The adult video industry is evolving at an incredible rate. If in 2018 there were more than 1.5 million hours of video on the Pornhub, at this moment this amount has doubled. Such growth prompts us to ask ourselves one question: how to start a pornographic website? And now we will tell you about it.
Important! While we have collected all the information on how to legally host a pornographic website, there is a wide range of legal issues that need to be considered, and we recommend that you discuss your issues with a lawyer and representative in your country.
Adult entertainment is a highly regulated industry in all countries. Therefore, it is very important that the owner of an adult website complies with all legal regulations and controls the production, distribution, and promotion of erotic content. So, let's start with the basics and move smoothly to the most common legal and constitutional issues the adult site owners are facing.
What are the types of porn sites?
Adult websites that require money from the user to access erotic content are called paid websites. In return, free porn sites usually provide access to adult content by placing banners and referrals to partner sites. There are also live webcam sites that allow users to interact with models via webcam and chat. In many countries it is legal to create adult content but under certain conditions.
There must be an age verification so that users under the age of 18 cannot access the website. Besides, anyone filming adult content must have proof that they are over 18 y.o and have permission to receive and store adult content. This statement should be prepared by a lawyer and cover issues such as the right to publicity, invasion of privacy, sexually transmitted diseases, sexual harassment, and condom use.
Posting sexually explicit material on the site requires a disclosure statement stating the location of the entries. Certain user-generated content or profiles are exempt from these obligations. For example, tube sites and adult dating sites can consider themselves in this way, but you should better have a consultation with a lawyer about this case.
Intellectual property issues for porn websites
Adult website owners face a myriad of intellectual property issues, including trademarks, copyrights, and the DMCA. The porn industry is also a target of numerous patent trolls based on certain technologies used to display adult content.
Moreover, sites should familiarize themselves with the copyright registration process before choosing a brand name, domain. It is necessary to assess the concerns associated with the trademark and if everything meets the criteria, the registration of the trademark can be filed with the Patent and Trademark Office to protect it.
Infringement and piracy are widespread on the Internet, especially in the adult industry, and there is generally a must to develop an intellectual property protection strategy that includes prosecution of infringement, the transmission of termination and rejection letters, notices of infringement of the Copyright Act. digital age (DMCA), UDRP domain name arbitration.
As for the DMCA, there are strict rules to follow.
- An agent must be appointed to receive notices of infringement by filing a report with the Copyright Office.
- Post a legally compliant Notice and Removal Policy describing how to send a DMCA warning or counter-notice
- Honestly and fairly enforce the re-infringement policy by providing evidence.
- Notify your subscribers about the Repeated Violation Policy.
Online agreements for a porn site
Another important consideration when launching an adult website is the careful preparation of online agreements, contracts, policies, terms, and conditions.
We have prepared an incomplete list of agreements that are required for the website to work:
- User terms and conditions
- Disclosure statement
- Anti-spam policy
- Trafficking in Persons, Abuse Policy
- DMCA Notice and Removal Policy
- Model Agreement
- Website Development Agreement
- Assignment of copyrights and trademarks
- Subpoena Compliance Policy
- Data collection form
Each of these documents is designed to address a unique set of legal challenges that will significantly reduce future legal risks. It is also important to consult with a lawyer and add documents that are necessary for your country.
Building an adult website is very lucrative, but it also has a lot of legal risks due to the controversial nature of the content. Adult entertainment is one of the most regulated areas that require close attention to the legal side. Of course, an experienced lawyer will be able to neutralize all the risks, but they better should be solved before launching the site.