02-11-2003, 02:36 PM
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Confirmed User
Join Date: Jan 2003
Location: Illinois
Posts: 408
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Quote:
Originally posted by AaronM
The only thing you need to CYA is for the license agreement to clearly define who the custodian of records is. If you want additional comfort then request the ID of the model as well. The model release is designed to protect the photographer and allow the resale or publication of the images by the producer. Again, this is a liability that the producer assumes just like age documentation.
A content provider should be responsible for providing more than just the images. Their job is also to provide records to the proper authorities if/when requested. This is solely their responsibility and should be considered part of the overall service to their clients.
I have spent a lot of money on attorneys fees in order to have my documents drawn up and a complete file system layed out for me. If you want to be really technical, having a single copy of the 2257 docs does not make you compliant with the law anyway....especially when most people are stating that name and address info be omitted.
"Sec. 2257. Record keeping requirements
Paragraph B:
(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct -
(1) ascertain, by examination of an identification document
containing such information, the performer's name and date of
birth, and require the performer to provide such other indicia of
his or her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the
information required by paragraphs (1) and (2) of this subsection
and such other identifying information as may be prescribed by
regulation. "
What that means....the bold part specifically....Is that you are required by law to not only have their real name but also ANY other names they have gone by. Even if the real name is not blocked out, you are still not compliant in most cases because you 1: have not examined the original document yourself, and 2: You do not know what other names she may have gone by.
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Thanks!  |
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