20 Practical Tips for the Beginning Adult Webmaster
By Lawrence Walters
1. Educate Yourself. Too many beginning webmasters
attempt to get into this industry without familiarizing themselves
with the complicated regulatory scheme applicable to adult Web site
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.
2. 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 Web
site 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 entertainment 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.
3. Raise Sufficient Capital. Gone are the days when a booming
adult Web site 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:
a. Marketing and promotion
b. Legal evaluation
c. Accounting services
d. Computer equipment
e. Content/model compensation
f. Employee salaries
g. Licenses, taxes and permit fees
Skimping on any of these items can sound the death knell for any start-up
adult webmaster.
4. 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.
5. Form a Corporation. Even as the adult Web site 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
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 start-up webmaster needs to assist in establishing his or
her business reputation.
6. 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!
7. Create a Set of Valid Terms & Conditions. As a Web site
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 and Conditions are no substitute
for your own! A comprehensive set of T and Cs can save you, in the
event of a legal dispute with one of your customers.
8. 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, and away from free material. There are various options to accomplish
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.
9. 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.
10. 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) 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 Web site
itself, can also be copyrighted. Make sure to include © information
on each of your Web pages.
11. Only Use Licensed Content. Do not steal images from other
Web sites 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.
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2 of 20 Tips...
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