2257... A what if? - GoFuckYourself.com

LightscapeMedia · 02-14-2012, 07:09 PM

Just a curious question about 2257. If you produce tangible items that require compliance, can you be held criminally liable if your custodian changes since you obviously cannot retrieve previously sold items to update the information.

mikesouth · 02-14-2012, 07:24 PM

In a word yes

it is incumbent upon you to have the records for inspection therefor if you use a third party...keep backups and choose wisely

LightscapeMedia · 02-14-2012, 07:25 PM

Quote:

Originally Posted by mikesouth

In a word yes

it is incumbent upon you to have the records for inspection therefor if you use a third party...keep backups and choose wisely

Ok.. so what if you don't use a 3rd party and your office moves?

DBS.US · 02-14-2012, 07:27 PM

lo0ni · 02-14-2012, 07:28 PM

This is the kind of question you should email or call a lawyer about. Most of them will be able to give you a yes/no answer free of charge.

They will, however, charge you for advice on how to become compliant with this issue.

I have a feeling that they will tell you; yes, you can be held criminally liable.

(e)
(2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.

(f) It shall be unlawful—

(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section;
(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) of this section or any regulation promulgated under this section;
(3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection;

V_RocKs · 02-14-2012, 07:41 PM

Your chance for inspection if all models appear over age of 20 : less than 1 in a million.

raymor · 02-14-2012, 07:42 PM

Indeed, little to no chance of inspection, but still it's an interesting question.

lo0ni · 02-14-2012, 07:54 PM

You most likely will never be inspected, but remember you will be committing a felony/felonies.

One thing I've always wondered was if someone happens to be found guilty on thousands of 2257 violations, are the sentences more likely to be served concurrently?

Sorry, don't mean to be fear mongering.

DBS.US · 02-14-2012, 07:55 PM

The younger your models look, the higher your risk:2 cents

topnotch, standup guy · 02-14-2012, 08:09 PM

If I understand this correctly, the OP is talking about 2257 contact info printed on and included in a tangible item such as a DVD sold in stores.

Common sense would clearly indicate that that information need be only be current up to and including the day that those DVD's were pressed and packaged.

Let's not get paranoid here everybody.

.

Barry-xlovecam · 02-14-2012, 09:25 PM

Quote:

28 CFR 75.2 - Maintenance of records,

(c) The information contained in the records required to be created and maintained by this part need be current only as of the date of original production of the visual depiction to which the records are associated ...

http://www.law.cornell.edu/cfr/text/28/75/2

Answer is; as of the date of the production of the depiction.

lo0ni · 02-14-2012, 10:31 PM

Quote:

Originally Posted by Barry-xlovecam

Answer is; as of the date of the production of the depiction.

Paragraph c seems to be addressing the information within the actual 2257 records, as described in sections 1 and 2.

So far the section reads;

Any producer of sexually explicit material must create and maintain records that contain the legal name, all other names used by the performer and the date of birth of each performer.

These records must be created and maintained alphabetically by the legal name of the performer and must be indexed and cross referenced to each alias. The primary producer may blank out unnecessary information before sending copies to a secondary producer.

The information within the records created by the primary producer need only to be as current as the date of the original production.

I don't believe that anything within this section would apply to his problem, as the only custodial provision that I can find here is in paragraph h.

Of course, I'm not a lawyer, so you can take my interpretation with a grain of salt.

02-14-2012, 07:09 PM	#1
LightscapeMedia DirtyPeach.com Industry Role: Join Date: May 2010 Location: I'm mobile Posts: 828	2257... A what if? Just a curious question about 2257. If you produce tangible items that require compliance, can you be held criminally liable if your custodian changes since you obviously cannot retrieve previously sold items to update the information. __________________

02-14-2012, 07:24 PM	#2
mikesouth Confirmed User Industry Role: Join Date: Jun 2003 Location: My High Horse Posts: 6,334	In a word yes it is incumbent upon you to have the records for inspection therefor if you use a third party...keep backups and choose wisely __________________ Mike South It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

02-14-2012, 07:27 PM	#4
DBS.US Geo Cities Industry Role: Join Date: Aug 2003 Location: North Captiva Island, Florida USA Posts: 11,831	__________________ Make a Free Chaturbate White Label site in 34 minutes and be making money tonight

02-14-2012, 07:55 PM	#9
DBS.US Geo Cities Industry Role: Join Date: Aug 2003 Location: North Captiva Island, Florida USA Posts: 11,831	The younger your models look, the higher your risk:2 cents __________________ Make a Free Chaturbate White Label site in 34 minutes and be making money tonight

02-14-2012, 08:09 PM	#10
topnotch, standup guy Confirmed User Industry Role: Join Date: Mar 2008 Location: Here and there. Posts: 1,562	If I understand this correctly, the OP is talking about 2257 contact info printed on and included in a tangible item such as a DVD sold in stores. Common sense would clearly indicate that that information need be only be current up to and including the day that those DVD's were pressed and packaged. Let's not get paranoid here everybody. . __________________ A hard dick has no conscience. Last edited by topnotch, standup guy; 02-14-2012 at 08:11 PM..

02-14-2012, 07:28 PM	#5
lo0ni Confirmed User Industry Role: Join Date: Dec 2011 Posts: 148	This is the kind of question you should email or call a lawyer about. Most of them will be able to give you a yes/no answer free of charge. They will, however, charge you for advice on how to become compliant with this issue. I have a feeling that they will tell you; yes, you can be held criminally liable. (e) (2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section. (f) It shall be unlawful— (1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section; (2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) of this section or any regulation promulgated under this section; (3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection;

02-14-2012, 07:41 PM	#6
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,409	Your chance for inspection if all models appear over age of 20 : less than 1 in a million.

02-14-2012, 07:42 PM	#7
raymor Confirmed User Join Date: Oct 2002 Posts: 3,745	Indeed, little to no chance of inspection, but still it's an interesting question.

02-14-2012, 07:54 PM	#8
lo0ni Confirmed User Industry Role: Join Date: Dec 2011 Posts: 148	You most likely will never be inspected, but remember you will be committing a felony/felonies. One thing I've always wondered was if someone happens to be found guilty on thousands of 2257 violations, are the sentences more likely to be served concurrently? Sorry, don't mean to be fear mongering.