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Think about it, if I run a porno shop do I need 2257 docs for all the models in the movies I sell, rent or show in the private booths? No. Yet if I have the EXACT SAME movies on my website I do? Does this follow any logic whatsoever? The only people that know the girl is over 18 is the original producer.
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Part of 2257 is so that not only can the DOJ/FBI determine the age of a performer, but it is also to be able to remove the underage content quickly from the open market. Having secondary producers keep records is a way of acheiving that goal. I dont buy it, but its their plausible excuse. The reason why the analogy doesnt work with a porno shop is because if XXX DVD Company sells a movie, they usually have records as to who they sold movies to and thus a sale involving a underage model can be traced to a store with a request that the movie be pulled off the shelf.
Without giving docs to secondary and without keeping records of whom gets that content, if XXX Internet Company shoots an underage model there may be no way of knowing to whom the content has been distributed and it cannot be removed from the market.
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So, according to the new regs, if you thumbnail and host on your server and/or make even the slightest modification to a tiny file, are you then a secondary producer?
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You are the secondary producer as soon as you host the thumbnail. Modifications make no difference in that analysis. The modification analysis really only applies to ISPs/tubes/social networking sites and whether they monitor/alter the content thus making them liable as a secondary producer.
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I can agree to a point on that. However, your point becomes tainted when it's used purely to shill your own service. But that wouldn't have been your original reason for starting this thread, would it...?
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Its more about education than shilling. But if someone learns something about 2257 and decides that
www.2257Safe.com is a good investment I wont complain.
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They certainly are not going to look into any website or webmaster, who is foreign, in regards to if he is 2257 compliant or not.
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Thats true and Agent Joyner even said as much at the 2007 Hollywood XBiz show.
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I also don't think the powers that be will do large scale inspections. Like they did with the DVD industry, they may do a few, rattle a cage here or there, and then find better things to do.
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They do, but one inspection of a large program/sponsor could result in violations by hundreds of affiliates. A sweep resulting in hundreds/thousands of sites being shut down would appeal to the conservative right wing. A DVD company inspection will only amount to one company being in violation. Not that sexy.
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I have, and it is not a pleasant experience, and if it does ever happen to you you'd appreciate any good advice you could get from an attorney...
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Thank you. I have been in many jails on visiting side of the bars and it is not a fun place to be even to visit. Not many in the industry have had that experience and I suppose that is why they are not too concerned with most of laws. Most people I advise are standing on the shoulders of giants -- the guys that did spend time in jail fighting for First Amendment rights so that those on this board can make money off an industry that a mere 20 yrs ago was completely illegal.