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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
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Shooting models with foreign and 2257
as a US based company whats the rule for shooting foreign models with only foreign ids?
can a us based company legitimately sell that content on dvd / web etc without breaking any major rules? any lawyers input much appreciated.... |
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#2 | |
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The bigger concern is payment and how the income/expense is reported to the IRS and whether or not they have a permit to work in the US if you are paying them in the US.
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#3 |
So fuckin' bored
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Since foreign ID's are accepted in the US (you can rent a car/room/house, you can drive, open a bank account, buy alcohol etc), then what's the problem with 2257? The international passports and driver ID's have the unified format, so they can be used almost anywhere for anything.
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#4 | |
So fuckin' bored
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#5 | |
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If you are shooting outside of the US, the ID origin does not matter.
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#6 |
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So if I gonna rent and drive a car inside the US (as a non-American) I need to have the US ID? Wrong. I don't need it. The same works for everything else. An international passport is a legit ID anywhere and it doesn't matter where it was issued.
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#7 |
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The laws for renting a car in the US have nothing to do with 2257 and record keeping requirements.
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#8 | |
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The Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding, is used by foreign persons (including corporations) to certify their non-U.S. status. The form establishes that one is a non-resident alien or foreign corporation, to avoid or reduce tax withholding from U.S. source income, such as rents from U.S. property, interest on U.S. bank deposits or dividends paid by U.S. corporations. The form is not used for U.S. wages and salaries earned by non-resident aliens (in which case Form W-4 is used), or for U.S. freelance (dependent personal services) income (in which case Form 8233 is used). The form requires the foreign person to provide a U.S. Taxpayer Identification Number unless the U.S. income is dividends or interest from actively traded or similar investments. Other W-forms handle other international issues. The IRS released a new version of W-8BEN in February 2014 that required corporations to sign an W-8BEN-E form instead, which was still in draft status. For foreign corporations it was unclear, whether they were required to sign the previous W-8BEN form (established in 2006) or to sign the draft version of W-8BEN-E. They need to do a w4.
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#9 |
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You need a special permit if you want to drive a car in the US if you're a Non-US citizen with a license/passport. With the exception of Canada I believe.
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#10 | |
So fuckin' bored
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No I don't need any permits. I was to the USA and rented cars there. Had no problems with renting companies nor with the US police across the country (those were always very nice to me when I told where I'm from). A standard Russian driving license was the only ID I needed (nobody has asked me for a passport) + I've paid for the car insurance of course.
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#11 | ||
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Near the top of that page is a tab that says "Authorities (CFR)". That is the Code of Federal Regulations that pertain to USC 2257. Click that tab and you will see all of the CFR's that need to be observed. There is only one listed: 28 CFR Part 75 From there, observe 28 CFR 75.2, which outlines the "Maintenance of Records". § 75.2 Maintenance of records, says in part, that a "picture identification card" must be presented by the model. § 75.1 Definitions, defines exactly what a "picture identification card" is, as it pertains to USC 2257 and 28 CFR Part 75: Quote:
Now, you can interpret that any way you'd like, but it's pretty clear to me. You were saying?
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#12 | |
So fuckin' bored
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#13 | |
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Its up to you if you close your eyes on this legal fact .... If you are shooting a model for pay, the foreign model is required to have the legal right to work in the USA, either by being a US Citizen, Permanent or Temporary Residence, or having any number of Visa's which give them the right to work in the US. What some of the well know modeling agencies do, is drive their girls to States like Arizona, where the local DMV does not seem to care about legal status of the foreigner, and simple issue a AZ ID card. While having possession of the AZ ID does not entitle the foreign model to work legally in the US, the agencies and producers attempt to plead ignorance by stating "jee I have no idea she didnt have the legal right to work in the USA- she presented me with a AZ ID - I thought this was enough."
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#14 | |
Clips still sell!
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You could get a prepaid debit card without the SS number. On another note, try opening a foreign bank account with a U.S. Passport these days. Most banks just look at you and laugh. They want nothing to do with the onerous paperwork that comes with FATCA. |
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#15 | |
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#16 | |
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#17 | |
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ExtremeBank_Adam's answer probably nails it. But perhaps, maybe, there may be a non-obvious work around for at least certain foreign performers. Some of them are admitted entry into the US only after obtaining a US Visa, depending on their nation of origin. They obtain that visa by bringing a passport to a US consular service location overseas, proving identity, getting photographed, and paying a fee. The visa is placed into the passport of the alien by US State Department officials and has the form and purpose of an identification document when presented at Customs. It looks like this: us visa - Bing Images Hard to imagine why that Visa, stamped into the alien performer's passport, does not meet the definition of a "Picture Identification card" within the meaning of Section 75.1 (b) of the Regulations. You'll find the current regs at XXXLAW - Section 2257 - Text of Regulations and this link will lead to the statute, regs, court decisions, and even audio recordings of oral argument in cases about Section 2257: XXXLAW - Section 2257 - 2257 HOME PAGE |
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#18 |
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You've now left my free tour area.
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#19 | |
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#20 |
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Originally Posted by ilnjscb View Post
Which, if the party attempting to bring charges was bent on doing so, would not be enough. The onus is on the producer to know and comply with the law. Whether or not it IS enforced is immaterial to the consideration of whether it COULD be enforced. I have no idea what ilniscb is saying or what Nalem agrees with, it doesn't appear to make any sense at all. There is no "party attempting to bring charges". No one can be prosecuted for a felony under the United States constitution except upon presentment to and a favorable return from a Grand Jury in the district where the offense was alleged to be committed. It is the United States alone, the Department of Justice in particular, that has the right to present matters to a Grand Jury. Federal felonies are crimes, not private causes of action that would give rise to a private cause of action, if that's the meaning. |
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#21 |
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I can't add much that hasn't already been said about IDs. Be aware that the US govt is big on human trafficking now. I've been interviewed by the US Senate Subcommittee on Human Trafficking about trafficking in adult.
Bringing models in from foreign countries to work in the US is a violation of immigration law. Customs and ICE watch out for this and numerous models are already on their watch list and often get turned away at the entry point and sent home on the next plane. Often they are not only refused entry but are also not allowed to re-enter the US on any type of VISA for up to 10 years. If you're paying for that plane ticket it is a roll of the dice whether you will be wasting your money. This issue has come up numerous times in my practice. I even had a US model denied a entry in a EU country for a vacation because that country's custom officer didn't believe the model that they weren't working. Social media has made this situation even worse. Models routinely discuss their shoots and flying in/out of the US for work. |
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#22 | |
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It used to be easier but 911 changed all that making foreign banks actually conform to the wishes of the US government who actually wants to assure that you pay all the taxes you can and not make it easy to move money out of the good ole U S of A. |
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#23 | |
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#24 |
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I don't want to sound like a perv or nothing but does anyone else get as much of a chubby as I do when the industry's sexiest attorneys come in here and bust it out no charge?
![]() Thanks you guys!
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#25 | |
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#26 | |
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#27 | |
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Remind me never to ask you for legal advice, or to buy content from you. ![]()
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#28 | |
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![]() BTW, Joe Obenberger told the same thing as me: the US visa for foreigners is a valid US-issued ID.
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#29 | |
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I know. I was joking.
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#30 |
I am Amazing Content!
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countries with visa waiver program do not have picture visas, those people have just non-US picture ids
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#31 | ||||
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How to See Exactly Where a Photo Was Taken (and Keep Your Location Private) Quote:
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