Legal Question in Technology Law in Illinois

i am starting an adult website and was planning on making some cash are there any legal requirements i should know about?


Asked on 4/06/10, 1:16 pm

2 Answers from Attorneys

ERIC WACHSPRESS ERIC S. WACHSPRESS ATTORNEY-AT-LAW

There are numerous legal issues that you will need to consider; these are just some of them and this list is not meant to be all-inclusive; you need to ensure that the content would not be legally defined as "obscene," does not violate state laws or the laws of foreign countries, if your web site is available to individuals in those countries, that the models portrayed on your site are adults, that your site is inaccessible to minors, that you have the right to use the content displayed on your site, i.e., that you are not violating anyone's copyright or privacy rights in displaying that content, etc. In addition to these and other issues, you need to make sure that you are not violating your web site provider's rules by providing "adult" content on it.

THE ABOVE ADVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE QUESTIONS REGARDING ANY MATERIAL PRESENTED HEREIN, I RECOMMEND THAT YOU CONSULT AN ATTORNEY. THIS INFORMATION IS BEING PROVIDED BY AN ATTORNEY IN ACTIVE PRACTICE IN THE STATE OF ILLINOIS AND CURRENTLY HOLDS AN ACTIVE LAW LICENSE IN THAT STATE ONLY.

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Answered on 4/12/10, 11:57 am
Bruce Burdick Burdick Law Firm

In Union County you need to be careful. Requirement #1 for this undertaking (online porno) is to get a good copyright lawyer and a good criminal defense attorney. I am about the only downstate copyright lawyer. I can refer you to the good downstate criminal defense attorney. The issues noted by Mr. Wachspress are the basic issues. What you really need to know is how the Union County state's attorney will react when he finds out about this site. This is a risky undertaking. Get good advice so you don't end up in jail when the local bible thumpers start complaining to the state's attorney. The copyright issues are pretty obvious--don't swipe any one else's content. There are also trademark issues -- don't claim sponsorship from non-sponsor's, don't claim affiliation with a non-affiliate. Finally, get the legal advice to help you now or you will get to where you need legal advice to help you later and it may be too late for legal advice to help at all.

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Answered on 4/12/10, 1:01 pm


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