posing with their ID in a clearly visible image. 5. Text naming your Custodian of Records on your website

Some very useful legal sites that deal with adult entertainment: http://www.firstamendment.com/ http://www.adultsitelaw.com (An extremely useful site. I especially like their section containing every legal document you would ever need: http://www.adultsitelaw.com/forms.html) http://www.bitlaw.com/ http://www.ivanhoffman.com/ http://markskatz.com/ http://xxxlaw.net/ http://www.canadianlawlist.com/ http://www.benedict.com/ http://businessgateway.ca/ (a Government of Canada website, targeting Canadian businesses) http://www.findlaw.com/casecode/ This is an interesting site that will maintain your records for you: http://www.my2257records.com

159

Model Release

A model release is a legal contract between model and photographer. The contract is to protect both the model and the photographer and it outlines the terms and conditions under which each may use and/or alter the photos, video, etc.

There are no laws requiring anyone to have a model release or a copy of one, BUT YOU MUST HAVE ONE WITH ALL YOUR MODELS for your own protection. A model release is a personal legal contract between model and photographer, not a document required by any law. If a photographer that you purchase content from does not have a model release, you should not conduct business with them.

Here is a typical model release that I use for all of my productions: (don’t forget to replace (YOUR COMPANY) with the name of your company)

I (Please print) ______(Model), for good and valuable consideration, the receipt of which is acknowledged, give to (your name and company), their legal representatives, successors, and all persons or corporations acting with their permission, unrestricted permission to copyright and/or publish photographic portraits or pictures of me, and the negatives, transparencies, prints, video or digital information pertaining to them, in still, single, multiple, moving, or video format, or in which I may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, made through any media in their studio or elsewhere for art, or any other lawful purpose. I hereby waive any right that I may have to inspect and approve the finished product or copy that may be used in connection with an image that the Photographer/videographer has taken of me, or the use to which it may be applied.

160 I further release, discharge, and agree to defend the Photographer/videographer, her legal representatives, agents, licensees, successors and assigns, and all parties acting under their permission, or with authority from them, or those for whom they are acting, from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images even should the same subject me to ridicule, scandal, reproach, scorn or indignity, and from any liability as a result of any distortion, blurring or alteration, optical illusions or use in composite form, either intentionally or otherwise, that may occur or be reproduced in the taking, processing or reproduction of the finished product, or its publication or distribution, or which may arise from any breach of any warranty, representation, covenant or agreement made by me. I waive any claim that I may have for alleged violation of privacy, defamation or libel by the use of such Photographs and videos. I acknowledge that the photography/video session was conducted in a completely proper and professional manner, and this release was willingly signed at its opening or close. I hereby represent that I am over the age of 18 years and have read the authorization and release prior to its execution. I have not been induced to sign the same other than by the recited considerations, by any representation or statement made by Photographer/videographer, his/her agents, employees, or anyone acting on his/her behalf. The photographer/videographer, as primary producer, hereby certifies to all Users that the visual depictions covered by this release satisfy the standards under paragraphs (a) (1) through (a) (3) of Section 75.7 of the Regulations implementing 18 U.S.C. 2257 and do not depict actual sexually explicit conduct.

Model’s signature: ______day______/month______/year______Address:______City:______State:______Country: _US______Zip/Postal Code ______Telephone Number ______

161 The photographer/videographer has been shown and attaches hereto a legible copy of the following identification items as proof of the age of the Model, one of which is a picture identification issued by a state/provincial or federal government or a private entity, bearing the photograph and the name of the Model:

Witness (non family member): ______Witness (non family member): ______This form will be retained with the negatives, transparencies, digital diskette (s), and/or contact sheets. Day_____/month______/year______Your Name © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc. Non Disclosure Form This is useful if you plan on exploring a partnership with somebody else. You want to protect your ideas! By having the other person sign this document before you divulge any of your ideas, that person is legal bound not to disclose the content of any of your subsequent conversations. BETA CUSTOMER NON- DISCLOSURE AGREEMENT

The parties hereto desire to enter and establish a business relationship. Whereas, . (Hereinafter referred to as “Webmaster”) has considerable expertise and influential connections in the computer, adult Internet and Webmaster industries; and Whereas, it is the intention of the parties (signatories to the agreement below) that any introductions, information and materials collectively referred to as “Information”, given by Webmaster to {Beta Testers Name} (hereinafter referred to as “Beta Customer”) or Beta Customer’s End-users not be used for any purpose that is not in the best interest of Webmaster. Therefore any information provided to the Beta Customer/End-user and any other third party shall not be disclosed to any other parties without the prior written approval of Webmaster. During discussions, it may be necessary and desirable for Beta Customer and Webmaster to disclose or make available to each

162 other some of their respective proprietary and confidential information which information shall be clearly characterized in writing to be confidential (individually and collectively referred to herein as “Information”), including but not limited to specifications for hardware, software, coding, html code, partnership programs and/or traffic programs, customer list, maintenance services and information about marketing plans and future products. NOW THEREFORE, in consideration of each party’s providing this information to the other, Beta Customer and Webmaster hereby agree as follows: 1) Each party acknowledges and agrees that title to all rights and interest to the Information wherever resident and on whatever media, shall remain with the disclosing party. 2) Each party agrees that it shall maintain the Information in strict confidence, shall not communicate, disclose, nor make available all or any part of the Information to any person or entity, and shall use its best efforts to prevent inadvertent disclosure of all or any part of the Information to any third party. 3) Each party agrees that it will not exploit, commercially or otherwise, appropriate for its own use, or reproduce in any form all or part of the information unless specifically authorized by the other in writing. This obligation to maintain the Information in strict confidence includes the obligation to impose upon the receiving parties, employees and agents the same requirement of confidentiality and non-disclosure as required herein, both during the course of their employment and thereafter. Page 1 4) Each party agrees not to alter or remove any copyright, proprietary rights notice, or identification, which indicates the disclosing party’s ownership, from any part of the Information. 5) Each party recognizes that the disclosure or alteration of the Information may give rise to irreparable injury to the disclosing party, inadequately compensable in damages and that, accordingly, the disclosing party may seek and obtain injunctive relief against the breach or threatened breach of the confidentiality, in addition to any other legal remedies which may be available. 6) The Beta Customer agrees that money damages would not be a sufficient remedy for any breach of this Agreement and that Webmaster shall be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this Agreement by the Beta Customer or persons under the Beta Customer’s direction or control (including but not limited to employees). Such remedy shall not be the exclusive remedy for any breach of this Agreement, but shall be in addition to all other rights and remedies available at law or in equity. It is agreed that this Agreement may be enforced in the jurisdictions in which each party has its principal office, as well as any jurisdiction in which a threatened or actual breach occurs. This Agreement shall be governed and construed according to the laws of the State of {state

163 name}.

REMEDIES Any controversies or claims arising out of, or relating to, this Agreement, or the making, performance, or interpretation thereof, shall be settled by arbitration in {jurisdiction of your choice}, in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. ATTORNEYS’ FEES AND COSTS If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, interest, and necessary disbursements in addition to any other relief to which he/she may be entitled. Beta Customer shall defend, hold harmless and indemnify Webmaster for any liability, loss, claim, or damage of any kind, including attorneys’ fees incurred by Webmaster as a result of any disclosure or use of any Information in violation of the provisions of this agreement. This indemnification and the obligation of confidentiality created by this agreement shall survive termination of this agreement. Page 2 PARTIAL VALIDITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any matter. LAW GOVERNING AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of {state of choice}. MODIFICATION OR WAIVER This Agreement is not to be amended, except after the date hereof by an instrument in writing signed by all of the parties, and no amendment, modification, termination, or waiver shall be binding unless in writing and signed by the party against whom the amendment, modification, termination, or waiver is sought to be enforced. No waiver of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. IN WITNESS WHEREOF, the parties hereto have executed and accepted this Agreement:

{Beta Tester legal Name} {Webmaster Legal Name}

164

License agreements

A license agreement is a legal contract between a consumer and the producer of whatever is being licensed. The agreement gives the consumer rights to use the product (photos, video, software, etc) in certain ways, and outlines these ways in which the consumer or ‘licensor’ may use the product.

Anytime you purchase or rent a video tape you will see a license displayed on one of the first screens of the video.

When you purchase or download software you will also see a license agreement to which you usually must click a button or check a box stating that you agree with the terms. Adult content is no different. If you purchase content from a provider or photographer they should provide you with a license agreement which states the ways in which you are purchasing the right to use the content.

If you come across a provider that does not give you a license agreement to sign or fill out, you should not purchase content from them.

Adult Verification (AVS programs) http://www.18pluscard.com/webmaster http://www.adultcheck.com/ http://www.adultbouncer.com

165 http://www.adultsights.com http://www.allmalepass.com (gay) http://www.avsmax.com/ http://www.freeadultvault.com/ http://www.freeagecard.com http://www.freenetpass.com/ http://www.oneverify.com http://www.sexkey.com/ http://www.thefreekey.com/ http://www.unitedgayadultsites.com (gay) http://www.universalpass.com

Affiliate/Partnership Programs There are hundreds of partnership programs, far too many to list here. These programs are useful because they provide you with their content, which you promote, and they will give you a fee for every person who clicks through from your website to theirs, and signs up to their websites. The following is a sampling. Haunt the webmaster resource sites (listed above) because there are always new programs opening up. http://www.bangbrosonline.com http://www.nastydollars.com http://www.gammacash.com

166 http://www.dannicash.com (Dannisharddrive.com was one of the first adult websites, and one of the biggest. This is their affiliate program) http://www.airwoodmedia.com/ (operates mattsmodels.com and several other top notch websites) http://www.herbalo.com/ http://www.erasercash.com http://joinrightnow.com http://webmasterunion.com/index.html http://www.sunnydollars.com/ http://www.oxcash.com http://www.trafficcashgold.com http://www.xxxpleasures.com/webmasters.htm http://www.nastybucks.com/ http://www.celebritydialer.com/ http://www.adultplatinum.com http://www.topbucks.com http://www.coldsex.com/webmasters.html http://www.lightspeedcash.com/ http://adultpaymaster.com http://www.silvercash.com http://www.gamelink.com http://www.adultmovienetwork.com http://www.clubnegro.com/ http://www.sick-pics.com

167 http://www.truecash.com http://www.vividvip.com http://www3.naughty-celebs.com http://xxxspacegirls.com http://www.liveteen.com http://www.platinumbucks.com http://www.asiancream.com http://www.rush4gold.com http://www.blowbucks.com

Click Through Programs http://www.intergal.com/

Search Engines

Mainstream Search Engines: http://www.ask.com/ (submit here: http://ask.ineedhits.com/sitesubmit.asp http://www.altavista.com/ (submit here: http://www.altavista.com/addurl/ http://www.excite.com/ (submit here: https://secure.ah- ha.com/guaranteed_inclusion/teaser.aspx http://www.hotbot.com/ (submit here: http://insite.lycos.com/searchservices/ http://www.infotiger.com/ (submit: http://www.infotiger.com/addurl.html http://search.looksmart.com/ (submit : http://listings.looksmart.com/campaigns/submit/initial.jhtml?registerSt ate=2&loginState=3 http://www.lycos.com/

168 http://search.msn.com/ (submit: http://submit.looksmart.com/;jsessionid=SKWE4NY15DM4XLAQAUH U2LFMCACRATRF?synd=&sid=prt100933&chan=zddresults http://www.netscape.com/ (submit: http://digitalwork.netscape.com/searchengines_buy.html http://www.northernlight.com/ http://www.content.overture.com/d/ (formerly Overture) http://www.quepasa.com (submit: http://search.quepasa.com/ http://www.teoma.com/ (submit: http://static.wc.ask.com/docs/addjeeves/Submit.html http://www.tygo.com/ (submit: http://www.tygo.com/websites/LifeTime_Indexing.aspx http://www.worldlight.com http://www.cyberfetch.comt http://www.linkavista.com/ http://dmoz.org/add.html http://www2.mallpark.com/Adult/FullAccess.cfm http://www.euroseek.com/cgi-bin/new/suggest.cgi?cat=Adult http://www.google.com/addurl.html http://add.yahoo.com/fast/add?496328

This one is free: http://submit.search.yahoo.com/free/request

Adult Entertainment Search Engines: http://www.adulteverything.net/ae/addurl.html reciprocal link required, placement guidelines and submission restrictions apply.

169 http://www.adoolt.com/ banner and ad-free with integrated adult directory and adult oriented crawler. http://www.adult-bookmarks.com/ http://www.adultsdirectory.net/ Submit your site for free. http://www.adultfairlinks.com/ registration required for site submission http://www.adult-list.com/ http://www.adultporngateway.com/ http://www.adult-search-engine.net/ http://www.adult-search-xxx.com/ http://www.adultsearchplanet.com/ guide on searching adult resources http://www.adultsitesearch.info/ submit your site for free http://www.adultsitesubmit.com/main.html no submission restrictions. http://www.adultsurf.ca/ http://www.afterhourslinks.com/ http://www.allgaylinx.com/webmasterresources/ reciprocal link required. http://www.amateurfinder.com/main.html http://analattraction.com/cgi-bin/links/add.cgi reciprocal link with prominent placement required http://arlospornvault.com/ free submission mega search engine http://www.askjolene.com/ searchable pay per click traffic for your galleries http://www.bentlinks.com/ gay, bisexual, lesbian search engine.

170 http://blisteredpalms.com/ adult yahoo style search directory. http://www.bluewavelinks.com/ http://www.booble.com/ http://www.club18-21.com/addurl/index.html fee paid via Storm Pay, or Pay Pal for site submission. http://www.cuddlebunny.com/ http://www.distantdoor.com/submission.asp reciprocal link required, Daily site submission okay http://www.doosey.com/ submit free, avs & pay sites. Reciprocal link required http://www.eroticasearch.net/ http://dir.eroticsurf.com/ reciprocal link required. http://www.fetbot.com/addurl.cgi free submission for fetish and BDSM sites with minimal banners, pop-ups and consoles, no free hosted sites allowed http://www.fetishbank.net/links/addurl/ free submission for fetish sites, reciprocal link required, no free hosted sites, banner farm sites, full ad pages and blind links. http://findxxxnow.com/ http://www.gaycrawler.com/ search engine and directory for the worldwide gay and lesbian community http://www.gayzoo.com/addurl.html http://www.internet-spider.de/newurl.html German, English translated spiders, no site restrictions and ranking determined by date of submission. http://www.jansweb.com/

171 http://www.manlynx.com http://www.mgpdirectory.com/linkmanager/index.php comprehensive listing of all the MGP sites. http://www.naughty.com/add_url.phtml free link submission for adult and free speech sites, no geocities, angelfire, or tripod sites allowed. http://www.naughty-search.com/ reciprocal link required, no site restrictions http://needxxxnow.com/ Pay per listing search engine. http://www.pertunda.com/ adult search engine offering categorized adult links. http://www.penis-mare.com/ http://www.porn-dailys.com/ full text search engine. Site submission welcome http://www.porngoto.com/ http://www.pornificent.com/ A crawler based, full text indexing adult search engine http://youngfux.com/genesis/ http://www.iwantmyxxx.com/ http://www.lustbox.com/ http://luxuriasex.com/bestporn.shtml http://www.thebestporn.com/home.html http://www.naughty.com/ http://onlybestsex.com/ http://www.pornsearcher.com/

172 http://www.pornsiteportal.com/ http://www.porno-lot.com/ http://www.redlightdelights.com/ http://www.searchboxxx.com/ adult internet search engine providing qualified traffic to your site. http://www.sexcollective.com/staticpage?page=links reciprocal link required. http://www.searchforsex.net/ http://www.seekadult.com/ free submission for main page and reciprocal link required http://sexmole.com/getlisted.html multiple search engine placement with site submission. http://www.sex.com the web’s # 1 adult focused PPC search engine. http://www.sexualspider.com/cgi-bin/search/signup.cgi multiple submission options available. http://www.sexxarch.com/ alternative sex engine. http://www.smutme.com/ http://www.sweetlinks.com/wmain.html reciprocal link required and site restrictions apply. http://www.gogogo.com http://www.ss-sex.com/ http://www.swelinks.com/linker http://www.xfinder.com free and premium listings available, no restrictions. http://www.xxxwebfinder.com/

173 http://www.sexdream.net/ http://www.cyberfetch.com/search/getlisted.html http://www.talkingporn.com/ keyword search engine. Reciprocal link required. http://tgpshark.com/ http://www.x-find.co.uk/ UK adult search engine. http://www.xxxsearch.co.uk/ Adult search engine / Directory with a UK bias. http://www.xxxcruiser.com/ submit your site for return traffic. http://www.xdomains.com/main.html

These Search Engines require A Reciprocal Link: http://www.shaggingsheep.net http://www.42adult.com/ http://www.linkdatabase.com/cgi-bin/add.cgi http://www.free8teen.com/links/addurl.html

Software for Adult Webmasters

Webpage editing software:

Really simple website creation software: http://www.coffeecup.com Coffee Cup, about as easy as it gets. They also have various other software offerings for creating basic Flash, building forms, etc. http://www.coolpage.com Another very easy to operate HTML page maker.

174 http://www.sausage.com/default.php Home of Hotdog, one of the first ever HTML editors. The first one I ever used, in fact.

More elaborate software: http://www.netobjects.com Netobjects Fusion http://www.macromedia.com Dreamweaver. This one is what the pros use.

Graphics www.macromedia.com Fireworks. Great for creating web specific images. A little pricey, but worth it. It does most of what Photoshop will do but without the steep learning curve. http://www.adobe.com The pros use Photoshop. I am proficient in Photoshop, but don’t use it. It’s expensive and over-kill for what I need to do online. You may wish to look at Photoshop Elements, which is a scaled down version of Photoshop, and contains all the capabilities that you would need. http://www.ulead.com Photo Impact. About as easy as it gets, and inexpensive as well. http://www.cerious.com/ Thumbs Plus. Create thumbnails with a click of your mouse. This program is a must have for adult webmasters. It will save you bandwidth to have your images thumb nailed, and save your visitors the frustration of waiting for an image to load and then finding out they don’t like the pic! Create galleries of pics for submission to TGP’s with just a few key strokes. I use it, and so do most webmasters. Well worth the price.

Online Text Generators http://www.cooltext.com/ http://www.flamingtext.com/

Video Editing

175 Novice: have a look at Sony Movie Studio (http://www.sonymediasoftware.com) or any of the Ulead products (www.ulead.com)

Professional: Adobe Premier (www.adobe.com) or Vegas Video Suite (http://www.sonymediasoftware.com)

Other interesting software: http://www.wavget.com/typeitin.html Create a different list for each of your websites, when you have to fill out a form that wants your site info, click the right button and the program types in the info for you! http://www.searchenginewatch.com/ Search Engine news, how they rank sites, and tips on getting a higher listing. This is a MUST have bookmark if you are serious about promotion.

Sexual Toys

The worlds biggest manufacturer and wholesaler of every kind of sex device and toy you could imagine: http://www.docjohnson.com/

FTP

FTP stands for FILE TRANSFER PROTOCOL. This is how you get your files from your computer to your server. I really like Cute FTP. It is inexpensive, and quite easy to use. You can download it from here: http://www.cuteftp.com/

Their tutorial is here: http://www.cuteftp.com/support/genusage6.asp

176 However, I have put together some simplified instructions for you. (Scroll down)

Connecting to Your Web Site

Start CuteFTP. Click on File and scroll down to Site Manager.

177

Click New in FTP Site Manager window.

178

Complete these fields in the Site Settings window

Label for Site - A method of identifying the connection. It will appear in the left most box of the connect window.

FTP Host Address - The domain name* , for example: www.yourdomain.com.

User ID - Your administrator username.

Password - Your administrator password.

FTP Site connection port - leave as 21

Click the Connect button.

179 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

Uploading Files to Your Web Site/Downloading Files from Your Web Site

The CuteFTP main window, which is used to transfer files to and from your Web site will display.

The left frame is your site’s directory structure.

The right frame is your file list. This is the frame where you will drag and drop the files from your local system.

Windows hosting customers would want to upload their files in the root directory. This directory will actually be showing when you first connect to your site (also shown in the picture above).

Unix hosting customers would want to upload their files in the html

180 directory.

Set the correct transfer mode at the top. All Web page files must be uploaded in ASCII, while all programs must be uploaded in Binary.

Click and drag files and/or directories over the file list and release.

And that’s it! Simple, eh?

Web Host Companies www.xxxwebhosting.com http://swiftwill.com/ http://www.exmasters.com http://www.imagecomp.com/adulthosting.html http://www.adultwebinc.com/ http://www.hostxxx.net/ http://www.adulthost.com/index.php http://www.adulthostingunlimited.com http://www.adultxspace.com/ http://www.choopa.com/ http://powermedium.com/ http://www.cobaltweb.com/monsterplan.htm http://envisionexthost.com/web_hosting_services.html

181 e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

Web host Review Sites

These are useful for garnering user reviews and experiences regarding web hosts. http://www.webhostingreviews.com/reviews.shtml http://www.hostrated.com/ http://hostreview.com/reviews.html http://www.hostchart.com/search_shared.asp http://www.webhostingtalk.com/

Content Providers

These companies are useful if you plan on creating a website, but purchasing your content. This is by no means a complete list of every content provider out there. Again, regularly visit the adult webmasters sites that I listed earlier (here are my personal top four, in case you’re too lazy to scroll back and re-read the list: www.gofuckyourself.com , http://www.theadultwebmaster.com, www.avn.com, www.ynot.com ) http://www.aaron-matthews.com/content.html http://www.absolutecontent.com/ http://www.adultwebgames.com/ http://www.adultcontentstore.com/ http://www.adultcontentzone.com http://www.adultcontent.ca

182 http://www.adultcontentseek.com/ http://www.adultlegal.com/ http://www.adultsexcontent.com/default.html http://www.aduchrome.com/content/ http://www.adult-worx.com/pics/ http://www.aebn.net/ (lots of streaming videos) http://agecontent.com/ http://allsexinone.com/ http://www.amateursets.com/main.html http://www.amateurvideoz.com/ http://www.amateur-cutie-content.com/main_public.html http://www.angelcontent.com http://artphotoworks.com http://www.britishglamourcontent.com/ http://www.butterballs.net/ http://www.cdbabes.com http://www.cfcontent.net/ http://www.channel69content.com/ http://www.chickpixxx.com/ http://www.climaxpics.com/ http://www.clits-n-tits.com/

183 http://www.cloud9content.com/

If you purchased this from anywhere other than producerslounge.com, you have been ripped off and hence will not be able to benefit from the free updates of this e-book. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc. http://www.contentbroadband.com/main.html http://content.magiclive.cz/ http://www.content2die4.com/ http://www.contentrus.com/ http://www.contentspotlight.com/ http://www.cool-content.com/ http://coolcd.natastudio.net/ http://www.coolpiranha-content.com/ http://www.cybereroticagallery.com/ http://www.cvproductions.com/index1.htm http://www.dakoragencies.com/ http://www.davidlace.com (and also LaceContentWorld.Com for very high end content) http://www.doccontent.com/newmain.html http://dde.on.ca/index.htm http://www.domaingirls.com/ http://www.d-senterprises.com/ http://www.dvcontent.com/

184 http://www.electrickiss.com/ http://www.eromodelcontent.com http://www.eroticabyjoseph.com/ http://www.faithfuldesigns.com/ http://www.fantasycontent.com/ http://www.fetishbrokers.com/ http://www.fetishcinema.com http://www.focusadult.com/ http://www.garill.com/ http://www.greatsexcontent.dk/ http://www.greg-gregory.com/ http://haremgroup.com/content/ http://www.harry-red.com/ http://www.honeyblake.com/ http://www.igallery.com/new/index.html http://jokersx.com/ http://www.keisystems.com/movies/movieaccess.htm http://www.latexerotica.com/fetishcontent/ http://www.leasecontent.com/ http://www.legalpictures.com/ http://www.legalporn.com/

185 http://www.legalrussiancontent.com/ http://www.localadultservices.com/apc.html http://midnightdigital.com/main.html http://www.mzabel.com/ http://www.nyne.com/ http://www.oraldatabase.com/webmaster/ http://www.ounique.com/site/ http://www.paradisewebs.com/ http://www.passioncontent.com/ http://www.pics4clicks.com/ http://www.pixmasters.com/ http://www.pornication.com/ http://pornusa.com/ http://www.providerx.com http://www.pythonvideo.com/ http://www.redtheater.net/ http://www.secretfantasy.com/ http://www.sex4cash.com/ http://www.sexcontents.com/ http://www.sexcontentprovider.com http://www.sex-modeling.com

186 http://www.sextelligent.com/ http://www.sexualcandy.com/index.html http://www.sizcotv.com/ http://www.sobegirl.com/ http://www.3xcontent.com http://www.tandrprod.com/ http://www.tesbroadcasting.net/content.html http://www.tripleforce.net/ http://www.twoblindmice.com/ http://www.underworldcontent.com/resources.html http://www.web-legal.com/ http://www.xdigitals.com/ http://www.xxxcontentdirect.com/ http://xxx-office.net/ http://www.xphotography.com http://www.xpixie.net/ http://www.xtremecontent.net/siteControl.php http://www.zmaster.com/

187 Production Companies

Here is a list of some of the bigger production companies. You may find this useful if you’re looking for work as a camera person, or perhaps on camera yourself.

10% Productions 6165 Santa Monica Blvd. Hollywood, CA 90038

11 Eleven Productions 21115 Devonshire Street #123 Chatsworth, CA 91311

A Beautiful Hand Productions 2185 E Morris St Philadelphia, PA

A55 6317 Arabella Ave Lakewood, CA 90713

Asian Eyes Pictures 9634 Ventura Blvd. Suite 304 Tarzana, CA 91356

AceLay-X P.O. 45, DK-2610 Rodovre

Adam & Eve 302 Meadowland Dr. Hillsborough, NC 27278

Alborda Video 59 Lake Drive, Hightstown, NJ 08520

Alex Clark Entertainment 372 Florin Road #233 Sacramento, CA 95831

All Blew Shirts 14141 Covello Street, Unit 8-C Van Nuys, CA 91405

All Great View 18034 Ventura Blvd. #485, Encino, CA 91316

188 All Male Studio 217 West 8-th Street, New York, NY

All Worlds Video 3487 Kurtz St. San Diego, CA 92110

Altomar Video Video 10 Distributors 7065 Lexington Ave. West Hollywood, CA 90038

Amor 6853 Woodley Ave. Van Nuys CA 91406

Anabolic Video 534 Victoria Ave. Venice, CA 90291

Anarchy Films 20850 Dearborn St. Chatsworth CA 91311

Armageddon 6140 Leadwell Street, Van Nuys, Ca 91406

AVE Entertainment 310 Townsend St . #428 San Francisco, CA 94107

Awesome Prod. 8735 Remmet Ave. Canoga Park, Ca 91304

B&D Pleasures 3200 E. 59th St. Long Beach CA 90805

B-G Ent. 12917 Valleyheart Dr. #14 Studio City, CA 91604

Babylon 706 W. Monterey Rd. Corono, CA 92878

189 Bacchus 8717 GlenOaks Blvd. Unit B, Sun Valley CA 91352

Bang Bros. Production 444 Brickell Ave Suite 1001 Miami, FL 33131

Gentlemen Video 21638 Lassen st. Chatsworth, Ca 91311

Bi-Chance ”C” Street Corporation 217 West 80th Street New York, New York

Big Blue Productions 6030 Ventura Blvd. #300 Encino, CA 91436

Big Top 214 W. Grant Rd. Tuscan, AZ 85705

Birlynn Productions 350 W 30th St. Suite 6-C New York, N.Y. 10001

Bizzare Video 20-40 Jay St. Brooklyn, NY 11201

Black Cherry Films 1680 N. Vine St. Suite #308 Hollywood, CA 90028

Body Shoppe 3802 Rosecrans Suite 351 San Diego, CA 92110

Caballero 15041 Calvert St. Van Nuys, CA 91411

Can-Am 3550 Wilshire Blvd Ste 1100 Los Angeles, CA 90010

CandidCam Entertainment Network, Inc. 412 E. Madison St. Tampa, FL 33602

190

CAV 1157 South Beverly Drive Los Angelas, CA 90035

Cazzio Video 10- 7065 Lexington Ave West Hollywood, CA 90038

Celestial Productions 21634 Lassen, Chatsworth, CA 91311

Channel 1 Releasing 8704 Santa Monica Blvd. PH2 West Hollywood, CA 90069

Channel 69 9400 Lurline-Suite F1, Chatsworth, CA 91311

Christophe Clark Productions 14141 Covello Street, Unit 8-C Van Nuys, CA 91405

Cinderella 8021 Remmet Ave. Canoga Park, CA 91304

Classic X 1786 N. Highland Ave. Hollywood 90028

Close Up Prod. Close-Up Concepts, 900 Citrus, L.A. CA 90038

Club Jenna 15127 Califa St. Van Nuys, CA 91411

Club Reno Productions 7246 Variel Ave. Suite E Canoga Park, CA 91303

Coast To Coast 39 W. 19th st. N.Y, NY 10011

Colt Studio

191 5733 Lankershim Blvd. North Hollywood, CA 91601

Cover Boy Pictures 4012 S. Rainbow Blvd. K-596 Las Vegas NV 89103

Cream 11300 Hartland St. North Hollywood, CA 91605

Crystal Wave Pictures Petrinska 5, 150,000 Prague 5 Czech Republic

Curly Productions 14141 Covello Street, Unit 8-C Van Nuys, CA 91405

Dane Productions, Inc. 9547 Cozycroft Ave. Chatsworth CA 91311

Dave Cummings Productions 4130 La Jolla Village Drive #107-192 La Jolla, CA 92037

David Ent. 4132-A Del Rey Avenue, Marina Del Rey, CA 90292

Defiant Productions 321 Yonge St. Toronto, Canada M2J 4T2

Delta Productions 3333 Glendale Blvd. #3 L.A. CA 90039

Demontic Films 5840 S Semoran Blvd. Orlando, FL 32822

Devil’s Films 22425 Ventura Blvd., #110, Woodland Hills, CA 91364

DG Distributors, Inc. 1736 Erringer #104, Simi Valley CA 93065

Diabolic

192 534 Victoria Ave, Venice, CA 90291

Digital Dreams 20436 Corisco St., Chatsworth CA 91311

Digital G Entertainment 666 North Robertson Blvd, Suite 5 Los Angeles, CA 90069

Digital Lust 9800-D Topanga Canyon Blvd. Ste 256, Chatsworth, CA 91311

Digital Playground 8471 Canoga Ave, Canoga Park, CA 91304

Digital Sin 9025 Eton Ave. Unit C. Canoga Park, CA 91304

Dolphin International 372 Florin Rd. #233 Sacramento, CA 95831

Don Goo Interprises 8029 Masefield Court, West Hills, CA 91304

Dream Angels Pictures 6340 Coldwater Cyn. #209 Valley Glen, CA 91606

Dream Girls 808 West Waters Avenue, Tampa, FL 33604

Dreamland U.S.A. 9158 Eton Ave. Chatsworth, CA 91311

DVD Invasion Gentlemen’s Video 21638 Lassen St. Chatsworth CA. 91311

DVSX 20881 Plummer Street Chatsworth, CA 91311

Ebony Eyes 21115 Devonshire Street #123 Chatsworth, CA 91311

193

Ebony Video Int. 1077 Market St. San Francisco, CA 94103

Edward James Production 11320 Chandler Blvd. #A North Hollywood CA 91602

Elegant Angel 9801 Variel St., Chatsworth, CA 91311

Elite 457 Coral Sea St. Henderson NV. 89074

Eros 18034 Ventura Blvd. #251 Encino, CA 91316

Erotic Angel 9158 Eton Ave, Chatsworth, CA 91311

Erotic Film Girls N. Albert 1272 Providence Rd. Suite 100 Secane, PA 19018

Erotica 2000 15041 Calvert St. Van Nuys, CA 91411

Eurotique Ent. 9510 Vassar Street, Chatsworth, CA 91311

Evasive Angles 22425 Ventura Blvd. #197 Woodland Hills CA 91367

Evil Angel 14141 Covello St., Unit 8C, Van Nuys, CA 94105

Explosive Gentleman’s video 21638 Lassen St. Chatsworth, CA 91311

Extreme Associates 16140 LeadWell Street, Van Nuys, CA 91406

194

Falcon Studios 444 DeHaro Street, Suite 210; SanFranciso, California 94107

Fallen Angel 9424 Eton Ave. Unit F, Chatsworth, CA 91311

Fantadream Pictures Inc. 5460 Peck Rd. #J, Arcadia CA 91006-5871 USA

FD Productions Inc. 8975 Fulbright Ave, Chatsworth, CA 91311

Fatt Entertainment 9610 Desoto Ave. Chatsworth, CA 91311

Femme Productions 302 Meadowland Drive, Hillsborough NC 27278

FilmCo 9718 GlenOaks Blvd. Unit B, Sun Valley, CA 91352

Flash Point Productions 9960 Canogo Ave., Suite D-6 Chatsworth CA 91311

Flesh Entertainment 20436 Corisco St. Chatsworth CA 91311

FM Concepts 14141 Covello St. #9C, Van Nuys, CA 91405

Forbidden Films 10 East 33rd St. NYC, NY 10016

R. Ryder Entertainment 8735 Shirley Ave. Northridge, CA 91326

Cream of the Crop Video,

195 7831 Noble Ave; Van Nuys, CA 91605

Fuck Flixxx 18034 Ventura Blvd. #251 Encino CA 91316

Full Blown Pictures Darin 500 Via Lugano Circle, Apt 104 Boyanton Beach FL 33436

Futureworks J. Resnick 10 East 33rd Street, 7th Floor NYC, NY 10016

Gen XXX 92 Corporate Park C275 Irvine, CA 92606

Gentlemen 21638 Lassen St. Chatsworth, CA 91311

Girlfriends Films 16948 Escalon Drive Encino, CA 91436

GLE GLE Entertainment 22968 Victory Blvd. Suite 215 Woodland Hills, CA 91367

GM Video 635 N. Twin Oaks Valley Rd. #15 San Marcos, CA 92069

GMI Video Dark Star Productions 630 Ninth Ave. New York, NY 10035

Graphik Art P.O. Box 460142v, San Francisco, CA 94146

Great Dane Productions 12244 Burbank Blvd Suite 203 N. Hollywood, CA 91607

Greenwood/Cooper 6165 Santa Monica Blvd Hollywood, CA 90038

Heartland Studios

196 2422 Ridgeview Ave Los Angeles, CA 90041

Heatwave 7750 Burnet Ave. Van Nuys, CA 91405

Historic Erotica 630 9th Ave. NY, NY 10036

Hollywood Adult Video 12420 Montague St. Unit D Arleta, CA, 91331

Horizon Horizon DVD, 7750 Burnet Ave. Van Nuys, CA 91405

Horse Dick Video 17216 Saticory Street Suite 529 Van Nuys, CA 91406

Hot Desert Knights Productions 5000 Calle San Raphael Suite C5 Palm Springs, CA 92264

Hot House 640 Grove St., San Francisco, CA 94102

Huge Video 7842 Electra Dr Los Angeles, CA 90046

Hustler 8484 Wilshire Blvd., Suite 900 Beverly Hills, CA 90211

I-Candy 4230 Del Rey Ave. #202 Marina Del Rey, CA 90291

In Touch 13122 Saticoy St North Hollywood, CA 91605

In-X-Cess Production 9400 Lurline Ave. Unit F, Chatsworth,CA 91311

Inferno Film Productions 7750 Burnet Ave Van Nuys, CA 91405

197

Jake Steed Prod. 18034 Ventura Blvd. #514 Encino, CA 91316

JAP Pictures 16154 Wyandotte Unit B Van Nuys, CA 91406

Jet Multimedia 2899 Agoura Rd Suite 379 Westlake Village CA 91361

Jet Set 5565 Auckland Ave. No. Hollywood, CA 91601

Jill Kelly Productions 9127 Thrasher Ave. Los Angeles, CA 90069

Jim Gunn Productions 2805 E. Oakland Park Blvd #445 Ft. Lauderdale, FL 33306

JM Productions 8955 Fullbright Ave, Chatsworth, CA 91311

John Fantasy Productions Fantasy Enterprises, Inc. P.O. Box 681428, Orlando, FL 32868

Jules Jordan Video 14141 Covello Street, Unit 8-C Van Nuys, CA 91405

Kick Ass 1220 S. Boyle Ave Los Angeles, CA 90023

Knob Ryder Genesis Publishing 21040 Nordhoff Street Chatsworth, CA 91311

Kristen Bjorn Productions, 221 SW 22nd Ave. Suite 210 Miami, FL 33135

198 LBO 21601 Devonshire St. Suite 125 Chatsworth,CA 91311

Legend 8955 Fullbright Ave. Chatsworth, CA 91311

Leisure Time 7050 Valjean Ave. Van Nuys , CA 91406

Leoram 12423 Gladstone Ave. Lakeview Terrace, CA 91342

LGI Distributors 7722 Nathan Court Manassas, VA 20109

Limelight Productions 3600 S. Highland Dr. Suite 2 Las Vegas, NV 89103

Action Inc., 2475 Chandler Ave. Suite 10, Las Vegas, NV 89120

London Ent. 15756 Arminta St Van Nuys, CA 91406

Lord Perious Prod. 9620 Sepulveda Blvd. North Hills, CA 91343

Lucas Entertainment 332 Bleecker K26 New york, NY 10014

Lucas Kazan Productions 23912 Alcalde Drive Suite K, Laguna Hills, CA 92653

Mac Daddy Entertainment, Inc. 10128 Empyrean Way 202 Los Angeles, CA 90061

Macho Man 9145 Owensmouth Ave. Chatsworth, CA 91311

199

Man’s Best 2554 Lincoln Blvd. #407 Marina Del Rey, CA 90291

Manhunter Video 1416 Kirkwood Rd. Baltimore, MD 21207

Marcostudio 23192 Alcalde Drive Suite K Laguna Hills, CA 92653

Marina Pacific 5565 Auckland Ave N Hollywood, CA 91601

Matt Sterling 8383 Wilshire Blvd., #360, Los Angelas, CA 90211

Maverick Ent. 291 S. LA Cienega Blvd Suit 107 Beverly Hills CA 90211

Mavrick 217 West 80th street, New York, NY

Mayhem 9155 Deering Ave Chatsworth, CA 91311

Men of Odyssey 2677 La Cinenega Blvd. L.A. CA 90034

Men’s Sexuality S. Brastow 9135B Alabama Ave. Chatsworth, CA 91311

Metro 9315 Oso Ave. Chatsworth, CA 91311

Midnight 9158 Eton Ave Chatsworth, CA 91311

Mirage Mirage Video Inc. Valencia, CA

200 Mojo Video 73 Spectrum Blvd Las Vegas, NV 69101

Mother Productions 1050 W. Katella Ave. Suite D Orange, CA 92867

Multimedia Pictures 9730 Variel Avenue Chatsworth, CA 91311

Mystic Productions 9530 Owensmouth Ave. #1 Chatsworth CA 91311

Nasty Pixx 13032 Ebell St. North Hollywood, CA 91605

New Era Entertainment, 818 North Spring St. Unit 101, Los Angele, CA 90012

New Machine 8955 Fullbright Ave. Chatsworth, CA 91311

New Sensations 9025 Eton Ave. Unit C. Canoga Park, CA 91304

New Vision 59 Lake Drive, Hightstown, NJ 08520

Pure Play Media Inc. 19800 Nordhoff PI. Chatsworth, CA. 91311

Noose Video 9145 Owensmouth Ave., Chatsorth CA 91311

NuTech Digital 14141 Covello St. Unit E4D Van Nuys, CA 91405

Nymph C.C 21040 Nordoff St. Chatsworth, CA 91311

201

Odyssey Group Video 2677 La Cienega Blvd., LA CA 90034

Oh Man! 1353 N. Martel Ave. #109, Los Angelas, CA 90046

Custom Boys, 260 Washington Blvd. New York, NY 10014

Oriental Dream Pictures 2130 Savtele Blvd #111 Los Angeles, CA 90025

Oxygen Pictures, Inc. 22935 Ventura Blvd. Suite 218 Woodland Hills, CA 91364

P.T. International 220 East K-4 Suite #1, Lancaster, CA. 93535, USA

Pacific Media 6165 Santa Monica Blvd. Hollywood, CA 90038

Pacific Sun Asian 15210 Keswick Steet Van Nuys CA 91405

Pacific Sun Entertainment 13340 Saticoy St. Bldg H, North Hollywood, CA 91605

Pagan Pictures 22242-8 Germain St. Chatsworth, CA 91311

Passion Pictures 6860 Canby Ave. Ste. 102 Reseda, CA 91335

Passion Productions 2020 Broadway 2nd Floor Santa Monica, CA 90404

Penthouse General Media Entertainment, Inc. 11 Penn Plaza 12th Floor, New

202 York, NY 10001

Pink Bird Media 4490 B Coronado Ave San Diego, CA 92107 (D. Ashe)

Pixis 92 Corporate Park C275 Irvine, CA 92606

Platinum X Pictures 21018 Osborne St. #5 Canoga Park, CA 91303

Playboy Playboy Entertainment group, Inc. 9242 Beverly Blvd, Beverly Hills, CA 90210

Playtime Entertainment 10624 Bloomfield St. Toluca Lake, CA 91602

Plum Productions 59 Lake Drive, Hightstown, NJ 08520

Premiere Productions 42263 50th St. West #701 Quartz Hill, CA 93536

Priape Video 1000 Amhest Suite 101 Montreal, Quebec, Canada H2L 3K5

Meridian Ent., Inc. 310 Cedar Lane, Teaneck, NJ 0766

Priv. Performance 2855 Pinecreek Drive A405 Costa Mesa, CA 92626

Puppy Prod. 8955 Fullbright Ave. Chatsworth, CA 91311

203 Puritan 8955 Fullbright Ave. Chatsworth, CA 91311

Rad Video 1125 Fairfax Avenue. Los Angelas, CA 90046-0599

Raging Stallion 82 Mary St San Francisco, CA 94104

Rain Productions 8471 Canoga Ave Canoga Park, CA 91304

Randy West Productions 14141 Covello St., Unit 8C, Van Nuys, CA 94105

Raw DVD 15127 Califa St. Van Nuys, CA 91411

Real to Reel 996 Redondo Avenue #111 Long Beach, CA 90804

Red Light District 9300 Oso St., Chatsworth, CA 91311

Regiment Productions 59 Lake Drive, Hightstown, NJ 08520

Renegade 7838 Noble Ave. Van Nuys, Ca 91405

RGP Media 5325 Commerce Avenue #1 Moorpark, CA 93021

Rising Sun 21115 Devonshire Street #123 Chatsworth, CA 91311

Robert Hill Entertainment 10428 Burbank Blvd. North Hollywood, CA 91601

Rocco Sifreddi Productions

204 14141 Covello Street, Unit 8-C Van Nuys, CA 91405

Rosebud 59 Lake Drive, Highstown, NJ 08520

Sam Shaft Productions 1551 Westwood Blvd. CA 90024

Samurai Video 9610 De Sota Ave. Chatsworth, CA 91311

San Francisco Fetish Factory P.O. Box 641645, SF CA 94164-1645

Ducati Productions 22121 Clarendon St. Suite 95 Woodland Hills, CA 91365

Score 1629 N.W. 84 Ave., Miami FL 33126

Secret DVD NG Video 9400 Lurline Suite F1 Chatsworth CA 91311

Seduction 11133 Vanowen St. St. F North Hollywood CA 91605

Sensational Videos 407 Lincoln Rd. #10R Miami Beach FL 33139

Sensorium 225 E. 9th Street Los Angeles, CA 90015

Sensual Image PO Box 281557 San Francisco, CA 94128-1557

Seymore Butts 9477 DeSoto, Chatsworth, CA 91311 (Adam Glasser)

205 Shane’s World New Sensations 21345 Lassen St. Suite 150 Chatsworth, CA 91311

Shooting Star 2717 South El Camino Real San Clement CA 92672

Sin City 9155 Deering Ave. Chatsworth, CA 91311

Sineplex Entertainment 6901 Hayvenhurst Ave. Van Nuys CA 91406

SinTec Media Labs 7108 Katella Ave. #438 Stanton CA 90680

Sinthetic 92 Corporate Park C275 Irvine, CA 92606

Smash Pictures 9619 Canoga Ave., Chatsworth, CA. 91311

SMP 8101 Orion Ave Unit 16 Van Nuys CA 91406

Snatch Productions 9610 DeSoto Ave. Chatsworth, CA 91311

Soft Touch Woodhaven Ent. Intermedia Video Products Chatsworth, CA 91311

South American Pictures 6649 Odessa Ave Van Nuys, CA 91406

Sports & Recreation Sports & Recreation Video 1051-A N. Cole Ave Hollywood, CA 90038

Stable Entertainment 10315 Woodley Ave. Suite 110 Granada Hills, CA 91344-6900

206 Sticky Floor Cinema 4820 N. Rancho Dr. Suite B Las Vegas, NV 89130

Sticky Video 942 Calle Amanecer Suite E San Clemente CA 92763

Stinguestar Productions 3780 N. Wike Rd. Rolling Meadows Illinios 60008

Street Corner Studios 7065 Lexington Ave West Hollywood, CA 90038

Strokebrook Video Dark Star Productions 630 Ninth Ave. New York NY 10036

Studio 2000 1230 North Sweetzer Ave. #207 West Hollywood, CA 90069

Studio 2000 International 1230 North Sweetzer Ave #207 West Hollywood, CA 9069

Studio-A 1625 Stanford St. Santa Monica, CA 90404

Sunshine Films Inc. 7722 Densmore Ave. Van Nuys, CA 91406

Taboo Entertainment 7131 Owensmouth Ave. #104B, Canoga Park, CA 91303

TCKS Entertainment 11856 Rochester Ave. #4 Los Angelas, CA 90025

Thai Twink Productions 219 N. Marguerita Ave., Suite E, Alhambra, CA 91801

Third World Media 21115 Devonshire Street #123 Chatsworth, CA 91311

207 Thor Productions 23192 Alcalde Drive, Suite K Laguna Hills, CA 92653

Tip Top 5460 N. Peck Rd. #J, Arcadia, CA 91006

Titan Media 121 Capp Street Suite 200 San Francisco, CA 94110

Totally Tasteless 12229 Montague Street, Arleta, CA 91331

Totally Tight 12229 Montague Street, Arleta, CA 91331

Tribal Pulse 566 S. San Vicente Blved. Suite 103 Los Angelas, CA 90048

Triumvirate Productions 2825 Lakeview Drive Casselberry, FL 32730

Tropical Tease 2140 Ewing Street Los Angeles, CA 90039

Tropical Tease Productions 2140 Ewing Street Los Angeles, CA 90039

Twane Inc. 1800 E Sahara Ave. Suite 107 Las Vegas, Nevada 89104

Twisted Transmissions 1415 Delk Dr. High Point NC 27260

Typoon Pictures Inc. 2717 South El Camino Real San Clemente CA 92672

Ultimate 302 Meadowland Dr. Hillsborough NC 27228

208 Underground Entertainment 21521 Rathernave St. Canoga Park, CA 91304

Unlimited Prod. 8735 Remmet Ave. Canoga Park, Ca 91304

US Male In-X-cess Productions Inc. 9400 Lurline Ave. Unit F, Chatsworth, CA 91311

VCA VCA labs, Inc. 9650 De Soto Ave. Chatsworth, Ca 91311

VCX VCX 13422 Wyandotte St. North Hollywood, CA 91605

Venus Video Legend Video 8955 Fullbright Ave. Chatsworth CA 91311

Vidco 15041 Calvert St. Van Nuys, CA 91411

Video Team Video Team 1115 Vanowen St. North Hollywood, CA, 91605

Video X Pix VXP 430 W. 54 Street NY, NY 10019

Vivid 15127 Califa St. Van Nuys, CA 91411

Vivid Man 15127 Califa St. Van Nuys, CA 91411

Volcanic Ent. 9801 Variel St. Chatsworth, CA 91311

VXI Nitro Productions, LLC., 21612 Marilla St., Chatsworth, CA 91311

209 Wave DVD 15127 Califa St. VAn Nuys, CA 91411

West Coast 8040 Remmet Unit 11, Canoga Park, CA 91304

Wicked Pictures 9040 Eton Avenue Canoga Park, CA 91304

Wild Blue Video 217 West 80th street, New York, NY

Wild Life 8501 Canoga Ave, Unit B, Canoga Park, CA 91304

Wildcat Productions 23192 Alcalde Dr, Suite K Laguna Hills, CA 92653

X Level Video PO Box 18862 Baltimore, Maryland 21206

Xplor Media 7721 Convoy Ct, San Diego, CA 92111

Xposed Entertainment DVD Concepts, Inc. 17216 Saticoy St. Suite 529 Van Nuys CA 91406

YMAC 2554 Lincoln Blvd. #407 Los Angeles, CA 90291

Z Productions 5460 N. Peck Rd. #J, Arcadia, CA 91006

Zane 21526 Osborne St, Canoga Park, CA 91304

Zero Tolerance Ent. 8944 Mason Ave. Chastworth CA 91311

ZFX Productions

210 ZFX Productions 1225 Bennett Rd. #154 Longwood, FL 32750

Zoom Studios 8735 Remmet Ave., Canoga Park, CA 91304

Selecting Adult Movies for Your Online Retail Store: The Other Guys by Connor Young There are so many adult movie companies that it’s hard to know which DVDs and videos one should add to an online retail store. But I do have some favorite distributors that I would like to share with you; generally I’ve found that these guys mean solid profits and mostly receive a warm reception with consumers. Your safe bets are with the Vivid’s, VCA’s, Hustler’s, and Wicked’s of the adult world. But there are huge profits in lesser known companies as well, and you should not fail to check them out too; occasionally their product quality is quite high, and some of their films are popular sellers in adult stores. The most surprising is Don Goo Enterprises’ new series that is getting a lot of exposure and generating solid reviews. The Maximum Grind series has become an in-demand hot seller, and you can check it out at www.maximumgrind.com, www.dongoo.com, or contact sales manager William Millard at 818.709.9751. This company is run by veteran adult industry professional Jeff Krull, and has become an overnight success. He is putting out top-of-the-line films at the absolute best pricing on the market. The quality and content are fresh and pure. Interactive DVDs are hot sellers and I don’t think anyone can argue with the fact that Digital Playground is putting out the best right now. Consumers like the involvement; it’s no longer a one-sided view of porn, they actually feel involved with the action. If you have not

211 checked out any of their stuff lately then go to www.digitalplayground.com or contact their sales office at 818.376.8488. Let’s not forget they hold some of the top adult stars in their stable. Once considered the underdog that could, Red Light District is now the top dog that did. It offers content to appeal to all tastes, and its movies are so well done that you would think the company is operating with a mainstream motion picture budget. They have the hottest in adult directors, including my favorite Michael Stefano (I would buy anything to look at that hunk, and his directing skills aren’t bad either), Vince Voyeur, Erik Everhard, and David Luger. And that’s just to name a few of them. They offer a wonderful variety of series and have an ability to keep even “been there done that” content looking fresh as an un-popped virgin. I can’t recommend carrying their line highly enough, especially if you want huge profits. Visit www.rldv.com or call 800.288.1077 for more information. Now, how about movies geared towards your female consumers? Inpulse Pictures has a line of movies that are aimed at titillating and tantalizing even the most conservative women. They star that awesome man Julian, and follow erotic themes that turn women on. Women are visual in a different sense than men when it comes to erotica, and it’s important to fill that demand. Visit www.skyworlddirect.com or contact the company’s sales office at 310.842.4898 for more information. I hope this helps all of you with picking a selection of films to fit all tastes; the important thing is profits and fresh quality content, which I think all of you will see these companies do offer. Good luck, and may all your sales be big ones.

Here are some very good articles that I found some time ago on the internet. I have no idea who wrote them, so if you find out please let me know so I can give them the credit due.

212 There’s a formula for building the Live Cams Aren’t Just standard adult pay site. In fact, it’s rare For Up-Sells Anymore for a webmaster to step too far away from this formula. First, you pick a niche. Next, you build a tour focused on that niche. Then you put up a few prominently-featured image galleries or video clip collections based on the selected niche theme, and you fill out the rest of the site with plug-in content from third parties. This filler content may or may not relate to your selected niche. That doesn’t really matter because it’s just filler. The niche galleries fulfill any promises made in the tour, and the filler content helps retain members by drowning them in quantity – even if it’s off topic. When it comes to up-sells, that’s what live video is for; members who want a little one-on-one time can wander over to your live video plug-in content and purchase some attention. It’s a nice bonus when it happens, but you don’t expect it to happen too often. It has always puzzled me that live content so often gets treated like “just another add-on package” when, in fact, it should occupy a much more prominent role with the average adult pay site. Your websites should never fail to leverage the unique qualities of the internet. We all know that the internet provides buyers of adult entertainment with a private, reduced-shame avenue for purchasing porn. Think of all the porn sales that were lost before the internet, not out of a lack of desire, but out of a lack of will to feed that desire at the expense of public humiliation. For many people, porn is a private matter, possibly shared with a partner or a friend, but usually it’s a solo experience. The privacy protection offered by the internet is one of its biggest assets. All websites benefit from this truth by default. You also have the “immediacy” of internet porn purchases. Seriously… why take that trip down to the local video store when you can score your porn online – and likely at a fraction of the cost? Sex is one of those impulsive things. Wait too long to deliver your product and other thoughts might take root in a buyer’s mind and spoil a potential sale. Porn would sell like crazy if it were allowed in the “impulse item shelves” at the supermarket checkout aisle. Almost all adult websites offer instant gratification for buyers. But there’s another advantage that the internet brings us, which I have not yet discussed. Interactivity. The only thing better than a

213 picture of a naked hottie is a video of a naked hottie. The only thing better than a video of a naked hottie is live video of a naked hottie. The only thing better than live video of a naked hottie is interactive live video of a naked hottie. The traditional video porn format – meaning porno movies – was left out when we moved to the realm of “live.” It’s a shame that more websites don’t find creative ways to utilize this quite significant advantage they have over plain old video store porn. That doesn’t mean solutions aren’t available. In fact, a lot of pay sites already offer the solution that I’m talking about – they just don’t feature it properly. Live and interactive video plug-in packages don’t have to be all about the up-sell. The content that these programs provide is frankly too good to be pushed to the back of a members area, buried in with those “ten thousand porno clip” plug-ins that aren’t impressing anyone anymore – and probably aren’t helping your retention rates as much as you’d like. If you carry live video feeds then it’s time to bring them front and center. If you don’t carry live video feeds, it might be time to add live content to your pay site. Unless you’re running a heavily-themed reality site that is constantly updated, your pay site probably could use the hook. Live content that provides users with the opportunity to interact with models is highly addictive to some of the biggest spending porn fans on the internet, but maybe not for the exact reason you’re thinking. I recently spoke with Dan from CamZ.com; his company has been providing live interactive cam content to adult webmasters for several years. I asked him if live cams helped pay site retention rates because of members getting hooked on certain performers; he said the hook was more in the general interactivity and live nature of the content over the draw of any specific performers. So then the problem with live video content isn’t the quality or desirability of the content itself, but rather the manner in which it is so often presented to users of an adult pay site – as just one of many content packages that are available to that user. Yet live content is so compelling that one could conceivably create an entire pay site based around live video feeds first and foremost – any additional content then is “filler” and would be delivered in a manner where it does not interfere with the prominence of the live feeds. How many live feeds are necessary to build a pay site around this content? Clearly you

214 would need to give your site’s members something live to watch all throughout the day and night. “With a combination of AmateurCamZ and HouseCamZ, we can give the members something live to look at 24 hours a day,” said Dan. “With AmateurCamZ and the addition of the new niche-specific country sites we have just started to add, we cover the majority of the hours in a given day with at least one show. There are times of the day when there are as many as four shows on at the same time. Selection is a plus, but having something live to see is the main thing.” Those webmasters who do make some money with live video up- sells might be concerned about cannibalizing sales by offering free live video to their members. Yet the question remains: Do surfers buy up-sell live video time because it’s live, or because they want one-on- one attention from a model? If it’s the latter then offering live video isn’t going to interfere with up-sells since surfers will still have to purchase “private” time if they want the model’s attention on an exclusive basis. In fact, throwing a bunch of surfers together in a room could certainly serve to enhance any sense of competition they might feel between each other – and those surfers who are willing to pay for the attention will come out on top. So many roosters, so few hens. “We have proven time and time again that having live content does not hurt the up-sells to pay per-minute [content],” said Dan. “In fact, the data supports the claim that we help encourage new customers to the up-sells by converting the ‘I would never pay for that’ crowd to paying for it. When they get a taste of these gals in their hardcore shows with 500 to 1000 other people watching and chatting, they very often want to get some additional attention with these gals, and [they] get to a point where they are willing to pay for it. We do have a PrivateCamZ system that CamZ has been feeding since we started. The conversion rates off the traffic from the [CamZ] content are proof enough that the [PrivateCamZ] sales are not hurt from the [CamZ] content.” If a webmaster were to build a pay site around live cams then it would be imperative that the site were constantly updated in a manner that promotes the live nature of the feeds. The main page of the member’s area might prominently feature a picture and bios of any

215 models who are currently performing, and below that might be a “teaser picture” of a performer who will be starting his or her show next. You want your surfers to understand that your site offers a live and interactive experience with models – at no extra fee beyond the standard membership rates. If you do decide to focus on live video, make sure to provide an ample test period; you need to allow enough time for surfers to discover your content and get hooked. Good live video content should show consistent numbers over a long period of time – you want to see a steady increase in retention and sales. Your first responsibility is to grow and maintain your pay site’s membership base; any up-sells you manage to generate are a nice bonus. So if you haven’t thought about live video before – or if your pay site’s live feeds are presented as just another content package – it’s time for a change. The internet is an interactive medium; take advantage of it, because your competition certainly has done just that. © Vertigo Multimedia Inc. All rights reserved. This e-book is completely original, and owned and copyrighted by Vertigo Multimedia Inc.

A MUST read:

21 Practical Tips for Beginning Adult Webmasters

By: Lawrence G. Walters Weston, Garrou & DeWitt www.FirstAmendment.com Educate Yourself. Too many beginning webmasters attempt to get into this industry without familiarizing themselves with the complicated regulatory scheme applicable to adult Website operations. Numerous resources exist to assist you in determining whether this is the right business for your personality and risk tolerance level. Resource sites, industry trade publications, legal resources and court opinions should all be consulted before the first dime is spent on purchasing content or marketing.

216 Develop a Business Plan. Many beginning webmasters have approached our firm for representation with nothing more than a good idea and a few bucks in their pocket. They start building their Website before performing any sort of commonplace market conditions evaluation or financial analysis. Pretty models or a unique web design are not enough to succeed in the adult Website business, at its current maturation level. Business plan forms can be found on the Internet. Entrepreneurs who have succeeded in the brick and mortar world can be the source of invaluable advice when it comes to the practical realties of operating an online business. Write your business plan and have it evaluated by your accountant, financial planner or attorney. Raise Sufficient Capital. Gone are the days when a booming adult Website business could be created for under a thousand dollars. Given the “stiff” competition out there today, a significant budget is required for items such as:

Marketing and promotion Legal evaluation Accounting services Computer Employee salaries Licenses, taxes and permit fees

Skimping on any of these items can sound a death knell for any startup adult webmaster.

Identify a Niche. The beautiful buxom blond porn star niche has been overdone, and may not provide the best return on investment. However, the interest in human sexuality is as varied as human beings themselves. Countless unique niches have yet to be discovered or exploited. Smaller webmasters can compete in a marketplace dominated by larger companies through niche marketing. Warning: Some niches can result in higher legal liability. Form a Corporation. Even as the adult Website industry becomes more sophisticated, too many Webmasters are operating as sole proprietors without the benefits and protections of a corporate entity. Properly created and maintained, a corporation can provide a shield

217 against liability for various debts, and is basically considered cheap insurance. In addition, a corporation allows a business to more easily take on investors and sell assets, should the need arise in the future. Finally, creating a corporation provides one with the air of professionalism that any startup Webmaster needs to assist in establishing his or her business reputation. Network. What this author has found in representing adult webmasters since the industry started in around 1995 is that those who are successful are those who form relationships, trade traffic, and who simply network. Attending trade shows such as Internext is a great place to start. Many regional events also occur throughout the country and North America all year long. Bar meets, parties, online chat sessions and many other forms of networking activities are available to the beginning Webmaster who seeks them out. Networking can pay dividends! Create a Set of Valid Terms & Conditions. As a Website owner, you can require that all users of the site agree to a set of restrictions and conditions in order to access and use the site. A third party billing company’s Terms & Conditions are no substitute for your own! A comprehensive set of T&Cs can save you in the event of a legal dispute with one of your customers. Keep Minors Away from Adult Materials. The government loves to use this argument, so take it away from them. Either keep your free areas censored, or implement good faith efforts to keep minors out away from free material. There are various different ways to do this: We provide our clients access to a particular computer script and copyrighted age declarations to keep minors out, but you must try to do something to keep children away from adult content. Keep in mind, virtually every state has a law prohibiting anyone from making adult materials available to minors. Strictly Comply with the Mandates of Section 2257. Title 18, U.S.C. §2257 imposes stringent requirements for (1) creating content, (2) maintaining records; and, (3) displaying content. Don’t try to guess which images require 2257 certification. Assume they all do. An attorney’s advice is critical at this juncture. Copyright your Material. Maximum benefits are obtained under United States copyright law by filing an application for Copyright Registration with the United States Copyright Office within three (3)

218 months of first publication of the images. Failure to register on time may render it economically impractical to pursue a copyright infringement case against others stealing your images. The Website, itself, can also be copyrighted. Make sure to include © information on each of your Web pages. Only Use Licensed Content. Do not steal images from other Websites or newsgroups. If you did not create it, or buy it, it belongs to someone else. Common notions of what is in the “public domain” are generally wrong. Pay Your Taxes, Keep Your Employees Happy and Over-comply with Government Regulations. Adult businesses are under a microscope. If the government is looking for a way to get you, it might find a way through technical non-compliance with a host of regulations or laws. As an adult webmaster, you cannot get away with what other businesses get away with. You will be held to a higher standard. Often clients come to the attention of law enforcement through complaints by ex-employees, customers or models who feel cheated. Maintain a high degree of personal integrity and business ethics. This may avoid substantial problems in the future. Create a Brand Name. Picking a name that is capable of registration as a trademark or service mark is important to the success of your business. Creating an online identity through a recognizable brand name is half the battle to long term success. Names like “hotblondbabes.com” are generally considered too descriptive for trademark registration. However, arbitrary, made-up names like “Yahoo!” or “Exxon” or “Polaroid,” which mean nothing in the English language, have the best chance of being registered as a trademark or service mark. Performing a trademark search prior to selecting your online brand name is also a good idea. Some legal advice on this issue early on can pay dividends into the future. Watch Your Links. Precedent has been established imposing vicarious liability on Webmasters for content contained on sites to which they link. Are you comfortable with the content found on all sites linked to your pages? This is especially important if you are in any sort of financial relationship, or obtain any sort of benefit for reciprocal linking. Take a Stand against Child Pornography. The enemies of the adult industry always attempt to mix concepts of protected adult materials

219 with illegal child pornography. We, as an industry, must at every turn attempt to reestablish that all important line of demarcation. Take an outspoken stand against any involvement by children with adult materials, either as participants or as audience. Link to organizations such as www.ASACP.org (Adult Sites Against Child Pornography). Become Politically Active. Join the industry’s trade organization such as the Free Speech Coalition, found at www.FreeSpeechCoalition.com, and the Internet Freedom Association, Inc. found at www.i-freedom.org. These organizations are looking out for the future of the industry, and are fighting for your rights on various fronts. The Internet Freedom Association is in the formative stages, and can use help in building a strong webmaster trade association looking out for the unique interests of the adult Internet industry. The Free Speech Coalition has litigated a number of important cases for the adult industry, and has been running for Free Speech rights for decade. The positions that these organizations take will affect the future of your industry. Get involved. Become a member, become a director, contribute and be active in your industry. It’s not a bad way to meet people in the industry either. Become an Expert on Obscenity Laws. Every adult webmaster should be able to recite the Miller test for obscenity from memory. Obviously you will need to obtain some advice from a competent First Amendment attorney to understand the intricacies of this law, and how it has been interpreted throughout the years by the courts. However, every adult webmaster should know the basics, along with some of the potential defenses. Obscenity prosecutions are coming, and the first wave has already begun. Two cases were filed by the Department of Justice in the last 6 months, based on Website content, and one individual has already been sentenced on a federal felony for mailing obscene materials available on her Website. Conventional wisdom dictates that this is just the very beginning of what will likely happen given Attorney General John Ashcroft’s stated intent to initiate obscenity prosecutions on a wide-scale against Internet content. You should learn the tricks of the trade when it comes to identifying potentially obscene material, and reducing your risks for being targeted by the government. Adult Webmasters should learn to develop a “smell test” to determine what might be considered obscene, based on prevailing community standards.

220 Secure Evidence of Your Community’s Standards. Does your local community allow the sale of hard core adult materials? Is there an adult bookstore or video store in your neighborhood? If you are charged six months from now for content you are selling today, how will you be able to prove what the community standards were when you were selling the material? Some courts allow introduction of “comparable” materials in the defense of an obscenity prosecution. It may benefit you to have somebody, who would make a good witness in court, go to the adult bookstores in your area and purchase the hardest adult material he or she can find, and put it in a sealed bag stapled with the receipt. That bag may come in handy some day. Mind Your Promotional Activities. Many adult webmasters are extremely careful when it comes to the content, but throw caution to the wind when it comes to marketing activities. Are your affiliates spamming the newsgroups, or sending out unsolicited emails? At least sixteen states have laws regulating the dissemination of unsolicited email (SPAM). Make sure your marketing activities do not cause more trouble than they’re worth. Translate your site. Don’t ignore the substantial foreign markets that are ready and willing to pay money for your content, if they could only read your text! Various online and human translation services are available to translate the text of your site into virtually any language. Identify those markets which will provide adult Webmasters with the best conversion rates, and translate your sites into those languages.

Ask for, and Listen to, Advice from Experienced Professionals. The adult Internet industry is one of the friendliest industries in existence. Experienced industry players are happy to take newbies under their wing as a mentor. Often newbies are either afraid to ask for advice, or believe that they don’t need it. Much can be learned from industry veterans who are often more than willing to share their experience learned from many mistakes.

CONCLUSION Taking some of these tips to heart will drastically reduce your learning curve and allow you to benefit from what

221 would otherwise be years of experience. Go forth, and prosper!

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 [email protected] or www.FirstAmendment.com.

AVOIDING LEGAL TRAPS FOR AMATEUR WEBMASTERS

By: Lawrence G. Walters Weston, Garrou & DeWitt www.FirstAmendment.com

Online amateur erotica has blossomed at an astounding rate in recent times. Many individuals with little or no experience in the adult entertainment industry are choosing to express their sexuality online for fun and profit. While amateur Websites can offer an interesting diversion for individuals and couples, and can generate significant profits, any involvement in the adult entertainment industry comes with some legal risk. This article will identify several common misconceptions and legal traps lying in wait for the unsuspecting, novice Webmaster. It goes without saying that neither this, nor any other legal article is a substitute for competent legal advice by an attorney with adult entertainment experience.

222 Myth #1

My content is legal so long as it goes no further than nudity or heterosexual contact. The way the obscenity laws are written, even nudity or heterosexual content can be declared obscene. The legality of your content is dependant on local community standards, which, in turn, are a function of which jurors happen to be selected for your trial. Obscenity is the only offense where you do not know if you are guilty until the jury renders its verdict. This author has defended such classic adult titles such as Deep Throat and Behind the Green Door against obscenity charges. The highly publicized obscenity case against Tammy Robinson, a.k.a. Becka Lynn (www.beckalynn.com) involved primarily nude images, with some “simulated” fellatio. While generally the government prosecutes more extreme, bizarre or fetish images for obscenity, most states allow for prosecution of works involving “lewd display of the genitals.” This could potentially encompass most amateur erotica available on the Web. The government must prove other elements before the jury can convict on obscenity charges, such as the fact that the work is patently offensive, appeals to prurient interest and has no literary, scientific, artistic or political value. However, it is not safe to assume that your content is immune from prosecution merely because it involves “simple” nudity or heterosexual content. Simply stated: There is no “safe harbor.” While very few obscenity prosecutions have been initiated against online content, all erotica is at risk for such charges. An attorney with a trained eye and years of obscenity law experience should review your content to help identify and reduce your legal risks in this area. Myth #2 Newsgroup images are in the public domain

Years ago, an urban legend began circulating around the Internet, leading Webmasters to believe that images could legally be obtained from newsgroups, without permission of the copyright holder, and posted on TGPs or other pay sites. Nothing could be further from the truth. The tried and true legal principle in this area is: “If you don’t own it, you can’t sell it.” This author has represented numerous small Webmasters against six figure damages claims by content providers

223 who identified copyrighted images on their Websites. Occasionally, these clients paid for licenses to the images from disreputable content distributors, only to find out later that the distributor did not have a proper license from the content producer, and therefore were liable for intellectual property infringement. This is serious business, and can bankrupt a small Webmaster, particularly given the legal fees associated with defending such a claim. The lesson here is that you should either produce your own content, or purchase content from a reputable content producer. Myth #3 Amateur Website businesses are too small for incorporation.

Another common misconception amongst the amateur Webmaster community is that amateurs need not bother with incorporation of their business, since their operation is too small. A corporation can provide valuable protection from liability regardless of the size of your operation. For example, when a corporation incurs debt, the individual shareholders and officers are not personally responsible for this debt. Also, if a corporation is sued for some sort of negligent conduct, only the corporation has to pay any judgment rendered in the case. Often, if debts or judgments exceed the net worth of the corporation, the corporate entity can file bankruptcy to extinguish those obligations without affecting the credit history of the individual officers and shareholders. All of that is also true for limited liability companies. Setting up a corporation or limited liability company is not terribly complicated, and minimal effort is required to keep either active. It is important to treat your corporation as a separate legal entity from yourself. This means that you must establish a separate bank account for the corporation, and avoid paying personal expenses with corporate funds. No Website is too small to consider incorporation. You should consult a CPA and an attorney about this as if you are running a real business.

Myth #4

The Records Keeping and Labeling Law only applies to big corporate adult Websites

224 Section 2257, of Title 18 to the United States Code, is a law which applies to the commercial dissemination of sexually explicit images, regardless of the size of the producer or distributor. Much has been written about compliance with Section 2257, and a detailed explanation is beyond the scope of this article. However, it is important for the amateur Webmaster to understand that the records compilation and disclosure requirements imposed by Section 2257 apply equally to the single model amateur site as they do to large corporate adult entertainment companies. Even if this federal law did not apply to your operation, it is important to comply with the records keeping obligations to ensure that; 1) all models appearing on the site are over the age of 18, and 2) you can prove this later if some law enforcement agency challenges this fact in the future.

Myth #5

I do not have to worry about the content on my links; everyone is responsible for their own content Linking is a common practice in the amateur industry. Linking can be a good source of revenue sharing and cross marketing. However, promoting another company’s, or individual’s Website through linking or banner exchange programs can result in additional potential liability. There is legal precedent for applying the criminal conspiracy laws to the practice of linking to illegal Website content. The most highly publicized of these cases is the federal “Landslide” prosecution against Mr. and Mrs. Reedy in Texas, for linking to child pornography. While the facts of that case were somewhat extreme, and knowledge of the content of the linked sites could readily be presumed by the advertisements found on the Reedy’s Website, it is always important to know whom you are linking to, and what kind of content is involved. This is particularly true in regards to the specific page to which your site is linked. In the Brick and Mortar world, you would not form a partnership with someone you did not know, or whose business practices were shady. The same principles apply in cyberspace. Just because a Website can deliver traffic does not mean it is always a good business opportunity. In particular, it is important to carefully investigate any sort of teen content, youth sites, rape fantasy content, or gambling affiliates. Myth #6

225 Amateurs don’t need attorneys

Many amateur Webmasters proceed without legal counsel. This can be a costly mistake. A single legal error can cost hundreds of thousands of dollars in attorneys fees should you find yourself involved in a lawsuit. Some legal errors can also lead to criminal liability. The profits available in the adult entertainment industry only exist because of the legal risks involved. If there were no legal risk, large public companies would get into the act. The adult video industry has recognized this for decades, and those companies often budget a significant percentage of their profits for legal expenses. The same is true with the adult cabaret industry. For whatever reason, the adult Internet industry has not yet globally accepted the necessity, and value of competent legal services from the very beginning. It may take some sweeping law enforcement actions against adult Webmasters, or simply a change in the corporate culture, before the majority of adult Webmasters retain legal counsel. However, you need not make the same mistake as many in the industry have, and obtain your legal information from your brother’s uncle’s roommate’s cousin who once hired an attorney. The same holds true for your CPA, insurance broker and other professionals.

Conclusion

There is no end in sight for the exploding amateur industry. Educating yourself regarding the legal issues applicable to your business is part of the due diligence associated with entering this field of endeavor. With the right information, you can enjoy your work and avoid unnecessary legal risks.

Lawrence G. Walters, Esquire is a partner with the law firm of Weston, Garrou & DeWitt, based in Los Angeles. Mr. Walters runs the firm’s Florida office, and represents clients involved in all aspects of adult media. Weston, Garrou & DeWitt 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 questions. You can reach Lawrence Walters at [email protected] or www.FirstAmendment.com

226 Lawrence G. Walters 407.788.7337 [email protected] www.FirstAmendment.com

RECORDS KEEPING COMPLIANCE CHECKLIST FOR EUROPEAN CONTENT PRODUCERS

By: Lawrence G. Walters Weston, Garrou & DeWitt www.FirstAmendment.com

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.

227 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

228 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 407.788.7337 [email protected] www.FirstAmendment.com

CANADA:

The CFR is a Canadian act which is to protect anyone under the age of 18 from being photographed in adult work, the act stated that the model must prove that she is 18 or older by providing a valid photo ID and it must be kept on file by the owner of the photographs.

The current legal framework in Canada

1. Prostitution (street prostitution, escort services, massage parlors and bawdy houses)

The act of prostitution, that is the exchange of sexual favors for money, is not and never has been illegal in Canada; or is legal in Canada Currently, the Criminal Code makes illegal many of the activities which relate to prostitution, such as: communicating in a public place for the purposes of prostitution (s. 213c);

229 providing directions, taking or showing someone to a common bawdy house (s.211); procuring (to obtain for another, a person for sexual services) (s.212); living on the avails (benefits) of prostitution (s212) In 1985, the Special Committee on Pornography and Prostitution (the Fraser Committee), recommended partial decriminalization of the activities related to prostitution involving adults (safe for the provisions on exploitation) and its regulation at the municipal level. None of the Committee’s recommendations were adopted by Parliament. Bill C-49: Instead, the Minister of Justice introduced amendments (Bill C-49) to the Criminal Code to further strengthen the provisions against street prostitution. The goals of Bill C-49, adopted by Parliament in December 1985, were to (1) reduce the level of street prostitution; (2) treat the clients in the same manner as prostitutes; and (3) facilitate police investigations into prostitution. an evaluation clause was included in the Bill, providing for its mandatory review after three years or operation. The results of this evaluation are presented in Technical note # 3. Municipalities cannot, at present, regulate prostitution related activities since they would then infringe on the exclusive powers of the federal government over criminal matters (as confirmed by the Supreme Court of Canada decision in Westendorp v. the Queen, 1983). In the same vein, regulatory schemes could likely not criminalize prostitution indirectly.

Sources:

Achilles, R., (1995) The Regulation of Prostitution, Report prepared for the Toronto City Board of Health, April 14, 1995.

Canada (1995) Pornography and Prostitution in Canada, Ottawa: Supply and Services, 2 vols.

Maggie’s (1995) Trick of Trap? Toronto: The Toronto Prostitutes’ Community Services Project.

230 Maggie’s (1995) No Bawdy’s Business. (see above)

2. Nude dancing:

Not illegal unless there is contact between dancer and client, which then becomes an indecent act under the Criminal Code. However, there is some degree of uncertainty at this time as to whether this type of contact is illegal until the Supreme Court renders judgment in several pending cases. Under the “obscenity” provisions of the Criminal Code, nude dancing has been considered not illegal because it does not exceed the community standards of tolerance. Municipalities can regulate behavior of dancers and customers through the Liquor Control Acts and municipal regulations. Some attempts to regulate exterior signs (eg. in Montreal) have been ruled to contravene the Canadian Charter of Rights and Freedoms.

3. Pornography

At the federal level: When considering the production of pornography, there are no specific laws governing filmmaking or nude modeling for magazines, except where general provision of the Criminal Code apply (e.g., indecent acts if nudity in public, assault, etc.). Other federal laws governing Customs, Canada Post and broadcasting and telecommunications can be used to control the distribution of pornography. The provincial film control boards have powers over the manner of distribution of films, film censorship (of parts considered obscene), and the classification of films. Municipal by-laws can be used to control the display of magazines to a certain degree.

(For further information, see: Fraser Committee Report, Canada (1985))

4. Telephone and other electronic erotic services

231 There is little control, at present, over these services, since telephones and computer lines are generally considered to be part of the private domain.

The definition of pornography is notoriously difficult, even though most people in our society have some sense of what the word means for them. For purposes of discussion (but not the law), Canada’s Special Committee on Pornography and Prostitution (the Fraser Committee) proposed that: “... a work is pornographic if it combines the two features of explicit sexual representations (content) and an apparent or purported intention to arouse its audience sexually” (Government of Canada, 1985: 53-54). Canadian criminal law does not define pornography but is concerned instead with obscenity and child pornography. Section 163 of the Criminal Code states that “any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty, and violence, shall be deemed to be obscene”. Section 163.1, proclaimed August 1, 1993, pertains to representations of “a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity”. With respect to obscenity, distribution is an offence but not possession. With regard to child pornography, production, distribution and possession are all indictable offences.

There are many sexually explicit materials which most people would not regard as pornographic þ medical documents such as sex therapy manuals, psychiatric case studies, and gynecology text books and so on. Many other sexually explicit materials, perhaps the largest portion, are legal—even though they are referred to as “pornography” in everyday speech. Pornographic material becomes illegal only when it falls under the provisions for obscenity or child pornography. In line with the widely accepted sense of “pornography” the legal notion of “obscenity” pertains to sexually explicit works. However, for a book, magazine, or video to be obscene the exploitation of sex in that work must not only be a dominant characteristic but such exploitation must be “undue”. With the decision in the 1992 case of R. v. Butler, the Canadian Supreme Court clarified this notion of the “undue exploitation of sex”:

232 ... the portrayal of sex coupled with violence will almost always constitute the undue exploitation of sex. Explicit sex which is degrading or dehumanizing may be undue if the risk of harm is substantial. Finally, explicit sex that is not violent and neither degrading nor dehumanizing is generally tolerated in our society and will not qualify as the undue exploitation of sex unless it employs children in its production. If material is not obscene under this framework, it does not become so by reason of the person to whom it is or may be shown or exposed nor by reason of the place or manner in which it is shown. ([1992] 1 S.C.R., 485)

The determination that “Explicit sex that is not violent and neither degrading nor dehumanizing is generally tolerated in our society and will not qualify as the undue exploitation of sex” indicates that much of what could be called pornography is perfectly legal in Canada.

The Ottawa-based company XTC-COM operates Exxxtasy TV, a hard-core pornographic video transmission delivered via satellite. XTC-COM initially intended to offer two kinds of service: (1) a scrambled service to bars, clubs and similar public establishments in Canada; and (2) a Direct-To- Home (DTH) scrambled satellite service. However, they were advised in November 1993 by the CRTC that a license was required for a Canadian DTH service. An article in The Ottawa Citizen states:

From its suburban offices not far from the Herongate Mall, it [XTC- COM] serves 18,000 subscribers across the U.S. Clients pay as much as $220 U.S. per year for eight hours a day of triple-X-rated videos... Exxxtasy TV has also been sold to nine strip clubs across Canada, says its general manager, Richard Latham, but “99.9 per cent of our business is in the U.S.” (Atherton; January 31, 1994)

This document was produced by Forum 128 and funded by CLGRO (the Coalition for Lesbian and Gay Rights in Ontario.) Forum 128 is a national research project into the Canadian sex panic and can be contacted via CLGRO, Box 822, Station A, Toronto M5W 1G3.

233 October 1993

Clarification of the US Title 18 law: Model Releases, and License Agreements (the text of the actual law follows)

All adult webmasters at some point must deal with these three documents, but what exactly are they and do you need them? There seems to be some mass confusion over these documents and just what is needed when purchasing content and producing it. The following should clear up once and for all what each of these documents are, who is required by law to have and/or maintain them, and what you as a content producer or consumer should be doing with these documents.

U.S.C.Title 18 Section 2257 - Who the Law Applies to

Title 18 is a US code referring to Crimes and Criminal Procedure. Section 2257, which is what you as an adult webmaster may hear about, is the section of this code regarding record keeping for those who ‘produces any book, magazine, periodical, film, videotape, or other matter’ which: (1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and

(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce.

234 This means if you personally produce any material where the models are engaging in sexually explicit conduct (intercourse, oral sex, penetration) AND that material was shipped from another country before final production, or you intend to ship it to another country after production then the law applies to you.

This is a US law and if you are outside the US it does not apply to you.

U.S.C. Title 18 Section 2257- What Records Must Be Kept

If the above applies to you then according the law you must:

(1) ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;

(2) ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name

You must record the information listed in 1 and 2 above for each performer that is involved in actual sexually explicit conduct and maintain the records at your place of business for inspection by the US attorney general at all reasonable times.

U.S. C. Title 18 Section 2257- Further Requirements

Besides maintaining the records required above, you must also attach a statement to all copies of the material that you produce. The law requires that the statement attached must say ‘ where the records required by this section with

235 respect to all performers depicted in that copy of the matter may be located’. Your statement may look like this:

Title 18 records are held on file at:

Jeff Davis 2703 Vermont Street, San Diego, CA 46933

If you are an organization producing content to which this section applies, you must appoint a record keeper, whose name and title appear in your statement:

Title 18 records are held on file at:

Jeff Davis Custodian Of Records 2703 Vermont Street, San Diego, CA 46933

Title 18 Section 2257- Who The Law Does Not Apply To

There are many adult webmasters who have not read the actual law for themselves and have only gathered information from other sites or co-workers and are concerned that in purchasing adult content the Title 18 code somehow applies to them. The law explicitly states in subsection 8(3): the term “produces” means to produce, manufacture, or publish any book, magazine, periodical, film, video tape or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted

This means that if you were not involved in the hiring, contracting, or arrangement of the models and the photo shoot, the law does not apply to you.

Rules & Regs: The Law!

236 USA: This is the actual law:

TITLE 18, PART I, CHAPTER 110, Sec. 2257 Sec. 2257. - Record keeping requirements

(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter which - (1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and (2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. (b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct - (1) ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations; (2) ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and (3)

237 record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation.

© Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times. (d)

(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law. (2) Paragraph (1) of this subsection shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this section or for a violation of any applicable provision of law with respect to the furnishing of false information. (e)

(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. (2)

238 If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section. (f) It shall be unlawful - (1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section; (2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) of this section or any regulation promulgated under this section; (3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection; and (4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produce in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, which - (A) contains one or more visual depictions made after the effective date of this subsection of actual sexually explicit conduct; and (B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;

239 which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept. (g) The Attorney General shall issue appropriate regulations to carry out this section. (h) As used in this section - (1) the term “actual sexually explicit conduct” means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256 of this title; (2) “identification document” has the meaning given that term in section 1028(d) of this title; (3) the term “produces” means to produce, manufacture, or publish any book, magazine, periodical, film, video tape or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted; and (4) the term “performer” includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct. (i) Whoever violates this section shall be imprisoned for not more than 2 years, and fined in accordance with the provisions of this title, or both. Whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any

240 period of years not more than 5 years but not less than 2 years, and fined in accordance with the provisions of this title, or both

Sec. 2258. - Failure to report child abuse

A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be guilty of a Class B misdemeanor

Sec. 2259. - Mandatory restitution

(a) In General. - Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. (b) Scope and Nature of Order. -

(1) Directions. - The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2). (2) Enforcement. - An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A. (3) Definition. -

241 For purposes of this subsection, the term “full amount of the victim’s losses” includes any costs incurred by the victim for - (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; © necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys’ fees, as well as other costs incurred; and (F) any other losses suffered by the victim as a proximate result of the offense. (4) Order mandatory. -

(A) The issuance of a restitution order under this section is mandatory. (B) A court may not decline to issue an order under this section because of - (i) the economic circumstances of the defendant; or (ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. © Definition. -

242 For purposes of this section, the term “victim” means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian. Sec. 2260. - Production of sexually explicit depictions of a minor for importation into the United States

(a) Use of Minor. - A person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that the visual depiction will be imported into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection ©. (b) Use of Visual Depiction. - A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the United States, shall be punished as provided in subsection ©. © Penalties. - A person who violates subsection (a) or (b), or conspires or attempts to do so - (1) shall be fined under this title, imprisoned not more than 10 years, or both; and (2)

243 if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both

Amended Section as of June 2005:

DEPARTMENT OF JUSTICE 28 CFR Part 75 [Docket No. CRM 103; AG Order No. 2765-2005] RIN 1105-AB05

Inspection of Records Relating to Depiction of Sexually Explicit Performances AGENCY: Department of Justice ACTION: Final rule.

SUMMARY: This rule amends the record-keeping and inspection requirements of 28 CFR part 75 to bring the regulations up to date with current law, to improve understanding of the regulatory system, and to make the inspection process effective for the purposes set by Congress in enacting the Child Protection and Obscenity Enforcement [[Page 29608]] Act of 1988, as amended, relating to the sexual exploitation and other abuse of children. DATES: This final rule is effective June 23, 2005. FOR FURTHER INFORMATION CONTACT: Andrew Oosterbaan, Chief, Child Exploitation and Obscenity section, Criminal Division, United States Department of Justice, Washington, DC 20530; (202) 514-5780. This is not a toll-free number. SUPPLEMENTARY INFORMATION: Background On June 25, 2004, the Department of Justice published a proposed

244 rule in the Federal Register at 69 FR 35547, to update the regulations implementing the record-keeping requirements of the Child Protection and Obscenity Enforcement Act of 1988. The proposed rule updated those regulations to account for changes in technology, particularly the Internet, and to implement the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act of 2003, Pub. L. 108-21, 117 Stat. 650 (April 30, 2003) (“2003 Amendments”). The statute requires producers of sexually explicit matter to maintain certain records concerning the performers to assist in monitoring the industry. See 18 U.S.C. 2257. The statute requires the producers of such matter to “ascertain, by examination of an identification document containing such information, the performer’s name and date of birth,” to “ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name,” and to record this information. 18 U.S.C. 2257(b). Violations of these record-keeping requirements are criminal offenses punishable by imprisonment for not more than five years for a first offense and not more than ten years for subsequent offenses. See 18 U.S.C. 2257(i). These provisions supplement the federal statutory provisions criminalizing the production and distribution of materials visually depicting minors engaged in sexually explicit conduct. See 18 U.S.C. 2251, 2252. The record-keeping requirements apply to “[w]hoever produces” the material in question. 18 U.S.C. 2257(a). The statute defines “produces” as “to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer-generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for[,] managing, or otherwise arranging for the participation of the performers depicted.” 18 U.S.C. 2257(h)(3). The Attorney General, under 18 U.S.C. 2257(g), issued regulations implementing the record-keeping requirements on April 24, 1992. See 57

245 FR 15017 (1992); 28 CFR 75. In addition to the record-keeping requirements specifically discussed in section 2257, the regulations require producers to retain copies of the performers’ identification documents, to cross-index the records by “[a]ll names(s) of each performer, including any alias, maiden name, nickname, stage name or professional name of the performer; and according to the title, number, or other similar identifier of each book, magazine, periodical, film, videotape, or other matter,” and to maintain the records for a specified period of time. 28 CFR 75.2(a)(1), 75.3, 75.4. Most recently, in 2003, Congress made extensive amendments to the child exploitation statutory scheme based on detailed legislative findings, which the Department adopts as grounds for proposing this rule. See 2003 Amendments. The Department agrees with each of these findings, and hereby amends the regulations in 28 CFR part 75 to comport with these specific findings. As explained more fully below, the rules implement a more detailed inspection system to ensure that children are not used as performers in sexually explicit depictions. Need for the Rule Recent federal statutory enactments and judicial interpretations have highlighted the urgency of protecting children against sexual exploitation and, consequently, the need for more specific and clear regulations detailing the records and inspection process for sexually explicit materials to assure the accurate identity and age of performers. The identity of every performer is critical to determining and assuring that no performer is a minor. The key Congressional concern, evidenced by the child exploitation statutory scheme, was that all such performers be verifiably not minors, i.e. not younger than 18. 28 U.S.C. 2256(1), 2257(b)(1). Minors—children—warrant a special concern by Congress for several reasons as discussed more specifically in relation to the inspection process. Children themselves are incapable of giving voluntary and knowing consent to perform or to enter into contracts to perform. In addition, children often are involuntarily

246 forced to engage in sexually explicit conduct. For these reasons, visual depictions of sexually explicit conduct that involve persons under the age of 18 constitute unlawful child pornography. This rule provides greater details for the record-keeping and inspection process in order to ensure that minors are not used as performers in sexually explicit depictions. The rule does not restrict in any way the content of the underlying depictions other than by clarifying the labeling on and record-keeping requirements pertaining to, that underlying depiction. Cf. 27 CFR 16.21 (alcoholic beverage health warning statement; mandatory label information). However, compliance with the record-keeping requirements of this part has no bearing on the legality or illegality of the underlying sexually explicit material. Moreover, the growth of Internet facilities in the past five years, and the proliferation of pornography on Internet computer sites or services, requires that the regulations be updated. In the rule, a number of definitions are revised to facilitate the application of the rule to the modern modes of communication. Response to Public Comments on the Proposed Rule The Department of Justice published the proposed rule on June 25, 2004, and comments were due to the Department on or before August 24, 2004. The following discussion responds to comments received from the public and explains why the Department either adopted changes or declined to adopt changes to the proposed rule in response to the comments. Many commenters commented on identical issues, and as a result, the number of comments exceeds the number of issues addressed below. Commenters addressed issues that can be separated into five general categories: General Legal Issues; Vagueness/Overbreadth Issues; Burdensomeness; Privacy Concerns; and Miscellaneous Issues. General Legal Issues Four commenters commented that the proposed rule encroached on adult citizens’ constitutional right to view pornography under the guise of protecting children from exploitation. The Department disagrees with this comment. The final rule does not impinge upon the

247 constitutionally protected right to free speech. This claim was fully litigated following enactment of the statute and the publication of the first version of the section 2257 regulations. The D.C. Circuit, while invalidating certain [[Page 29609]] provisions of the regulations, held in American Library Ass’n v. Reno, 33 F.3d 78 (D.C. Cir.1994), that the statute and its implementing regulations were content-neutral measures that served the compelling state interest in protecting children and were therefore “constitutional as they apply to the vast majority of the materials affected by them, namely, the commercially produced books, magazines, films, and videotapes that cater to “adult” tastes.” Id. at 94. Citing the Tenth Circuit’s holding in Sundance Assoc., Inc. v. Reno, 139 F.3d 804 (10th Cir.1998), several commenters commented that the rule’s application to secondary producers exceeds the Department’s statutory authority. Furthermore, the commenters claimed that application of the rule to secondary producers as defined by the rule would have an unconstitutionally burdensome and chilling effect, and four commenters noted that small businesses would be particularly burdened with regard to maintaining segregated records, copies of depictions, and cross-indexed records. In Sundance, the court held that the statutory definition of producer did not distinguish between primary and secondary producers and entirely exempted from the record- keeping requirements those who merely distribute or those whose activity “does not involve hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted.” 18 U.S.C. 2257(h)(3). In contrast, the D.C. Circuit in American Library Ass’n v. Reno implicitly accepted that the distinction between primary and secondary producers was valid. The D.C. Circuit there held that the requirement that secondary producers maintain records was not a constitutionally impermissible burden on protected speech, particularly since secondary producers can comply by maintaining copies of the

248 records of the primary producers, an option permitted by this rule. In so holding, the court implicitly considered the distinction between primary and secondary producers to be legitimate. Consistent with the D.C. Circuit’s holding, which the Department believes reflects the correct view of the law, the Department declines to adopt these comments. For the same reason, the Department declines to adopt the comment of four commenters that the exclusions to the definition of producer in Sec. 75.1©(4)(iii) eliminate the reference to primary and secondary producers contained in Sec. 75.1©(1)-(2). More specifically, two commenters commented that the expanded definition of producer to include any person who creates a computer- generated image is contrary to the ruling in Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), which permits restrictions only on those who produce depictions of actual persons. The commenters claimed, too, that the provision is contradictory in that it covers computer- generated images while limiting its coverage to “depiction[s] of actual sexually explicit conduct.” 28 CFR 75.1©(1)-(2). Thus, the commenters argued, all statutory references to computer-generated images and depictions not involving possible child abuse to actual children in their creation should be removed. The Department notes that the Supreme Court in Ashcroft v. Free Speech Coalition determined that virtual child pornography could not be constitutionally prohibited under that statute, which did not require that the material be either obscene or the product of sexual abuse. The ruling does not, however, restrict the government’s ability to ensure that performers in sexually explicit depictions are not in fact children. Nevertheless, the Department has made a slight change to the final rule in response to these comments by clarifying that the rule applies to those who digitally manipulate images of actual human beings but not to those who generate computer images that do not depict actual human beings (e.g., cartoons). Thirty-three commenters commented that the rule included an

249 improper starting date from which records must be maintained. These commenters claimed that the Department previously stated, in accordance with the court’s order in American Library Ass’n v. Reno, Civil Action No. 91-0394 (SSS) (D.D.C. July 28, 1995), that July 3, 1995, was the effective date for enforcement of section 2257. Nevertheless, the commenters said, Sec. Sec. 75.2(a), 75.6, and 75.7(a)(1) of the proposed rule refer to November 1, 1990, and Sec. Sec. 75.2(a)(1) and (2), 75.6, and 75.7(a)(1) refer to May 26, 1992. The commenters argued that the effective dates of the regulation should be changed to be consistent with the Department’s representations or, in the alternative, made purely prospective in order to provide producers a chance to comply. Further, they argued, no obligations should be imposed concerning images made prior to the effective date. Based on the Department’s decision not to appeal American Library Ass’n v. Reno and its representation regarding the effective date of the regulation to non-parties to American Library Ass’n v. Reno, the Department has amended the proposed rule and in the final rule makes July 3, 1995, the effective date of the regulation and imposes no obligations on producers concerning sexually explicit depictions manufactured prior to that effective date. Several commenters commented that the provision permitting seizure of records is unconstitutionally broad, could lead to prior restraint, and does not define what specific materials may be seized. The Department declines to adopt this comment. The Department notes that the regulatory and inspection scheme outlined in the final rule is a constitutional exercise of government power and, therefore, the presence of a law enforcement officer on the premises of the entity being inspected is authorized. In such a case, evidence of a crime may be seized by a law enforcement officer under the plain-view exception to the Fourth Amendment warrant requirement, and the materials seized do not need to be specifically described in the regulation that authorized the inspection. Four commenters objected to the inclusion in the definition of

250 producer of parent organizations and subsidiaries of producers, claiming it was beyond the Department’s statutory authority, did not specify which entities must comply with the statute, overrode state laws on business associations, and violated the principles of Sundance Assoc., Inc. v. Reno. While not confirming the validity of, or adopting, the specific objections of the commenters, the Department has eliminated the inclusion of parent and subsidiary organizations in the definition of producer. Citing American Library Ass’n v. Reno, three commenters claimed that the proposed rule’s requirement to ascertain performers’ aliases appeared to impose an obligation on the producer to verify all aliases, whereas, according to them, American Library Ass’n v. Reno requires only that the producer obtain the aliases from performers themselves. Three commentators claimed that the proposed rule’s requirement that information in the label be accurate as of the date on which material is sold violates American Library Ass’n v. Reno, which required accuracy on the date the material was produced or reproduced. The Department, having reviewed American Library Ass’n v. Reno, agrees with the commenters that minor changes should be made to the proposed rule for publication as a final rule in order to comply with the D.C. Circuit’s decision. The final rule clarifies that the producers may rely on the representations regarding aliases that [[Page 29610]] performers make and are not obligated to investigate further. In addition, the final rule requires that information in the label be accurate as of the date the material is produced or reproduced. The Department rejects, however, two commenters’ claims that the Department does not have authority to require a date on the label in the first instance. Although section 2257 does not explicitly require a date on the label, the Attorney General has the statutory authority to issue appropriate regulations to implement the section and has determined that the purposes of the section cannot be accomplished without such a date. There would be no way to determine whether a performer is underage without knowing the date that the material was produced or reproduced. Two commenters commented that the proposed rule did not exempt

251 printers, film processors, and video duplicators from the definition of producer, as required by American Library Ass’n v. Reno. The Department adopts this comment, and the final rule provides such an exemption. One commenter commented that section 2257 was restricted to producers of sexually explicit material that was produced with materials that had traveled in interstate or foreign commerce or was intended to be shipped, or was in fact shipped, in interstate or foreign commerce, while the proposed rule applied to “[a]ny producer” of any sexually explicit depiction with no such limitation. The Department agrees that the regulation needs to contain the same federal jurisdictional nexus as the statute. The Department has therefore accordingly amended the proposed rule so that the final rule contains a limitation such that it applies only to producers of material that was produced with materials that had traveled in interstate or foreign commerce or was intended to be shipped, or was in fact shipped, in interstate or foreign commerce. One commenter commented that protecting children could be accomplished by requiring a credit card to access a pornographic website. The commenter apparently erroneously confused this regulation, which is designed to protect children from being exploited as performers, with protecting children from viewing pornography, which is the subject of other statutes and regulations. No change is being made in response to this comment. Vagueness/Overbreadth Thirty-two commenters commented that the definitions of URL and URL associated with the depiction are vague. According to the commenters, it is not clear what constitutes a copy of a Web page, which may be constantly changing, for purposes of maintaining a copy of the depiction. The commenters claim that some sites may use technologies that may not even use a URL for downloading a picture (e.g., peer-to- peer systems, telephonic bulletin boards, and other technologies).

252 Furthermore, they claim, requiring the use of certain technologies to comply with the statute presents a situation in which unconstitutional restrictions are placed upon the manner and media in which content is presented. The Department declines to adopt this comment with regard to the concern that web pages are constantly changing. It is for this very reason that the proposed rule required producers to maintain copies of every iteration of a web page in order to create a record of which performers were featured over the course of time. The Department adopts this comment insofar as it notes that some sites do not utilize URLs for downloading, and will modify the rule to require records of the URL or, if no URL is associated with the depiction, another uniquely identifying reference associated with the location of the depiction on the Internet. In addition, thirty-three commenters commented that it is unclear whether the term copy in the rule refers to only digital images, computer-generated images, and web cam images, or whether there must be a copy of the image that was in the magazine and film in the records, as well. The Department has amended the rule to clarify that there must be copy of any and every depiction, whether digital, computer- generated, print in a magazine, or on film. Maintaining copies of each depiction is critical to making the inspection process meaningful, whether those copies be in digital, paper, or videotape format. Reviewing identification records in a vacuum would be meaningless without being able to cross-reference the depictions, and having the depictions on hand is necessary to determine whether in fact age- verification files are being maintained for each performer in a given depiction. In addition, without the depictions, inspectors could not confirm that each book, magazine, periodical, film, videotape or other matter has affixed to it a statement describing the location of the records, as required by the existing regulations. Twenty-four commenters commented that the exclusion of providers of web-hosting services who do not manage the content of the site or

253 service is vague and may be under-inclusive because some services manage or control certain website content, e.g., advertisements, but not the sexually explicit content. According to the commenters, it is similarly unclear whether editing content only for copyright infringement purposes would constitute control of content. The Department adopts this comment. The exclusion of providers of web- hosting services who reasonably cannot manage the content of the site will be clarified to exclude providers of web-hosting services who reasonably cannot manage the sexually explicit content of the site (for either technical or contractual reasons). Three commenters also commented that the definition of secondary producers as those who “manage content” on a computer site could be construed to include those who operate posting services such as Usenet, bulletin boards, and other similar services. According to those commenters, someone who removes illegal material such as child pornography could thereby submit themselves to the requirements of Part 75, while if that person did not remove such material, the person would be liable to prosecution for hosting child pornography. The Department declines to adopt this comment. Operators of such sites are obligated by law to remove child pornography from their sites and to report the attempt to post such pornography to law enforcement. Compliance with that legal obligation could not be construed as converting the operator into a producer of pornography for purposes of section 2257 and this regulation. Five commenters commented that the definitions of producer and secondary producer would encompass on-line distributors of pornography who digitize the covers of videos, DVDs, and magazines but are not involved in the actual production of the material. One of these commenters also claimed that the definition of producer should be changed to allow on-line distributors to rely upon records provided to

254 them by the immediately preceding secondary producer, in accordance with the Department’s representation to the court in American Library Ass’n v. Reno. The Department declines to adopt these comments. The definition of producer is of necessity broad enough to encompass those who digitize images—even for distribution purposes—because in so doing, a new sexually explicit depiction is created. The Department has determined that it is not possible to change the definition in such a way as to exclude distributors while not also creating an unacceptable loophole in the coverage of the regulation. This [[Page 29611]] definition does not alter the Department’s representation to the court in American Library Ass’n v. Reno, and it remains true that a secondary producer not in privity with the primary producer may rely upon records provided to it by the immediately preceding secondary producer. However, on-line distributors who digitize depictions on the covers of videos, DVDs, magazines, and other material such that new depictions are created and displayed on the Internet are covered by the definition of producer and must maintain the required records. Three commenters commented that it is unclear whether the requirement that the statement include date of production, manufacturing, publication, duplication, reproduction, or re-issuance must include all of the listed events or only one. In addition, according to these commenters, the only relevant date for the statute’s purposes is the date of creation, i.e., the date the actual live event was depicted. Finally, claimed these commenters, the term date of production is also vague in that it is not clear how a producer should date a film made over several days. The Department declines to adopt this comment. Given the statute’s purpose of protecting minors against

255 sexual exploitation, with respect to primary producers, clearly the date of production is the most pertinent because it will reflect the youngest age of the performer involved. Secondary producers should list whichever date or dates are relevant to their conduct. Moreover, this requirement already existed before the proposed rule was published, and therefore, this comment does not pertain to the proposed rule. See 28 CFR 75.6(a)(2) (2003). Two commenters commented that the definition of picture identification card is vague, in particular because it does not include documents issued by a foreign government but does include as an example a foreign passport. In response to these comments, the Department has clarified that the definition includes a foreign government-issued passport or any other document issued by a foreign government or a political subdivision thereof only when both the person who is the subject of the picture identification card and the producer maintaining the required records are located outside the United States. The definition also clarifies that it includes a U.S. government-issued Permanent Resident Card (commonly known as a “Green Card”) or other U.S. government-issued Employment Authorization Document. Two commenters commented that the proposed rule did not define qualifications for, or process for authorization of, inspectors. The Department declines to adopt this comment. Through 18 U.S.C. 2257 Congress has authorized the Attorney General to inspect records, and the Attorney General may delegate this authority to any agency deemed appropriate by virtue of the Attorney General’s delegation authority under 28 U.S.C. 510. One commenter commented that the inclusion in the definition of secondary producer of anyone who “enters into a contract, agreement, or conspiracy” to produce a sexually explicit depiction was irrational because such a person was not likely to have had a relationship with the performer and may not have had knowledge of the content of the

256 depiction. The Department declines to adopt this comment. The statute contemplates such relationships as being covered by its requirements. One commenter commented that the definition of a primary producer as anyone who “digitizes an image” could be read to include anyone who scans or digitizes a photograph or negative. The commenter suggested that someone who performs that activity should be exempted from the record-keeping requirements in the same way that photo processors are exempt under Sec. 75.1©(4)(i). The Department adopts this comment and has clarified in the final rule that someone who solely digitizes a pre-existing photograph or negative as part of a commercial enterprise and has no other commercial interest in the production, reproduction, sale, distribution, or other transfer of the sexually explicit depiction is exempt from the requirements of Sec. 75. As reflected in the phrase “has no other commercial interest in the production, reproduction, sale, distribution, or other transfer of the sexually explicit depiction,” this definition is intended to apply to businesses that are analogous to photo processors in their lack of commercial interest in the sexually explicit material, and who are separate and distinct from the on-line distributors of pornography who digitize the covers of videos, DVDs, etc., who are included in the definition of secondary producer, as discussed above. One commenter commented that the requirement regarding the placement of the statement in films and videotapes in Sec. 75.8 was unclear as to whether the statement was required in the “end credits,” “end titles,” or “final credits” and what constituted those sections of the film. The commenter also suggested that Sec. 75.8(b) and (c) be combined more easily to describe the placement of the statement. The Department adopts this comment. It has combined Sec. 75.8(b) and (c) and clarified that the statement must appear in the end credits of films and videotapes that have such end credits, which are defined as the section of the film that lists information about the production, direction, distribution, names of performers, or any other matter that is normally understood as constituting “end credits” of a commercial film or videotape. One commenter commented that the definition of sell, distribute,

257 redistribute, and re-release in Sec. 75.1(d) is redundant because it restricts the terms to their commercial meaning but then notes that the terms do not apply to noncommercial or educational distribution. In addition, the commenter comments, it provides examples of the type of education institutions whose distributions would not be covered. According to the commenter, this list is also redundant. The Department declines to adopt this comment. The definition’s plain language is not redundant; rather, it is as specific as possible regarding what is commercial and what is noncommercial. In addition, the examples clearly constitute a non-exhaustive list of institutions and clarify the meaning of the term noncommercial. One commenter commented that the rule should define the term transfer, as used in section 2257, in order to, e.g., specify whether the statement is required if a husband mails to his wife a sexually explicit videotape depicting the couple engaged in consensual sexual activity. The Department declines to adopt this comment. The Department believes that the definition of sell, distribute, redistribute, and re- release in Sec. 75.1(d) subsumes the statute’s use of the term transfer, which is not used in the proposed or final rule in a way requiring definition. In addition, the definition in Sec. 75.1(d) makes clear that only commercial transfers are covered and the hypothetical transfer that the commenter posits would by the plain meaning of the rule never be covered. One commenter commented that the requirement that the statement appear on the home page of a Web site is vague because many web sites operate with subdomains, making the actual homepage or principal URL difficult to identify. The Department declines to adopt this comment. Subdomains, as the name implies, are URLs that share the top-level domain name’s basic URL and have additional identifying address information to provide additional content on a separate Web page. Each subdomain thus has its own homepage [[Page 29612]]

258 and each homepage must feature the statement. For example, http://www.usdoj.gov is the full domain name of the Web site of the Department of Justice. http://www.usdoj.gov/criminal is the Web page of the Criminal Division, which is hosted by the Department’s Web site. Under this rule, http://www.usdoj.gov would be required to have a statement and that statement would cover anything contained on http://www.usdoj.gov/criminal. However, http://www.ojp.usdoj.gov is a subdomain of the full domain http://www.usdoj.gov and would be required to have its own statement on that page, which would then cover any material on a Web page linked to it, such as http://www.ojp.usdoj.gov/ovc/ , the Web page of the Office for Victims of Crime. One commenter commented that the exception under Sec. 75.1©(4)(iv-v) for Web hosting, electronic communication, and remote computing services should be extended to 18 U.S.C. 2257(f)(4). Providers of Web hosting, bulletin boards, or electronic mail services could be found liable for not ascertaining that the appropriate label was affixed to a depiction transferred by one of their users. The Department declines to adopt this comment, which would require an amendment to the statute and is beyond the authority of the Department to change by regulation. Moreover, the Department notes that 18 U.S.C. 2257(f)(4) makes it a crime for a person “knowingly to sell or otherwise transfer” any sexually explicit material that does not have a statement affixed describing the location of the records. Thus, knowledge on the part of the transferor is an element of the offense. One commenter commented that the proposed rule’s record-keeping requirements were troublesome in light of the 2003 amendment to section 2257(d), which authorizes the use of such records as evidence in prosecuting obscenity or child pornography cases. According to the commenter, this violates the Fifth Amendment right against mandatory

259 self-incrimination. The Department declines to adopt this comment, for two reasons. First, the comment is not directly related to the rule but rather is directed at the statute. Second, the amendment to section 2257(d) does not violate the Fifth Amendment since some sexually explicit materials are protected speech and not obscene. Hence, the reporting requirement is not directed at “a highly selective group inherently suspect of criminal activities.” Albertson v. Subversive Activities Control Bd., 382 U.S. 70, 79 (1965). One commenter commented that the definition of producer is too broad, such that one depiction may have multiple primary producers, including, e.g., the photographer and a different individual who digitizes the image. The commenter argued that the definition should be written so that each depiction has only one primary producer. The Department declines to adopt this comment. The Department does not believe that logic, practicability of record-keeping or inspections, or the statue dictates that there be one and only one primary producer for any individual sexually explicit depiction. Any of the persons defined as primary producers has easy access to the performers and their identification documents and should therefore each have responsibility individually and separately of maintaining the records of those documents. Two commenters commented that the definition of producer in the proposed rule was too broad and would encompass a convenience store that sold sexually explicit magazines or a movie theater that screened R-rated movies. The Department declines to adopt this comment. As the rule makes clear, mere distributors of sexually explicit material are excluded from the definition of producers and under no plausible construction of the definition would a movie theater be covered merely by screening films produced by others. One commenter commented that it was not clear in the proposed rule whether, in cases in which it is discovered that a performer is

260 underage, the possessors of those images are required to destroy copies of images required in the records in order to comply with the child pornography laws. The Department declines to adopt this comment because existing statutes make clear that it is unlawful knowingly to produce, advertise, distribute, transport, receive, or possess child pornography. See 18 U.S.C. 2251, 2252, and 2252A. Producers, like all citizens, must comply with those statutes. Nothing in the rule changes or obscures these existing legal obligations. Furthermore, there is a good-faith defense to possession of child pornography for the destruction or reporting to law enforcement of its existence. See 18 U.S.C. 1466A(e). Burdensomeness Thirty-six commenters commented that even if the effective date were changed to July 3, 1995, the regulation would be overly burdensome on secondary producers because producers would be required to obtain records for thousands—even hundreds of thousands—of sexually explicit depictions dating back a number of years. These commenters claimed that secondary producers would likely be unable to locate many of those records from primary producers who may have moved, shut down, or otherwise disappeared. According to the commenters, those secondary producers who could not locate such records would be forced to remove the sexually explicit depictions, which would be a limit on constitutionally protected material. The Department declines to adopt these comments. Producers were on notice that records had to be kept at least by primary producers for depictions manufactured after July 3, 1995. In addition, commenters were similarly on notice that the D.C. Circuit, in American Library Ass’n v. Reno, had upheld the requirement that secondary producers maintain records. The Department is not responsible if secondary

261 producers chose to rely on the Tenth Circuit’s holding in Sundance and not to maintain records while ignoring the D.C. Circuit’s holding in American Library Ass’n v. Reno. A prudent secondary producer would have continued to secure copies of the records from primary producers after July 3, 1995. If those records, which are statutorily required, are not currently available, then the commenters are correct that they will be required to comply with the requirements of all applicable laws, including section 2257(f). They are incorrect, however, to claim that this would result in an impermissible burden on free speech. As the D.C. Circuit held, the government has a compelling state interest in protecting children from sexual exploitation. If the producers (primary and secondary) of sexually explicit depictions cannot document that children were not used for the production of the sexually explicit depictions, then they must take whatever appropriate actions are warranted to comply with the child exploitation, obscenity, and record- keeping statutes. The First Amendment is not offended by making it unlawful knowingly to fail or refuse to comply with the record-keeping or labeling provisions of this valid statute. Two commenters commented that secondary producers should not be required to maintain records at all because they are not proximate enough to the production of the depictions to secure the requisite information, and their retention of records would not further the purpose of the statute. One commenter commented that secondary producers should only be required to [[Page 29613]] retain on file the contact information for the primary producers’ custodians of records. The Department declines to adopt these comments. As publishers of sexually explicit material, secondary producers are equally responsible for protecting minors from exploitation as the primary producers who photograph sexually explicit acts. Most importantly, secondary producers are equally covered by the terms of section 2257. In addition, the D.C. Circuit in American Library Ass’n v. Reno, held that such a requirement was not unconstitutionally burdensome. Thirty-five commenters commented that the indexing and cross-

262 indexing requirements are unduly burdensome and argued that the records should be indexed only by the performer’s legal name, the name used in the depiction, or the title of the depiction. The Department declines to adopt these comments. As the D.C. Circuit held in American Library Ass’n v. Reno, the indexing and cross-indexing requirements were not unduly burdensome. Word-processing, bookkeeping, and database software commonly in use by businesses and even for home computers can accomplish the indexing and cross-indexing required by the rule. The Department continues to believe that investigators must be able to access records through cross-indexing in order to ensure completeness and to enable investigation on the basis of less-than-full information. Thirty-two commenters commented that the requirement that a copy of each depiction be maintained would be unduly burdensome, leading to vast stocks of magazines and videotapes, and even storage of computer images would be unmanageable and prohibitive for small businesses. Thirty-five commenters also commented that the requirement to keep copies of each image is impossible to comply with due to the vast amount of data involved in storing digital images, especially, e.g., producers of live streaming video. The Department declines to adopt these comments. Maintaining one copy of each publication, production, or depiction is critical to making the inspection process meaningful. Commercial publishers and producers can reasonably be expected to comply. Furthermore, modern computer and disk storage capacities make digital archiving and back-up relatively inexpensive and space- efficient. Finally, reviewing identification records in a vacuum would be meaningless without being able to cross-reference the depictions, and having the depictions on hand is necessary to determine whether in fact age-verification files are being maintained for each performer in

263 a given depiction. In addition, without the depictions, inspectors could not confirm that each book, magazine, periodical, film, videotape or other matter has affixed to it a statement describing the location of the records, as required by the existing regulations. Exceptions cannot be made for producers of digital depictions, and indeed, it is likely less onerous to store digital images than paper images. Children are just as easily exploited in live streaming video as in any other visual medium. Therefore, an exception cannot be made for producers of live streaming video. Thirty-nine commenters commented that the requirement that records be available for inspection during specified normal business hours and any time business is conducted would be impossible for small businesses to meet, especially those run on a part-time basis or during non- traditional hours. These commenters pointed out that the prior regulations simply provided that the availability be reasonable. The Department adopts this comment. The Department can accept that the producers of the sexually explicit depictions subject to the statute do not necessarily maintain traditional 9 a.m. to 5 p.m. business hours. Accordingly, the rule will be adjusted to permit inspections during the producer’s normal business hours. To the extent the producer does not maintain or post regular business hours, producers will be required to provide notice to the inspecting agency of the hours during which their records will be available for inspection, which must total no less than twenty (20) per week, in order to permit reasonable access for inspectors. Thirty commenters commented that the proposed rule’s requirement that the statement appear on the homepage of a Web site would lead to excessively lengthy statements that could deter viewers from downloading site content. The commenters suggested that web sites should be permitted to provide links that open windows to complex

264 disclosure statements. In response to these comments, the Department has amended the proposed rule such that the final rule permits web sites to contain a hypertext link that states, “18 U.S.C. 2257 Record- Keeping Requirements Compliance Statement,” that will open in a separate window that contains the required statement. Five commenters commented that the requirement that copies of each image be kept together with the records would interfere with the requirement that records be segregated. According to these commenters, hard copies of depictions cannot, by definition, be held together with electronic copies, and if computer records are kept, it is not possible for a producer to segregate records stored on a computer because they are all found on the same storage device. Further, claimed the commenters, the requirement under Sec. 75.2(e) that records be segregated from other records, not contain other records, or be contained within other records is vague. They claimed that it is unclear whether copies of records may never be in any other company files, which would be an irrational requirement and would open inadvertent misfilings to criminal prosecution. The Department declines to adopt this comment. The requirement that records maintained pursuant to section 2257 be segregated not only streamlines the inspection process but protects producers from unbridled fishing expeditions. Inspectors should not be faced with situations in which they have to sift through myriad filing cabinets to find the records they are seeking, and producers should not be faced with the risks that such exploration might create. Hard copies, electronic copies, or files consisting of both can be segregated in separate storage containers or hard drives (or even in separate directories or folders on a hard drive) in/on which no other records are held. Two commenters commented that the implicit requirement that records be kept at a place of business is unreasonable and argued that the regulation should permit third-party custody of records. The

265 Department declines to adopt this comment. Permitting a third party to possess the records would unnecessarily complicate the compliance and inspection processes by removing the records from the physical location where they were initially collected, sorted, indexed, and compiled. For example, producers could provide false names and addresses to the third party as a means to avoid scrutiny by law enforcement. Historically, producers have used front corporations in order to evade both law enforcement and tax authorities. Permitting third-party custodianship would exacerbate this problem. Custodians could, for example, disclaim any responsibility for the condition or completeness of the records or be unable to provide additional information regarding the status of the records. Permitting such third-party custodians in the final rule would thus require additional regulations to ensure that the third-party custodian could guarantee the accuracy [[Page 29614]] of the records, would act as a legally liable agent of the producer, and would raise other administrative issues as well. Furthermore, permitting a third party to maintain the records would, if anything, exacerbate the concerns of numerous commenters regarding the privacy of information on performers and businesses by placing that information in the hands of another party. Three commenters commented that the record-shifting requirements under Sec. Sec. 75.2(a) and (b) are impermissibly burdensome. According to the commenters, primary producers would resist turning over records that contain trade secrets, such as the identities of performers. The Department declines to adopt these comments. The D.C. Circuit Court clearly held in American Library Ass’n v. Reno that the record-keeping requirements were not unconstitutionally burdensome. Any primary producer who fails to release the records to a secondary producer is simply in violation of the regulations and may not use the excuse that the records contain alleged trade secrets to avoid compliance.

266 Three commenters commented that the requirement that the statement appear in font size equal in size to the names of the performers, director, producer, or owner, whichever is larger, and no smaller in size than the largest of those names, and in no case in less than 11- point type, in black on a white, untinted background amounts to forced speech, would ruin the aesthetic quality of web pages and other media, and is impractical. Another commenter commented that the requirement that the statement appear in a certain typeface cannot apply to web sites, whose appearance depends on the viewer’s computer. In response to these comments, the Department has revised final rule to require that the statement appear in typeface that is no less than 12-point type or no smaller than the second-largest typeface on the website, and in a color that contrasts with the background color. Regarding the claim that such an administrative label constitutes forced speech, the Department notes that the federal government imposes a range of such requirements, such as nutritional labels on food products and safety warnings on a myriad of products. Two commenters commented that the length of retention of records was too long and could multiply to include excessively long periods of time. The commenters also claimed that the periods of time in the proposed rule were contrary to the D.C. Circuit’s opinion in American Library Ass’n v. Reno. The Department declines to adopt this comment. The regulation provides for retention of records for seven years from production or last amendment and five years from cessation of production by a business or dissolution of the company. The Department does not believe that these limits are unreasonable. The only way to satisfy the commenters’ objection that the periods of time can multiply would be to impose a blanket short period of time no matter what changes to the records were made. Such a change would frustrate the ability to ensure that records were maintained up-to-date and prevent

267 inspectors from examining older records to determine if a violation had been committed. In addition, the time periods, contrary to the claim of the commenters, do not violate American Library Ass’n v. Reno. In that case, the D.C. Circuit held that Sec. 75 could not require records to be maintained for as long as the producer remained in business and allowed a five-year retention period “[p]ending its replacement by a provision more rationally tailored to actual law enforcement needs.” 33 F.3d at 91. The Department has determined that the seven-year period is reasonable, thus satisfying the court’s directive. The production of child pornography statute of limitations was increased in the PROTECT Act from five years to the life of the child, and the increase contained in the regulation seeks to comport with that extended statute of limitations. Finally, the Department wishes to clarify that the statute requires that each time a producer publishes a depiction, he must have records proving that the performers are adults. Thus, if a producer purges his or her records after the retention period but continues to use a picture for publication, the producer would be deemed in violation of the statute for not maintaining records that the person depicted was an adult. Records are required for every iteration of an image in every instance of publication. One commenter objected to the proposed rule’s lack of prior announcement of inspections. Advance notice, the commenter stated, would allow producers to put records in proper order and ensure that someone would be on the premises when investigators visited. The rule should specify what happens in cases in which no one is present when the investigator arrives. The Department declines to adopt this comment. Advanced notice would provide the opportunity to falsify records in order to pass inspection. Lack of specific case-by-case notice prior to inspection will promote compliance with the statute and

268 encourage producers to maintain the records in proper order at all times, as is contemplated by the statute. The rule will specify that inspections are to occur during the producer’s normal business hours. The inspection process clearly does not contemplate warrantless forced entry solely because no one is present when the investigator arrives. One commenter commented that the proposed rule appeared to require hard copies of records and suggested that digital copies be permitted in order to simplify storage and indexing. The Department adopts this comment. Records may be maintained in either “hard” (paper) form or digital form, provided that they include scanned forms of identification and that there is a custodian of records who can authenticate each digital record. The regulation has been revised to clarify this point. One commenter commented that the regulation should permit the statement to be located on main menu screen of a DVD, rather than requiring the statement to appear in the movie itself. The Department declines to adopt this comment. The statement cannot be severed from the actual depiction because that could lead to confusion on the part of the public as to the applicability of the statement in cases, for example, when there is more than one film on a DVD or when a movie on a DVD is also available in other contexts in which the statement must be appended (e.g., posted on a Web site). One commenter commented that the list of acceptable forms of performer identification in the proposed rule is unduly restrictive and argued that college and employer identification cards should be acceptable. The Department declines to adopt this comment. The regulation properly requires a government-issued identification document because other forms of identification are too susceptible to forgery to accomplish the purposes of the Part. One commenter who supported the proposed rule stated that he created a system to help webmasters comply with the rules and protect the identity of individuals depicted in the images while allowing verification by law enforcement. The commenter stated that no

269 webmasters took advantage of his system because, he said, they believe that there is an extremely remote possibility of being prosecuted for non-compliance and that the Sundance ruling protects them. The comment tends to demonstrate that the claim by industry groups that the rule is unconstitutionally burdensome is [[Page 29615]] exaggerated. Nonetheless, the Department does not endorse this commenter’s particular system as it has no means to determine whether the system actually works. One commenter commented that the provision for inspections every four months is too frequent and is an invitation for harassment. Some businesses are so small and static that the required records are unlikely to change over a particular four-month period. The Department declines to adopt this comment. The regulations necessarily are designed to provide an adequate inspection interval for the most prolific producers as well as the relatively small-scale producers. The Department has determined that limiting the frequency of inspections to every four months will allow inspectors to keep pace with major producers while at the same time avoid excessive inspections of smaller producers. Moreover, four months denotes the maximum frequency of inspections; inspectors may inspect less frequently at their discretion. Privacy Sixty-two commenters commented that revealing personal information of performers, for example, in the form of their addresses on drivers’ licenses used as identification documents in compliance with this regulation, is an invasion of performers’ privacy and could lead to identity theft or violent crimes. Forty commenters commented that including the names and addresses of businesses where the records at issue are located would similarly lead to crimes against those

270 businesses. The Department declines to adopt these comments. While the Department is certainly concerned about possible crimes against performers and businesses that employ them, the necessity of maintaining these records to ensure that children are not exploited outweighs these concerns. Furthermore, specifically regarding personal information about performers required to be provided to primary producers, the Department notes that the information required is no different from that required by other forms of employee or business records, such as social security numbers and dates of birth required for tax reporting purposes, emergency contact numbers in case of health problems, or addresses used to transmit paychecks. Regarding information about producers, such as their physical location, that those producers must include in their statements, the Department notes that producers are already required, under the current Part 75 regulations, to include that information. Finally, regarding personal information about performers that must be transmitted to secondary producers, the Department again notes, first, that such information is already required by the current Part 75 regulations, and, second, that none of the commenters presented any evidence that a hypothetically possible crime, such as the stalking of a performer, was in any way tied to the dissemination of the information about a performer provided to a producer in compliance with Part 75. Another commenter proposed that secondary producers be required to store sanitized (i.e., without personal information such as home address) hard or digital copies of performers’ identification documents along with a notarized affidavit from the primary producer stating the location of the complete records. The Department declines to adopt this comment. Although the Department understands the commenter’s desire to protect private information about performers from being too widely disseminated, it believes that the suggested plan would be overly burdensome on primary producers and add an unnecessary layer of

271 complexity to the record-keeping process. Primary producers would be required first to sanitize the identification documents and then to draft, sign, and pay for a notarized affidavit. It is simpler and less burdensome simply to have primary producers transfer a copy of the records to secondary producers. One commenter also commented that the proposed rule may force foreign primary producers to violate foreign laws regarding protection of information. If primary producers in foreign countries decide to comply with their home privacy laws and not provide materials to U.S. entities, the regulation will chill the availability of materials and speech to U.S. citizens. The Department declines to adopt this comment. The rule is no different from other forms of labeling requirements imposed on foreign producers of, e.g., alcohol, tobacco, or food items that are imported into the United States. In order to sell in the U.S. market, foreign producers must comply with U.S. laws. This rule applies equally to any sexually explicit material introduced into the stream of commerce in the United States no matter where it was produced. Foreign producers have the option of not complying with the rule, but then their access to the U.S. market is justly and lawfully prohibited. Miscellaneous Five commenters commented that the proposed rule would hurt U.S. businesses and remove money from the U.S. economy by driving the pornography industry to other countries. In addition, these commenters claimed, most sexually explicit web sites are, in any event, already located in other countries and the rule would be ineffective in regulating them. Similarly, one commenter commented that the proposed changes will be ineffective in addressing the problem of child pornography because most, if not all, of child pornography web sites are located outside the United States. The Department disagrees with these comments. First, the purpose of the statute, and the rule to implement it, is not to drive the pornography industry out of the United States. Rather, the purpose is to protect children from sexual exploitation, and the rule is designed

272 to do so while not burdening protected speech. The D.C. Circuit, in American Library Ass’n v. Reno, held that the current regulations are not unconstitutionally burdensome, and the final rule is merely a refinement and update of those regulations. Thus, the pornography industry should not in fact be driven overseas. Indeed, the commenters do not provide any evidence either for their proposition that most sexually explicit web sites are in fact based abroad or for their proposition that those web sites that are located in the United States will relocate. Second, the Department does not currently exercise jurisdiction over foreign web sites, but it must promulgate regulations within its legitimate jurisdiction in the United States in order to accomplish the purpose of the statute. Two commenters suggested that rather than regulating sexually explicit Web sites, the Department should invest more resources into fighting child pornography through education of parents and children and through enhanced criminal investigation. In response, the Department points out that it currently invests significant resources in criminal investigation and prosecution of child pornography and in other activities to promote the protection of children. The final rule is part of this effort and is aimed at preventing any child pornography from being produced under the guise of constitutionally protected sexually explicit depictions and must necessarily require legitimate businesses to maintain the records at issue. One commenter supported the Department’s [[Page 29616]] position, as the commenter stated, because of concern about exploitation of children. One commenter commented that certain types of files—e.g., .jpeg and .gif photos—cannot have a statement appended when uploaded. The Department declines to adopt this comment. The rule makes clear that whenever Internet depictions are involved, the statement must appear on the website’s home page, not on the image itself. One commenter commented that the term technologies is improperly used in Sec. 75.1(a), which states that the proposed rule’s definitions of terms “are not meant to exclude technologies or uses of

273 these terms as otherwise employed in practice or defined in other regulations or federal statutes * * *.” The Department declines to amend the proposed rule in response to this comment. The Department believes the commenter may have misunderstood the sentence. As Sec. 75.1(a) explains, the definitions in the rule are not used in their technical senses and do not, therefore, exclude any particular type of technology, or technologies, currently existing or invented in the future on the basis of the language used in the Part. The same commenter objected to the proposed rule’s use of the phrase “myriad of” in the definition of the term Internet in Sec. 75.1(f). The Department declines to adopt this comment. According to Merriam-Webster’s Collegiate Dictionary (11th ed., 2003), “Recent criticism of the use of myriad as a noun, both in the plural form myriads and in the phrase myriad of, seems to reflect a mistaken belief that the word was originally and is still properly only an adjective * * *. The noun myriad has appeared in the works of such writers as Milton (plural myriads) and Thoreau (a myriad of), and it continues to occur frequently in reputable English. There is no reason to avoid it.” Merriam-Webster’s Collegiate Dictionary 821 (11th ed., 2003). One commenter commented regarding a minor drafting error in which Sec. 75.2(a)(1) of the proposed rule incorrectly referenced the definition of an identification document in 18 U.S.C. 1028. The Department has eliminated entirely the reference to 18 U.S.C. 1028, which is redundant in light of the final rule’s defined term picture identification card. One commenter suggested that the regulation state that no person convicted of pedophilia, endangerment of a minor, or any sexual misconduct involving a minor be eligible to produce sexually explicit material or act as custodian of records required by the regulation. The Department is unable to adopt this comment, because the suggestion goes beyond the Department’s authority to implement the statute. Two commenters suggested alternative means to implement the statute. One suggested that the Department establish a national “sex ID” system with which performers would register with the government in

274 a national database. In the commenter’s scheme, the model would receive an ID number that would be superimposed on images of the performer, enabling federal law enforcement officers to determine compliance with the rule by cross-referencing the ID numbers with the database. Another suggested that each producer store required identification records, indexed by URL, on a computer server in a password-protected folder made available to law enforcement. The Department declines to adopt these suggestions because it believes that they would be more burdensome on both the Department and producers to create, implement, and manage than the record-keeping system established by the rule. In addition, creation of such systems would likely require several years’ work and delay implementation of the statute’s record-keeping requirements. Similarly, two commenters suggested specific additions to the record-keeping requirements in the proposed rule. One commented that two forms of identification should be required of performers. The Department declines to adopt this comment because it believes that one form of valid photo identification is sufficient to establish the identity and age of the performer and that requiring more would be overly burdensome on businesses and performers themselves. One commenter commented that the exemption statement in the rule is unnecessary and redundant because if no statement is necessary, then the regulation does not apply and no statement of any kind can be required. The Department declines to adopt this comment for three reasons. First, the Department notes that the exemption-statement requirement was included in the previous version of the regulation. Second, the commenter is wrong to state that it is redundant. Since a primary or secondary producer could possess various sexually explicit

275 depictions, some subject to the regulation and some not, it would be necessary for the producer to label both types, rather than only label those that are subject to the rules and give the impression both to the public and to government inspectors that the producer is not in compliance with the regulation. Third, the lack of an exemption statement could lead to a waste of resources by prompting inspections where none were needed because, unbeknownst to the inspector, the producer was exempt from the regulation. One commenter commented that Internet Presence Providers (IPPs) should receive the same exemption from the rule as Internet Service Providers (ISPs). The Department understands that IPPs are similar to ISPs in that they both act as hosts for web pages that are created and owned by other persons. It appears, however, that IPPs can also take on other responsibilities, including managing the operations of web sites themselves. The Department has amended the proposed rule to exclude web-hosting services to the extent that their employees are not, and cannot reasonably be, engaged in managing the sexually explicit content of the site (for either technical or contractual reasons). The Department does not believe it is appropriate to provide a blanket exemption from the regulation for IPPs because it would enable owners of such web sites to disclaim responsibility for complying with the regulation by asserting that the IPPs are actually engaged in regulated activities while also exempting IPPs in toto, thus leading to a gap in coverage of producers. One commenter commented that the regulation should specify that a record-keeper may refuse to speak to an investigator or may leave the premises during an investigation, so that no questions arise regarding whether the inspection rises to the level of custodial interrogation. The Department declines to adopt this comment. A record keeper’s conduct during an inspection will not be regulated. To the extent that

276 it becomes necessary in any given case, both the government and the individual will have available to them the full panoply of constitutional and legal protections and authorities to allow a court to determine, in the normal course of any prosecution that may arise and on a case-by-case basis, whether a custodial interrogation occurred at the time of inspection, and will bear the consequences of the court’s determination. One commenter commented that the proposed rule did not define how an inspector could copy physical or digital records during an inspection. The Department declines to adopt this comment. The inspectors will avail themselves of a portable photocopier or means to copy digital records (e.g., computer disks) as needed, and the final [[Page 29617]] rule does not need to include details such as these. One commenter commented that it is unclear whether a producer that provides content to a secondary producer must maintain a list of its URLs. According to the commenter, keeping such a list would be impossible, given the number of URLs and the fact that many URLs are generated dynamically, making the requirement technologically impossible. Further, claimed the commenter, if a URL is required to be indexed with an identification record, one URL (the site entrance) should be sufficient. In addition, the commenter commented, URLs outside the direct control of the content provider should not be covered under the regulations, and secondary producers should be permitted to simply list the producer’s 2257 statement on the home page. The Department declines to adopt this comment. The Department understands that it would not be possible to track or maintain records of dynamically generated URLs. The existing regulations require producers to maintain the names of the performers “indexed by the title or identifying number of the book, magazine, film, videotape, or other matter.” See 28 CFR 75.2(a)(2). The rule updates this requirement expressly to include Internet depictions by requiring that this indexing also include any static URLs associated with depictions of that performer and to maintain a copy of the depiction with the

277 static URL associated with the depiction. Existing regulations require any producer to affix a statement describing the location of the records, and permit producers to provide the address of the primary producer, or, for secondary producers satisfying the requirements of Sec. 75.2(b), the address of the secondary producer. See 28 CFR 75.6, 75.6(b); see also 28 CFR 75.2(b) (permitting secondary producers to maintain records by accepting copies of records from a primary producer). This rule merely updates this requirement to expressly cover Internet depictions. Regulatory Procedures Regulatory Flexibility Act The Department of Justice has drafted this regulation in accordance with the Regulatory Flexibility Act, 5 U.S.C. 601-612. The Department of Justice drafted this rule to minimize its impact on small businesses while meeting its intended objectives. Based upon the preliminary information available to the Department through past investigations and enforcement actions involving the affected industry, the Department is unable to state with certainty that this rule, if promulgated as a final rule, will not have any effect on small businesses of the type described in 5 U.S.C. Sec. 601(3). Accordingly, the Department has prepared a final Regulatory Flexibility Act analysis in accordance with 5 U.S.C. 604, as follows: A. Need for and Objectives of This Rule Recent federal statutory enactments and judicial interpretations have highlighted the urgency of protecting children against sexual exploitation and, consequently, the need for more specific and clear regulations detailing the records and inspection process for sexually explicit materials to assure the accurate identity and age of performers. The identity of every performer is critical to determining and assuring that no performer is a minor. The key Congressional concern, evidenced by the child exploitation statutory scheme, was that all such performers be verifiably not minors, i.e. not younger than 18. 18

278 U.S.C. 2256(1), 2257(b)(1). Minors—children—warrant a special concern by Congress for several reasons as discussed more specifically in relation to the inspection process. Children themselves are incapable of giving voluntary and knowing consent to perform or to enter into contracts to perform. In addition, children often are involuntarily forced to engage in sexually explicit conduct. For these reasons, visual depictions of sexually explicit conduct that involve persons under the age of 18 constitute unlawful child pornography. This rule merely provides greater details for the record-keeping and inspection process in order to ensure that minors are not used as performers in sexually explicit depictions. The rule does not restrict in any way the content of the underlying depictions other than by clarifying the labeling on, and record-keeping requirements pertaining to, that underlying depiction. Cf., e.g., 27 CFR 16.21 (alcoholic beverage health warning statement; mandatory label information). However, compliance with the record-keeping requirements of this part has no bearing on the legality or illegality of the underlying sexually explicit material. Moreover, the growth of Internet facilities in the past five years, and the proliferation of pornography on Internet computer sites or services, requires that the regulations be updated. In the final rule, a number of definitions are revised to accomplish the application of the rule to the modern modes of communication. B. Description and Estimates of the Number of Small Entities Affected by This Rule A “small business” is defined by the Regulatory Flexibility Act (RFA) to be the same as a “small business concern” under the Small Business Act (SBA), 15 U.S.C. 632. Under the SBA, a “small- business concern” is one that: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) meets any additional criteria established by the SBA. See 5 U.S.C. 601(3) (incorporating by reference the definition of “small business concern” in 15 U.S.C. 632). Based upon the information available to the Department through past investigations and enforcement actions involving the affected industry,

279 there are likely to be a number of producers of sexually explicit depictions who hire or pay for performers and who, accordingly, would come under the ambit of the proposed rule. However, none of the changes made by this rule affect the number of producers that would be covered. The rule clarifies the meaning of an existing definition and how that definition covers electronic sexually explicit depictions, but does not expand that definition. Pursuant to the RFA, in the proposed rule the Department encouraged all affected commercial entities to provide specific estimates, wherever possible, of the economic costs that this rule will impose on them and the benefits that it will bring to them and to the public. The Department asked affected small businesses to estimate what these regulations will cost as a percentage of their total revenues in order to enable the Department to ensure that small businesses are not unduly burdened. No specific estimates of the economic costs that the rule would impose were received. The regulation has no effect on State or local governmental agencies. C. Specific Requirements Imposed That Would Impact Private Companies The final rule provides clearer requirements for private companies to maintain records of performers of sexually explicit depictions to ensure that minors are not used in such sexually explicit depictions. The final rule requires that these records be properly indexed and cross-referenced. In the proposed rule, the Department specifically sought information from affected producers on the costs of the record- keeping, indexing, and cross-referencing requirements. No commenters provided such information beyond qualitative assessments, which [[Page 29618]] are addressed in the Responses to Public Comments section of this Supplemental Information. Nevertheless, the Department is aware from those qualitative statements that certain alternatives to the rule are possible. For

280 example, two commenters commented that the regulation should permit third-party custody of records in order to reduce the burdens of storing material at a producer’s place of business and of maintaining certain business hours in order to be available for inspection. The Department believes that allowing third-party custody, however, would be detrimental to the goals of the statute. It would unnecessarily complicate the compliance and inspection processes by removing the records from the physical location where they were initially collected, sorted, indexed, and compiled. Furthermore, permitting a third party to maintain the records would, if anything, exacerbate the concerns of numerous commenters regarding the privacy of information on performers and businesses by placing that information in the hands of another party. Other alternatives suggested by commenters included the establishment of a national “sex ID” system with which performers would register with the government in a national database, and the creation of a password-protected database of identification records available to law enforcement. As explained above, the Department believes that they would be more burdensome on both the Department and producers to create, implement, and manage than the record-keeping system established by the rule. In addition, creation of such systems would likely require several years’ work and delay implementation of the statute’s record-keeping requirements. The Department has, however, adopted numerous changes to the proposed rule in response to comments that it was too burdensome. For example, because commenters argued that the requirement that the statement appear on the homepage of any web site was too burdensome, the final rule permits web sites to contain a hypertext link that states, “18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement,” that will open in a separate window that contains the required statement. Likewise, in response to public comments, the Department amended the proposed rule such that the final rule no longer

281 requires businesses to be available for inspection from 8 a.m. to 6 p.m. every day, but rather permits inspections during the producer’s normal business hours. Further, the Department modified the requirements regarding the size and typeface of the statement in response to public comments, as well as clarified that records may be maintained in either “hard” (paper) form or digital form. At the same time, the Department also rejected potential changes that would extend the burdensomeness of the rule. For example, the Department did not adopt a comment that two forms of identification should be required of performers. For these reasons, the Department believes that, although private companies will be affected by the rule, the costs are reasonable in light of the purpose of the statute and that it has imposed the regulation in the least burdensome manner possible. Executive Order 12866 This regulation has been drafted and reviewed in accordance with Executive Order 12866, Sec. 1(b), Principles of Regulation. The Department of Justice has determined that this rule is a “significant regulatory action” under Executive Order 12866, Sec. 3(f). Accordingly this rule has been reviewed by the Office of Management and Budget. The benefit of the regulation is that children will be better protected from exploitation in the production of sexually explicit depictions by ensuring that only those who are at least 18 years of age perform in such sexually explicit depictions. The costs to the industry include slightly higher record-keeping costs and the potential time spent assisting inspectors in the process of inspecting the required records. In the proposed rule, the Department expressly encouraged all affected commercial entities to provide specific estimates, wherever possible, of the economic costs that this rule will impose on them. Notwithstanding that request, not a single commenter provided any data on this aspect of the rule. Accordingly, the costs that this final rule will impose remain uncertain. Executive Order 13132 This regulation will not have substantial direct effects on the States, on the relationship between the national government and the

282 States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Executive Order 12988 This regulation meets the applicable standards set forth in Sec. Sec. 3(a) and 3(b)(2) of Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Paperwork Reduction Act This rule modifies existing requirements to clarify the record- keeping requirements pursuant to Congressional enactments and the development of the Internet. This rule contains a new information collection that satisfies the requirements of existing regulations to clarify the means of maintaining and organizing the required documents. This information collection, titled Inspection of Records Relating to Depiction of Sexually Explicit Performances, has been submitted to the Office of Management and Budget (OMB) for approval. Although comments were

283 solicited from the public, in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., in the proposed rule, no comments were received. List of Subjects in 28 CFR Part 75 Crime, Infants and children, Reporting and recordkeeping requirements.

0 Accordingly, the Attorney General amends chapter I of title 28 of the Code of Federal Regulations as follows: 0 1. Part 75 of title 28 CFR is revised to read as follows:

[[Page 29619]] PART 75--CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 1990 AND PROTECT ACT; RECORD-KEEPING AND RECORD INSPECTION PROVISIONS Sec. 75.1 Definitions. 75.2 Maintenance of records. 75.3 Categorization of records. 75.4 Location of records. 75.5 Inspection of records. 75.6 Statement describing location of books and records. 75.7 Exemption statement. 75.8 Location of the statement.

Authority: 18 U.S.C. 2257.

Sec. 75.1 Definitions. (a) Terms used in this part shall have the meanings set forth in 18 U.S.C. 2257, and as provided in this section. The terms used and defined in these regulations are intended to provide common- language guidance and usage and are not meant to exclude technologies or uses of these terms as otherwise employed in practice or defined in other

284 regulations or federal statutes (i.e., 47 U.S.C. 230, 231). (b) Picture identification card means a document issued by the United States, a State government or a political subdivision thereof, or a United States territory, that bears the photograph and the name of the individual identified, and provides sufficient specific information that it can be accessed from the issuing authority, such as a passport, Permanent Resident Card (commonly known as a “Green Card”), or other employment authorization document issued by the United States, a driver’s license issued by a State or the District of Columbia, or another form of identification issued by a State or the District of Columbia; or, a foreign government-issued equivalent of any of the documents listed above when both the person who is the subject of the picture identification card and the producer maintaining the required records are located outside the United States. © Producer means any person, including any individual, corporation, or other organization, who is a primary producer or a secondary producer. (1) A primary producer is any person who actually films, videotapes, photographs, or creates a digitally- or computer- manipulated image, a digital image, or picture of, or digitizes an image of, a visual depiction of an actual human being engaged in actual sexually explicit conduct. (2) A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, digitally- or computer- manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing. (3) The same person may be both a primary and a secondary producer.

285 (4) Producer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following: (i) Photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplicators; (ii) Mere distribution; (iii) Any activity, other than those activities identified in paragraphs © (1) and (2) of this section, that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers; (iv) A provider of web-hosting services who does not, and reasonably cannot, manage the sexually explicit content of the computer site or service; or (v) A provider of an electronic communication service or remote computing service who does not, and reasonably cannot, manage the sexually explicit content of the computer site or service. (d) Sell, distribute, redistribute, and re-release refer to commercial distribution of a book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, or other matter that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, but does not refer to noncommercial or educational distribution of such matter, including transfers conducted by bona fide lending libraries, museums, schools, or educational organizations. (e) Copy, when used: (1) In reference to an identification document or a picture identification card, means a photocopy, photograph, or digitally scanned reproduction, and (2) When used in reference to a sexually explicit depiction means the sexually explicit image itself (e.g., a film, an image posted on a web page, an image taken by a webcam, a photo in a magazine, etc.). (f) Internet means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which constitute the interconnected world-wide network of

286 networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (g) Computer site or service means a computer server-based file repository or file distribution service that is accessible over the Internet, World Wide Web, Usenet, or any other interactive computer service (as defined in 47 U.S.C. 230(f)(2)). Computer site or service includes without limitation, sites or services using hypertext markup language, hypertext transfer protocol, file transfer protocol, electronic mail transmission protocols, similar data transmission protocols, or any successor protocols, including but not limited to computer sites or services on the World Wide Web. (h) URL means uniform resource locator. (i) Electronic communications service has the meaning set forth in 18 U.S.C. 2510(15). (j) Remote computing service has the meaning set forth in 18 U.S.C. 2711(2). (k) Manage content means to make editorial or managerial decisions concerning the sexually explicit content of a computer site or service, but does not mean those who manage solely advertising, compliance with copyright law, or other forms of non-sexually explicit content. (l) Interactive computer service has the meaning set forth in 47 U.S.C. 230(f)(2).

Sec. 75.2 Maintenance of records. (a) Any producer of any book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, or other matter that contains a depiction of an actual human being engaged in actual sexually explicit conduct that is produced in whole or in part with materials that have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce and that contains one or more visual depictions of an actual human being engaged in actual sexually explicit conduct made after July 3, 1995 shall, for each performer portrayed in [[Page 29620]] such visual depiction, create and maintain records containing the

287 following: (1) The legal name and date of birth of each performer, obtained by the producer’s examination of a picture identification card. For any performer portrayed in such a depiction made after July 3, 1995, the records shall also include a legible copy of the identification document examined and, if that document does not contain a recent and recognizable picture of the performer, a legible copy of a picture identification card. For any performer portrayed in such a depiction after June 23, 2005, the records shall include (i) A copy of the depiction, and (ii) Where the depiction is published on an Internet computer site or service, a copy of any URL associated with the depiction or, if no URL is associated with the depiction, another uniquely identifying reference associated with the location of the depiction on the Internet. (2) Any name, other than each performer’s legal name, ever used by the performer, including the performer’s maiden name, alias, nickname, stage name, or professional name. For any performer portrayed in such a depiction made after July 3, 1995, such names shall be indexed by the title or identifying number of the book, magazine, film, videotape, digitally- or computer-manipulated image, digital image, picture, URL, or other matter. Producers may rely in good faith on representations by performers regarding accuracy of the names, other than legal names, used by performers. (3) Records required to be created and maintained under this part shall be organized alphabetically, or numerically where appropriate, by the legal name of the performer (by last or family name, then first or given name), and shall be indexed or cross-referenced to each alias or other name used and to each title or identifying number of the book, magazine, film, videotape, digitally- or computer-manipulated image, digital image, picture, URL, or other matter. (b) A producer who is a secondary producer as defined in Sec. 75.1© may satisfy the requirements of this part to create and

288 maintain records by accepting from the primary producer, as defined in Sec. 75.1©, copies of the records described in paragraph (a) of this section. Such a secondary producer shall also keep records of the name and address of the primary producer from whom he received copies of the records. © The information contained in the records required to be created and maintained by this part need be current only as of the time the primary producer actually films, videotapes, or photographs, or creates a digitally or computer-manipulated image, digital image, or picture, of the visual depiction of an actual human being engaged in actual sexually explicit conduct. If the producer subsequently produces an additional book, magazine, film, videotape, digitally- or computer- manipulated image, digital image, or picture, or other matter (including but not limited to Internet computer site or services) that contains one or more visual depictions of an actual human being engaged in actual sexually explicit conduct made by a performer for whom he maintains records as required by this part, the producer may add the additional title or identifying number and the names of the performer to the existing records maintained pursuant to Sec. 75.2(a)(2). (d) For any record created or amended after June 23, 2005, all such records shall be organized alphabetically, or numerically where appropriate, by the legal name of the performer (by last or family name, then first or given name), and shall be indexed or cross- referenced to each alias or other name used and to each title or identifying number of the book, magazine, film, videotape, digitally- or computer-manipulated image, digital image, or picture, or other matter (including but not limited to Internet computer site or services). If the producer subsequently produces an additional book, magazine, film, videotape, digitally- or computer-manipulated image, digital image, or picture, or other matter (including but not limited to Internet computer site or services) that contains one or more visual depictions of an actual human being engaged in actual sexually explicit conduct made by a performer for whom he maintains records as required

289 by this part, the producer shall add the additional title or identifying number and the names of the performer to the existing records and such records shall thereafter be maintained in accordance with this paragraph. (e) Records required to be maintained under this part shall be segregated from all other records, shall not contain any other records, and shall not be contained within any other records. (f) Records required to be maintained under this part may be kept either in hard copy or in digital form, provided that they include scanned copies of forms of identification and that there is a custodian of the records who can authenticate each digital record.

Sec. 75.3 Categorization of records. Records required to be maintained under this part shall be categorized alphabetically, or numerically where appropriate, and retrievable to: All name(s) of each performer, including any alias, maiden name, nickname, stage name or professional name of the performer; and according to the title, number, or other similar identifier of each book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, or picture, or other matter (including but not limited to Internet computer site or services). Only one copy of each picture of a performer’s picture identification card and identification document must be kept as long as each copy is categorized and retrievable according to any name, real or assumed, used by such performer, and according to any title or other identifier of the matter.

Sec. 75.4 Location of records. Any producer required by this part to maintain records shall make such records available at the producer’s place of business. Each record shall be maintained for seven years from the date of creation or last amendment or addition. If the producer ceases to carry on the business, the records shall be maintained for five years thereafter. If the producer produces the book, magazine, periodical, film, videotape,

290 digitally- or computer-manipulated image, digital image, or picture, or other matter (including but not limited to Internet computer site or services) as part of his control of or through his employment with an organization, records shall be made available at the organization’s place of business. If the organization is dissolved, the individual who was responsible for maintaining the records on behalf of the organization, as described in Sec. 75.6(b), shall continue to maintain the records for a period of five years after dissolution.

Sec. 75.5 Inspection of records. (a) Authority to inspect. Investigators authorized by the Attorney General (hereinafter “investigators”) are authorized to enter without delay and at reasonable times any establishment of a producer where records under Sec. 75.2 are maintained to inspect during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, for the purpose of determining compliance with the record-keeping requirements of the Act and any other provision of the Act (hereinafter “investigator”). (b) Advance notice of inspections. Advance notice of record inspections shall not be given. © Conduct of inspections. (1) Inspections shall take place during the producer’s normal business hours [[Page 29621]] and at such places as specified in Sec. 75.4. For the purpose of this part, “normal business hours” are from 9 a.m. to 5 p.m., local time, Monday through Friday, or any other time during which the producer is actually conducting business relating to producing depiction of actual sexually explicit conduct. To the extent that the producer does not maintain at least 20 normal business hours per week, producers must provide notice to the inspecting agency of the hours during which records will be available for inspection, which in no case may be less than twenty (20) hours per week. (2) Upon commencing an inspection, the investigator shall: (i) Present his or her credentials to the owner, operator, or agent in charge of the establishment; (ii) Explain the nature and purpose of the inspection, including the limited nature of the records inspection, and the records required to be kept by the Act and this part; and

291 (iii) Indicate the scope of the specific inspection and the records that he or she wishes to inspect. (3) The inspections shall be conducted so as not to unreasonably disrupt the operations of the producer’s establishment. (4) At the conclusion of an inspection, the investigator may informally advise the producer of any apparent violations disclosed by the inspection. The producer may bring to the attention of the investigator any pertinent information regarding the records inspected or any other relevant matter. (d) Frequency of inspections. A producer may be inspected once during any four-month period, unless there is a reasonable suspicion to believe that a violation of this part has occurred, in which case an additional inspection or inspections may be conducted before the four- month period has expired. (e) Copies of records. An investigator may copy, at no expense to the producer, during the inspection, any record that is subject to inspection. (f) Other law enforcement authority. These regulations do not restrict the otherwise lawful investigative prerogatives of an investigator while conducting an inspection. (g) Seizure of evidence. Notwithstanding any provision of this part or any other regulation, a law enforcement officer may seize any evidence of the commission of any felony while conducting an inspection.

Sec. 75.6 Statement describing location of books and records. (a) Any producer of any book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, or picture, or other matter (including but not limited to Internet computer site or services) that contains one or more visual depictions of an actual human being engaged in actual sexually explicit conduct made after July 3, 1995, and produced, manufactured, published, duplicated, reproduced, or reissued on or after July 3, 1995, shall cause to be affixed to every copy of the matter a statement describing the location of the records required by this part. A producer may cause such statement to be affixed, for example, by instructing the manufacturer of the book, magazine, periodical, film, videotape,

292 digitally- or computer-manipulated image, digital image, picture, or other matter to affix the statement. (b) Every statement shall contain: (1) The title of the book, magazine, periodical, film, or videotape, digitally- or computer-manipulated image, digital image, picture, or other matter (unless the title is prominently set out elsewhere in the book, magazine, periodical, film, or videotape, digitally- or computer-manipulated image, digital image, picture, or other matter) or, if there is no title, an identifying number or similar identifier that differentiates this matter from other matters which the producer has produced; (2) The date of production, manufacture, publication, duplication, reproduction, or reissuance of the matter; and, (3) A street address at which the records required by this part may be made available. The street address may be an address specified by the primary producer or, if the secondary producer satisfies the requirements of Sec. 75.2(b), the address of the secondary producer. A post office box address does not satisfy this requirement. © If the producer is an organization, the statement shall also contain the name, title, and business address of the individual employed by such organization who is responsible for maintaining the records required by this part. (d) The information contained in the statement must be accurate as of the date on which the book, magazine, periodical, film, videotape, digitally or computer-manipulated image, digital image, picture, or other matter is produced or reproduced. (e) For the purposes of this section, the required statement shall be displayed in typeface that is no less than 12-point type or no smaller than the second-largest typeface on the material and in a color that clearly contrasts with the background color of the material. For any electronic or other display of the notice that is limited in time, the notice must be displayed for a sufficient duration and of a sufficient size to be capable of being read by the average viewer.

Sec. 75.7 Exemption statement. (a) Any producer of any book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image,

293 picture, or other matter may cause to be affixed to every copy of the matter a statement attesting that the matter is not covered by the record-keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part if: (1) The matter contains only visual depictions of actual sexually explicit conduct made before July 3, 1995, or is produced, manufactured, published, duplicated, reproduced, or reissued before July 3, 1995; (2) The matter contains only visual depictions of simulated sexually explicit conduct; or, (3) The matter contains only some combination of the visual depictions described in paragraphs (a)(1) and (a)(2) of this section. (b) If the primary producer and the secondary producer are different entities, the primary producer may certify to the secondary producer that the visual depictions in the matter satisfy the standards under paragraphs (a)(1) through (a)(3) of this section. The secondary producer may then cause to be affixed to every copy of the matter a statement attesting that the matter is not covered by the record- keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part.

Sec. 75.8 Location of the statement. (a) All books, magazines, and periodicals shall contain the statement required in Sec. 75.6 or suggested in Sec. 75.7 either on the first page that appears after the front cover or on the page on which copyright information appears. (b) In any film or videotape which contains end credits for the production, direction, distribution, or other activity in connection with the film or videotape, the statement referred to in Sec. 75.6 or Sec. 75.7 shall be presented at the end of the end titles or final credits and shall be displayed for a sufficient duration to be capable of being read by the average viewer. © Any other film or videotape shall contain the required statement within one minute from the start of the film or videotape, and before the opening scene, and shall display the statement for a sufficient duration to be read by the average viewer. [[Page 29622]] (d) A computer site or service or Web address containing a digitally- or computer-manipulated image, digital image, or picture, shall contain the required statement on its homepage, any known major

294 entry points, or principal URL (including the principal URL of a subdomain), or in a separate window that opens upon the viewer’s clicking a hypertext link that states, “18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.” (e) For all other categories not otherwise mentioned in this section, the statement is to be prominently displayed consistent with the manner of display required for the aforementioned categories. Dated: May 17, 2005. Alberto R. Gonzales, Attorney General. [FR Doc. 05-10107 Filed 5-23-05; 8:45 am]

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