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Jane Doe Deer
Jane Doe Deer, Attorney
Category: Business Law
Satisfied Customers: 3864
Experience:  Atty since 1986. Real estate, tax, and other business law questions
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Alright, now I have a business in plans, that sells Manga.

Customer Question

Alright, now I have a business in plans, that sells Manga. Its a comic book that caters to normal customers, and the gay audience base. Now, while selling normal comic books is not against the law, im curious if comic books like this

http://www.aaaanime.com/item/Books/0976744147.html

meant for a 18 and over base, is illegal to sell without some kind of paperwork or permit. What do I need to do to legally sell items like this.

Another tie in. Is animated porn, ie hentai, or mangas like this termed "art" instead of porn?
Submitted: 6 years ago.
Category: Business Law
Expert:  Jane Doe Deer replied 6 years ago.

Hello and thanks so much for writing to me. I will need just a little bit more information before I can respond:

I tried to open your link, but it took me to something that said expired. Can you just describe your comic books?

Coincidentally, I have a client - Softpaw - that sells comics of young "furry" animals and had asked me about child pornography laws vis a vis their comic books. So, I have a background already.

I'll look forward to your response!

BTW, sometimes there can be a delay of many hours before I can get back to you. Be patient; I won't forget you, and I can usually respond within no more than 8 hours.

Merry

Customer: replied 6 years ago.
Reply to Merry A. Kogut's Post: well the comics in question depict male/male relations.

normally if a real person were shown doing this, it would be considered porn.

but if a drawn character is depicted this way, is it still under scrutiny for "porn" or is it considered "art" therefore I wouldn't need a license/permit/paperwork?

(there was a court case about computer generated photos of child porn acts; while it was heinous in the ruling, there was relevance to it that works of "art" were not real people, so would violate the 1st amendment right to free speech, or I am being told.

so if this is the case, would it be legally sound to sell this item in question, with a disclaimer stating that the comic in question is for 18 and up, and leave it at that?

--In the US if im understanding right has a law enacted that prevents simulation of child pornography in any form...however it was argued against that it wasn't constitutional in the ruling.

as long as it didn't depict a real person being harmed it was ok
Expert:  Jane Doe Deer replied 6 years ago.

I'd go for the 18 and up, or even 21 and up to play it extra safe.

I am sure you're protected under free speech provisions. However, I'm about to go to sleep, so we should finish this conversation over the weekend. I know the case to which you're referring.

Customer: replied 6 years ago.
Reply to Merry A. Kogut's Post: Had you not sent that junk email, I would have accepted.

If you feel you are going to add more to this answer, do that before you send it. Now I know your just looking for the higher paying advice questions. Do yourself a favor and dont bother.
Expert:  Jane Doe Deer replied 6 years ago.

Excuse me, but what junk mail? I've very interested in questions such as yours that raise First Amendment questions. I don't know what I did that offended you, or how - I'd certainly like to know what I did so I don't repeat it.

I'm certain that for drawn characters of adults, you're protected under the first amendment.

Customer: replied 6 years ago.
HiCustomer

I hope my advice on your business law question was helpful. I just noticed that you haven't accept my answer yet.

You've already paid a deposit. However I'm not paid until you accept my answer.

To review your answer, go to the answer page my answer ( http://business-law.justanswer.com/questions/17gxn-alright-business ) and click the Accept button.

If my response wasn't what you needed, please click

the Reply button

and tell me why. That way I can help you better, or find another Expert who can.

Thank you for using Just Answer,

Best,

Merry A. Kogut
Attorney
WA State Attorney since 1986; Business Planning and Contracts Interest
Customer: replied 6 years ago.
The method in delivery was bad timing. If the word was to be carried through the weekend, someone needs to leave that email for maybe two days after the person finishes.

the fact that it was attached to your name didnt help it none.

I anticipate you do this for a little side money, and your time is valuable. However, I dont like to hear about the transaction until after the conversation is finished.

simple and strait forward.

So in view of the question, in your opinion you believe that material that depicts male/male relations but is depicted in comic book form just requires a disclaimer for 18 and up, 21 in some cases, and that will suffice?

in that case no paperwork needed with the state?
Expert:  Jane Doe Deer replied 6 years ago.

Yes, that will suffice.

I've only been with Just Answer for a week, so I'm sorry, I must have clicked on something prematurely.

Customer: replied 6 years ago.
Reply to Merry A. Kogut's Post: Careful with that, others will feel worthless if you do it prematurely.

Money is a touchy subject.
Expert:  Jane Doe Deer replied 6 years ago.
True enough. But there's a bit of a learning curve with the computer system here. There's a few things I can't do that I'm used to with regular email. :)

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