What is 18 U.S.C. § 2257?

It is a U.S. federal record-keeping statute. Producers of certain sexually explicit content must create and maintain records proving that every performer was an adult, and must identify a custodian of those records. It is separate from copyright and from the performer’s consent to distribution.

Is consent the same as a copyright licence?

No. A licence lets someone use the work. Consent is the performer’s agreement to take part and to the release. A valid project needs both, and a licence from a producer does not replace a performer’s consent.

What should I do if my video was reuploaded?

Send a takedown notice to the host, starting with the platform’s copyright or consent form. Keep the URL and a screenshot. If the host does not respond, contact the creator’s platform and, where relevant, a lawyer in your jurisdiction.

Does a DMCA notice require a lawyer?

No. A complete notice can be sent by the rights holder or an authorised agent. It must identify the work, the infringing URL, and include the statements required by 17 U.S.C. § 512(c)(3).

Guide

Adult content rights and consent: what the rules actually require

Last updated October 20, 2026

Adult media involves two separate sets of rules: who owns the work, and who consented to be in it. A copyright licence does not prove consent, and a consent form does not transfer ownership. A publisher needs a clear answer to both questions before a scene goes live.

Copyright: who can authorise the use

Copyright protects the recording, the edit, and the other original elements of the work. The owner can license those rights, usually in writing. A licence should identify the work, the permitted uses, the territory, the duration, and whether the licensee can sublicense. “I found it online” is not a licence. A credit is not a licence either, although it may be a condition of one.

Consent: who agreed to be in it

Consent is personal. Every performer must be an adult and must agree to the specific release. A general release signed years ago may not cover a new edit or a new distribution channel. Consent can be withdrawn for future use, and a publisher should have a process for acting on that. A performer’s request to remove a scene is not an inconvenience; it is part of the deal.

Record-keeping: 18 U.S.C. § 2257

In the United States, 18 U.S.C. § 2257 imposes record-keeping duties on producers of certain sexually explicit content. The producer must verify that performers were adults, keep the records, and identify a custodian. The statute is not a substitute for consent, and it does not apply only to large studios. If a site hosts this kind of content and cannot explain its records, that is a red flag.

DMCA: removing a copy

The Digital Millennium Copyright Act gives a rights holder a route to remove an infringing copy from a host. A notice under 17 U.S.C. § 512(c)(3) should identify the work, the infringing URL, the complainant, and include the required good-faith and accuracy statements. A host that receives a valid notice must act expeditiously. A counter-notice exists for the uploader, but it does not automatically restore the material.

RTA and age labelling

The RTA (Restricted to Adults) label is a voluntary meta tag that helps parental filters identify adult sites. It is not a legal shield and it does not replace an age gate. It is one signal among several. A site that claims to be adult-only should also avoid serving explicit media to a visitor who has not confirmed they are an adult.

What we require

AmateursVideo does not publish media today. Before a listing can go live, we require a written licence from the rights holder, proof that the applicant controls the source, and a documented consent and age record for every performer. If we ever host media, we will publish the required 2257 records and name a custodian before the first file is served. Our rights and consent policy sets out the process, and our DMCA page explains removal.

Common questions

What is 18 U.S.C. § 2257?: It is a U.S. federal record-keeping statute. Producers of certain sexually explicit content must create and maintain records proving that every performer was an adult, and must identify a custodian of those records. It is separate from copyright and from the performer’s consent to distribution.
Is consent the same as a copyright licence?: No. A licence lets someone use the work. Consent is the performer’s agreement to take part and to the release. A valid project needs both, and a licence from a producer does not replace a performer’s consent.
What should I do if my video was reuploaded?: Send a takedown notice to the host, starting with the platform’s copyright or consent form. Keep the URL and a screenshot. If the host does not respond, contact the creator’s platform and, where relevant, a lawyer in your jurisdiction.
Does a DMCA notice require a lawyer?: No. A complete notice can be sent by the rights holder or an authorised agent. It must identify the work, the infringing URL, and include the statements required by 17 U.S.C. § 512(c)(3).