Can your attorney be the custodian of records for your site? - GoFuckYourself.com

fsfaz · 12-13-2003, 06:41 PM

I'm pretty sure this is ok, don't want to call my attorney and bill another 15 minutes for a 30 second call.

What do you think it's worth as well? I suppose if he already has a retainer it's covered only if somebody inquires? How should I propose it to him?

LadyMischief · 12-13-2003, 06:44 PM

Not unless your attourney is directly involved with your company (as in works for you and only you) and is on site with the records in your place of business.. Go do some more research into custodial duties. Some people DO go this route, however it's not really in compliance with the law. Go read it, it's pretty clear. Having him have a COPY of the records with you as the primary custodian though is a damn good idea.

fsfaz · 12-13-2003, 07:19 PM

Quote:

Originally posted by LadyMischief
Not unless your attourney is directly involved with your company (as in works for you and only you) and is on site with the records in your place of business.. Go do some more research into custodial duties. Some people DO go this route, however it's not really in compliance with the law. Go read it, it's pretty clear. Having him have a COPY of the records with you as the primary custodian though is a damn good idea.

LadyMischief,

Interesting. I would have thought it would have been fine. He will definitely have a copy of the ID's and Releases but there has to be around posting my personal name on the websites. What I find interesting is that he has to work for me and only me to be legal. That seems a little out there.

What if he is an owner of the biz? I'm sure I would work out a stock deal.

I'll do some research.

Thanks LadyM.

Stud Money · 12-13-2003, 07:19 PM

why dont you ask ......

your attorney

Imageauction · 12-13-2003, 08:05 PM

http://frwebgate.access.gpo.gov/cgi-...01&TYPE= TEXT

TITLE 28--JUDICIAL ADMINISTRATION

CHAPTER I--DEPARTMENT OF JUSTICE (Continued)

PART 75--CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 1990; RECORD-KEEPING PROVISIONS--Table of Contents

Sec. 75.4 Location of records.

Any producer required by this part to maintain records shall make
such records available at the producer's place of business. The business
address shall refer to a street address and not to a post office box
number. Such records shall be maintained as long as the producer remains
in business. If the producer ceases to carry on the business, the
records shall be maintained for five years thereafter. If the producer
produces the book, magazine, periodical, film, videotape or other matter
as part of his control of or through his employment with an
organization, records shall be made available at the organization's
place of business. If the organization is dissolved, the individual who
was responsible for maintaining the records on behalf of the
organization, as described in Sec. 75.6(b), shall continue to maintain
the records for a period of five years after dissolution.

Its pretty clear on where the records should be, the question is do you want to be in literal compliance with the law or try to argue your way out of it saying you were sorta in compliance. Unless your attorney work's at your place of business, his office is not in compliance with the law.

- AFN - · 12-13-2003, 10:47 PM

Read 2257 again... it has to be YOUR address.

fsfaz · 12-14-2003, 02:18 AM

Quote:

Originally posted by Stud Money
why dont you ask ......
your attorney

Did you read my post? First I post here before I get billed $100 for 15 minutes that's really 8.

fsfaz · 12-14-2003, 02:26 AM

Quote:

Originally posted by Imageauction
http://frwebgate.access.gpo.gov/cgi-...01&TYPE= TEXT

TITLE 28--JUDICIAL ADMINISTRATION

CHAPTER I--DEPARTMENT OF JUSTICE (Continued)

PART 75--CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 1990; RECORD-KEEPING PROVISIONS--Table of Contents

Sec. 75.4 Location of records.

Any producer required by this part to maintain records shall make
such records available at the producer's place of business. The business
address shall refer to a street address and not to a post office box
number. Such records shall be maintained as long as the producer remains
in business. If the producer ceases to carry on the business, the
records shall be maintained for five years thereafter. If the producer
produces the book, magazine, periodical, film, videotape or other matter
as part of his control of or through his employment with an
organization, records shall be made available at the organization's
place of business. If the organization is dissolved, the individual who
was responsible for maintaining the records on behalf of the
organization, as described in Sec. 75.6(b), shall continue to maintain
the records for a period of five years after dissolution.

Its pretty clear on where the records should be, the question is do you want to be in literal compliance with the law or try to argue your way out of it saying you were sorta in compliance. Unless your attorney work's at your place of business, his office is not in compliance with the law.

Well, here is my dilemma. I don't like posting my personal information. That's One.

Two, I do have a copy of the releases as well as the ID's that the content producers give to me (they do too of course). The problem is once you buy some semi unique content and put your 2257 info up, it's sold to another 100 webmasters.

I'm fucked.

fsfaz · 12-14-2003, 02:29 AM

Charly, WTF, u deleted your post?

Paul Markham · 12-14-2003, 02:29 AM

Why should putting up the 2257 info sell it to another 100 webmasters? Not trying to be funny just don't understand.

fsfaz · 12-14-2003, 02:32 AM

Quote:

Originally posted by charly
Why should putting up the 2257 info sell it to naother 100 webmasters? Not trying to be funny just don't understand.

Well, if you find some content or buy some content that isn't exclusive, (as many of us do at times) that is new or converts really well, other webmasters or affiliates will see the margins and run to your provider. Look at Matrix.

Basically, it's free advertising for you, the content provider. Not that I don't want you to make a buck but if it cuts into mine, I'm not hip.

SGS · 12-14-2003, 02:33 AM

Quote:

Originally posted by fsfaz

Did you read my post? First I post here before I get billed $100 for 15 minutes that's really 8.

Just pay the $100... It's tax deductable and worth its weight in gold.

fsfaz · 12-14-2003, 02:35 AM

Quote:

Originally posted by SGS

Just pay the $100... It's tax deductable and worth its weight in gold.

Oh, I do and will. Don't worry. Just wanted some input

Paul Markham · 12-14-2003, 02:45 AM

Quote:

Originally posted by fsfaz

Well, if you find some content or buy some content that isn't exclusive, (as many of us do at times) that is new or converts really well, other webmasters or affiliates will see the margins and run to your provider. Look at Matrix.

Basically, it's free advertising for you, the content provider. Not that I don't want you to make a buck but if it cuts into mine, I'm not hip.

I think you should have to keep the 2257 yourself then.

Quote:

If the producer produces the book, magazine, periodical, film, videotape or other matter as part of his control of or through his employment with an organization, records shall be made available at the organization's place of business.

Does not say Website but to me "or other matter" could be anything.

Stephen · 12-15-2003, 06:54 PM

Quote:

Any producer required by this part to maintain records shall make such records available at the producer's place of business. The business address shall refer to a street address and not to a post office box number.

The REAL problem is for "real" amateurs and other's whose "place of business" is "home." Home, then, is where your records must be kept, and home is the address you must publicly display.

If some psychopath pays a visit and tries to harm you, that's your tough shit for being in this business. I'm not trying to bust yer balls, mind you, but that is one more incentive that Uncle Sam provides for you to quit the biz right now...

*IF* they want to mess with you, 2257 is the easiest way to go - "kinda in compliance" can easily land you in jail, and don't think that "I didn't want people to know where I lived" will get much sympathy from the prosecutors - or the judge. The law is REAL clear on this point.

Also keep in mind that they can visit you at home (in this example) "during normal business hours" (arguably 9-5), and can enter without a warrant "to inspect your documents" - if they happen to see that resinated bong on your shelf, DON'T think that they'll turn a blind eye to it...

And Yes, I am the Custodian of Records for our real amateur content (though no one would mistake my 40 year old ass nor my 'nearly 40' wife for being 'underage.') I have been advised by council that if I am uncomfortable using my home address, then to get an office and be there 9-5 - or simply leave the biz - or face jail and a hefty fine.

Psychopaths? I'm armed and dangerous and have NO sense of humor about folks coming by and saying "I saw your wife on the Internet... eh eh he he

"

JFPdude · 12-15-2003, 06:59 PM

Quote:

Originally posted by fsfaz

Well, here is my dilemma. I don't like posting my personal information. That's One.

Two, I do have a copy of the releases as well as the ID's that the content producers give to me (they do too of course). The problem is once you buy some semi unique content and put your 2257 info up, it's sold to another 100 webmasters.

I'm fucked.

Thats like a mechanic saying he doesn't want to get greasy. If you don't like all the rules of the business then you have no business being in this business.

It amazes me how many people bitch about the rules ... didn't you look at the rules before you started doing this?

You already bought the content and still have to ask a legal question here? Didn't you consult an attorney before getting into a business such as this to find out what your risks were?

12-13-2003, 06:41 PM	#1
fsfaz Confirmed User Join Date: Apr 2003 Location: Hollyweird, CA Posts: 747	Can your attorney be the custodian of records for your site? I'm pretty sure this is ok, don't want to call my attorney and bill another 15 minutes for a 30 second call. What do you think it's worth as well? I suppose if he already has a retainer it's covered only if somebody inquires? How should I propose it to him?

12-13-2003, 06:44 PM	#2
LadyMischief Orgasms N Such! Industry Role: Join Date: Sep 2002 Location: Oakville, Ontario Posts: 18,135	Not unless your attourney is directly involved with your company (as in works for you and only you) and is on site with the records in your place of business.. Go do some more research into custodial duties. Some people DO go this route, however it's not really in compliance with the law. Go read it, it's pretty clear. Having him have a COPY of the records with you as the primary custodian though is a damn good idea. __________________ ICQ 3522039 Content Manager - orgasm.com [email protected]

12-13-2003, 08:05 PM	#5
Imageauction Confirmed User Join Date: Dec 2002 Location: Tampa Posts: 355	http://frwebgate.access.gpo.gov/cgi-...01&TYPE= TEXT TITLE 28--JUDICIAL ADMINISTRATION CHAPTER I--DEPARTMENT OF JUSTICE (Continued) PART 75--CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 1990; RECORD-KEEPING PROVISIONS--Table of Contents Sec. 75.4 Location of records. Any producer required by this part to maintain records shall make such records available at the producer's place of business. The business address shall refer to a street address and not to a post office box number. Such records shall be maintained as long as the producer remains in business. If the producer ceases to carry on the business, the records shall be maintained for five years thereafter. If the producer produces the book, magazine, periodical, film, videotape or other matter as part of his control of or through his employment with an organization, records shall be made available at the organization's place of business. If the organization is dissolved, the individual who was responsible for maintaining the records on behalf of the organization, as described in Sec. 75.6(b), shall continue to maintain the records for a period of five years after dissolution. Its pretty clear on where the records should be, the question is do you want to be in literal compliance with the law or try to argue your way out of it saying you were sorta in compliance. Unless your attorney work's at your place of business, his office is not in compliance with the law. __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

12-13-2003, 10:47 PM	#6
- AFN - Confirmed User Join Date: Jun 2003 Location: NYC Baaaabeee Posts: 3,101	Read 2257 again... it has to be YOUR address. __________________ cat cash* \| tr -d '\r' \| tr -s '/n' > money

12-14-2003, 02:29 AM	#10
Paul Markham Too old to care Industry Role: Join Date: Jun 2001 Location: On the sofa, watching TV or doing my jigsaws. Posts: 52,943	Why should putting up the 2257 info sell it to another 100 webmasters? Not trying to be funny just don't understand. __________________ Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500. PM me for a deal. Skype Paulmarkham70

12-13-2003, 07:19 PM	#4
Stud Money So Fucking Banned Join Date: Sep 2003 Location: Somewhere between my monitor and my chair Posts: 3,214	why dont you ask ...... your attorney