Risks of Starting a Tube Site?
 

I have been reading everything I can find on 18 U.S. Code § 2257 Record keeping requirements and XXXLaw.com and my eyes are crossing with all the legal regulations surrounding this industry. I am a developer and more than capable of creating a video sharing site of this nature. I live in the U.S. if it matters.

I have some concerns though and hoping some people on this forum might have some answers:

• If I take all the right precautionary steps of hiring an adult entertainment lawyer to draw up the DMCA, 2257 statement, and terms of service, would I still be liable for the content users posted on my site if it was found to be obscene or illegal? Just trying to understand how risky this business is?
• Why do some tube sites not collect 2257 information from users who upload videos for free? They only start collecting documentation when those users want to charge for their material. Seems like a huge liability to just tell the FBI "check with the user".
• Any good lawyer recommendations? I've heard advice of choosing one that is at least a member of the First Amendment Lawyers Association. Also wondering what a ballpark range for legal services is to setup a site of this nature?

Nobody would upload full length videos if 2257s were required. Most of their stuff is ripped. Tube sites don't care. As long as they keep the obvious illegal stuff to a minimum (beast stuff, obvious CP), Lawyers will keep the site up and running. The big tube sites usually have a stern CP warning on uploads and have a report button under the video.

This protects mainstream social sites too. I am sure people have posted illegal stuff to facebook, twitter, and youtube.

Stop worrying and just do it

I would love to have such a relaxed mindset about the matter but I have a feeling a lot of folks are prison-bound based on how little people online are actually doing to follow the law. Are there site operators on the forum who have not hired a lawyer?

I don't think anyone in here will be able to answer your question because these are questions you should ask your attorney.

Yes. Me. I read a lot though.

And you're right. A lot are prison-bound or could be sued for a lot. Yet... They don't care at all.

I've been life-threatened by a webmaster to whom I sent a DMCA before. It's really anything goes.

I've been wondering these exact questions as well. Not for tube sites but more for a clips4sale model.

Don't even waste your time uploading "Clips4Sale" videos, they will find it and will make you delete as soon as possible. Clips4Sale is a different segment, has nothing related to Porn Studios.

They have a dedicated team to find and erase any video that leak from their database.

I was referring to creating a site like Clips4Sale, not stealing their videos and posting it to tube sites.

Just embed videos from xhamster,xvudeos etc I have been doing this for long timw..running 10+ tube sites...earning well