18 U.S.C. 2257 Custodian of Records Statement
Free template. Not legal advice. This document is a starting point only. Laws differ by state and country, and platform and payment processor rules change often. Have a licensed attorney in your jurisdiction review it before you use it. Using this template does not create an attorney-client relationship with anyone. Released under CC0 1.0 (public domain): copy, change and share it freely, no credit needed.
How to use this template: Producers post this statement on their website (usually a page linked from the footer of every page) or with each piece of content, so the location of the age and identity records is clear. Pick the version that fits you, replace every item in [BRACKETS], and delete the version you do not use. Use a street address. A P.O. box is not allowed.
Version 1: Primary producer (you recorded the content)
18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
All models, actors, actresses and other persons who appear in any visual depiction of actual or simulated sexually explicit conduct appearing on or otherwise contained in [WEBSITE OR PAGE NAME] were over the age of eighteen years at the time the depictions were created.
The records required by 18 U.S.C. 2257 and 28 C.F.R. Part 75 for all such content produced by [PRODUCER LEGAL NAME] are kept by the following Custodian of Records:
[CUSTODIAN NAME] [PRODUCER LEGAL NAME] [CUSTODIAN ADDRESS] [CUSTODIAN CITY, STATE OR REGION, POSTAL CODE] [CUSTODIAN COUNTRY]
Records are available for inspection during these hours: [DAYS AND HOURS, AT LEAST 20 HOURS PER WEEK].
Date of production for each depiction: [SEE THE DATE SHOWN WITH EACH VIDEO / LISTED BELOW]
Version 2: Content with more than one producer
Some depictions on [WEBSITE OR PAGE NAME] were produced by others. For each depiction, the records required by 18 U.S.C. 2257 are kept by the producer named with that content, at the custodian address shown with it:
| Title or ID | Date of production | Producer | Custodian name and street address |
|---|---|---|---|
| [TITLE OR PRODUCTION ID] | [DATE OF PRODUCTION] | [PRODUCER LEGAL NAME] | [CUSTODIAN NAME], [CUSTODIAN ADDRESS] |
Version 3: Exempt content (no sexually explicit content)
All visual depictions on [WEBSITE OR PAGE NAME] are exempt from the record-keeping requirements of 18 U.S.C. 2257 and 28 C.F.R. Part 75 because they do not depict actual or simulated sexually explicit conduct as defined by law. [OPTIONAL: ALL PERSONS SHOWN WERE 18 OR OLDER WHEN THE DEPICTIONS WERE CREATED.]
Checklist before you publish this statement
| Check | Done |
|---|---|
| Custodian is a named person, with a street address (no P.O. box) | [ ] |
| Hours of availability are listed | [ ] |
| Statement is linked from every page with explicit content, or attached to each depiction | [ ] |
| Date of production is shown or traceable for each depiction | [ ] |
| Records at that address are complete for every performer in every depiction | [ ] |
| Address matches the address in your contracts and business filings | [ ] |