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Old 08-08-2004, 07:00 AM  
majortom
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Join Date: Mar 2004
Location: SEA
Posts: 445

Quote:
Originally posted by Kimmykim
Nope, government issued ID's such as passports or driver licenses or state ids are fine.
Yes, Kimmikin, you a re right. I have confirmation.

From Ynot

Webattorney

http://chat.ynotmasters.com/legal/Ch...70&Site_ID=leg


The initial interpretation of the proposed 2257 regulations, pertaining to the passport requirement for foreign models, may be incorrect. It first appeared to many of the industry attorneys and professionals, myself included, that only a passport would be permitted as the sole acceptable form of ID for foreign models. Upon closer reading, it appears that a passport is only required in limited circumstances, where the ID documents otherwise allowed by the statute do not contain a recent and recognizable picture of the model.

The relevant section states:

(a) Any producer of any book, magazine, periodical, film,
videotape, computer-generated image, digital

[[Page 35552]]

image, picture, or other matter that contains one or more visual
depictions of actual sexually explicit conduct made after November 1,
1990, shall, for each performer portrayed in such visual depiction,
create and maintain records containing the following:
(1) The legal name and date of birth of each performer, obtained by
the producer's examination of an identification document, as defined by
18 U.S.C. 1028(d)(3). For any performer portrayed in such a depiction
made after May 26, 1992, the records shall also include a legible copy
of the identification document examined and, if that document does not
contain a recent and recognizable picture of the performer, a legible
copy of a picture identification card.


This appears to mean that if the government-issued ID documents obtained from the model do include a "recent and recognizable picture of the performer" then any form of government-issued ID defined in 18 U.S.C.
1028(d)(3) [including a drivers' license] is acceptable, and a passport is not required. If the current documents do not include such a picture, then the producer must have a "copy of a picture identification card" which, in the case of a foreign model, under the new regulations, only a passport is allowed.

While the regulation is not a model of clarity, I believe this is a reasonable interpretation. These complex wrinkles reinforces the need for legal advice on any 2257 issue.
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