Quote:
Originally posted by TheDoc
1) If I have purchased content from other countries and that producer tells me he will not provide the 2257 info because of privacy laws within that country, what can I do? Do I have to remove that content? Can I state who has the records if I don?t have it?
2) Some of our exclusive content was shot out side the U.S. While we have driver?s licenses for the person we don?t have passports for 95%. Does the ID have to be U.S. issued/passport or will the licenses from another country be enough?
3) Some major U.S. producers (exp: vca, etc) have stated that they will not be giving out 2257 info. Even after showing them the law and explaining it to them. Much like the first question, do I remove it or just link who has it?
4) Can I store records on a local PC and not keep the hard copies?
5) If I provide a Webmaster with free content and the 2257 info. Do I have to list the URL?s he places my content on?
6) Do I have to match URL?s for each picture or will an overall listing of URL?s that a model is displayed on?
7) If I receive 2257 info on content I purchased, for a model, but it doesn?t look like the model in her picture. It would seem that the record is not correct. Who is held liable for providing improper information?
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i am not an attorney, but here's my opinion:
1) If you don't get the 2257 info for content you put on a website then you do open yourself up for 2257 prosecution, for which you won't have a defense, since you don't have the documentation.
2) If someone shot exclusive content for you, you are the primary record keeper, and you are required to have model ID, which for out of the country is a passport that you can read the birthdate and name. if you don't have this, then the content will no good to you in the US.
3) along with answers above, Sundance vs. Reno was one case that showed that secondary record keepers don't have to have actual records. The new regulations specfically say otherwise. It will have to be tested in court. I feel it is quite burdensome and a serious privacy issue for content people to hand out model ID info.. some won't do it and i don't know the consequences of it, since it doesn't exactly say they HAVE to do it.. it just says you CAN accept. So DOJ may look at it and feel that IF you cannot get the docmentation, then you made the choice to use the content anyways, and that content be of under 18 models, and that you recklessly disregarded the law.
4) the new regulations specifically state that digital versions are acceptable. paper is always good as a backup, as is having an electronic backup
5) given what the new reg says yes, but's just impossible to comply with that and most likley that one will get thrown out.
6) yes, and that's where 2257lookup.com comes in to help websites out with that problem.
7) being on the frontline, they come to you first.. you have bad records, you get to deal with DOJ and prosecution charges. DOJ could say to you that you could have looked at the model ID to verify the age and that the informaiton presented matched the model in the pictures. If convicted, you really won't have much way to sue a content producer for the bad records... DOJ would go to them next and they would have to answer them on the bad records.
The current 2257 statue provides for a way to record your content, and overall, is not that bad.. it does require spending some time and money to record everything, but it's no different than a warehouse or store that has to catalog their inventory.
The new regs put in alot of specific and vague new things, that do make it much more burdensome for both webmasters and content producers.
You can sit back and hope you are not the first case, and wait for attorneys to challenge this all the way to the supreme court, or, you can attempt to comply with EXISTING 2257, as well as best you can with the new regulations.
Compliance with CURRENT 2257 is a must.
This is where you do need an attorney who can look at how you specifically do business, and give you guidelines as to what you need to do.
If you need a 2257 attorney referral, let me know.
-brandon