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Old 07-31-2004, 01:22 PM   #1
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is your content provider a scumbag?

18 USC § 2257 provides: ?[any primary or secondary producer] shall maintain the records required by this section at his business premises?

28 CFR § 75.2(b) provides: ?a secondary producer . . . may . . . to create and maintain records . . . [accept] from the primary producer . . . copies of the records.?

28 CFR § 75.2(b) further requires that: ?a secondary producer shall also keep records of the name and address of the primary producer from whom he received copies of the records.? Note the words "also" and "copies".

28 CFR § 75.4 requires that ?Any [primary or secondary] producer . . . shall make such records available at the producer's place of business.?

Those four clauses, taken together, require you to maintain copies of the records at your place of business. Specifically, as a secondary producer, you must keep records ?at [your] business premises?. Though you need not create the records yourself, you still must get ?copies of the records? ?from the primary producer?. Additionally, if you get copies (as opposed to create records yourself), you have to ALSO keep ?the name and address of the primary producer? on file.

This is pretty clear.




so my question is this. Why are 50% of the content providers out there not willing to give up this info required by law?
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Old 07-31-2004, 01:28 PM   #2
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Old 07-31-2004, 01:29 PM   #3
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Because it is not required by law yet.
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Old 07-31-2004, 01:30 PM   #4
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Quote:
Originally posted by gornyhuy
Because it is not required by law yet.
did you not read my post? I just quoted the current fucking law.
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Old 07-31-2004, 01:32 PM   #5
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where are the content providers?
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Old 07-31-2004, 01:36 PM   #6
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Old 07-31-2004, 01:38 PM   #7
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Originally posted by p1mpdogg
did you not read my post? I just quoted the current fucking law.
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Old 07-31-2004, 01:39 PM   #8
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based on the ones we've been dealing with the answer would be an astounding no, for them being jokers that is. all depends on who you go for.
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Old 07-31-2004, 01:39 PM   #9
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charly, aaron, mutt, anyone care to comment? I just want a straight answer from a contetn provider.... and nobody seems to agree on anything
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Old 07-31-2004, 01:39 PM   #10
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Originally posted by CJswe
based on the ones we've been dealing with the answer would be an astounding no, for them being jokers that is. all depends on who you go for.
english porfavor?
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Old 07-31-2004, 01:40 PM   #11
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I have the releases signed by the models along with copies of their ID's and the licence for 99% of my content. The other 1% was just recently purchased so I don't have that yet....but I will get it.

I know many of the content providers are having difficulty giving up the model ID's because many of the girls don't want their real names known.

No idea what recourse you have if you can't get what you need.
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Old 07-31-2004, 01:41 PM   #12
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Current/unrevised version was very unclear on whom a secondary producer was. It went into ad nausem about hiring, securing, filming and such of models when the definition was explained.
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Old 07-31-2004, 01:41 PM   #13
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english porfavor?
try reading it again, just a quick tip.
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Old 07-31-2004, 01:42 PM   #14
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Quote:
Originally posted by wyldblyss
I have the releases signed by the models along with copies of their ID's and the licence for 99% of my content. The other 1% was just recently purchased so I don't have that yet....but I will get it.

I know many of the content providers are having difficulty giving up the model ID's because many of the girls don't want their real names known.

No idea what recourse you have if you can't get what you need.
unfortuntaly, I am going to have to delete a ood portion of my database because of this..

Just wanted to thank all the content providers for being stubborn bitches and making things easy. You sure lost my business in the future
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Old 07-31-2004, 01:43 PM   #15
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Originally posted by freeadultcontent
Current/unrevised version was very unclear on whom a secondary producer was. It went into ad nausem about hiring, securing, filming and such of models when the definition was explained.
right, I understand its somewhat unclear, but if you take those 4 quotes i posted, what is unclear about those?
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Old 07-31-2004, 01:43 PM   #16
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Quote:
Originally posted by wyldblyss

I know many of the content providers are having difficulty giving up the model ID's because many of the girls don't want their real names known.

No idea what recourse you have if you can't get what you need.
This would probably be the best explaination you are going to get. Maybe AaronM can give a better one later or so, but i am sure this is one of the main reason.
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Old 07-31-2004, 01:44 PM   #17
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Quote:
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right, I understand its somewhat unclear, but if you take those 4 quotes i posted, what is unclear about those?
I am using the whole code, not just the quotes.
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Old 07-31-2004, 01:44 PM   #18
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Quote:
Originally posted by p1mpdogg
unfortuntaly, I am going to have to delete a ood portion of my database because of this..

Just wanted to thank all the content providers for being stubborn bitches and making things easy. You sure lost my business in the future
What are you doing about your affiliates that you supplied free content to?
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Old 07-31-2004, 01:46 PM   #19
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What are you doing about your affiliates that you supplied free content to?
not my responsibility, its thiers.. if i am not hosting it, then i am not responsible for it. I didnt produce the content...the best I can do is send out an email warning everyone... what else can I do? nothing.
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Old 07-31-2004, 01:51 PM   #20
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Quote:
Originally posted by p1mpdogg
did you not read my post? I just quoted the current fucking law.
Does anything in the current law require primary content producers to hand over records to anyone other than the attorney general?
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Old 07-31-2004, 01:55 PM   #21
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Does anything in the current law require primary content producers to hand over records to anyone other than the attorney general?
Well its not just the AG, its law enforcement for the most part.
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Old 07-31-2004, 02:04 PM   #22
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Well its not just the AG, its law enforcement for the most part.
Sure, but primarys are not necessarily required by law to share records outside of LE and AG, right?
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Old 07-31-2004, 02:04 PM   #23
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awsome

still at square one
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Old 07-31-2004, 02:08 PM   #24
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Old 07-31-2004, 02:10 PM   #25
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p1mpdogg what makes you think you were a secondary producer to begin with?
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Old 07-31-2004, 02:11 PM   #26
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awsome

still at square one
Well answer my fucking question then.
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Old 07-31-2004, 02:12 PM   #27
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Sure, but primarys are not necessarily required by law to share records outside of LE and AG, right?
They could be required to share with secondaries, if indeed they had a secondary.
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Old 07-31-2004, 02:13 PM   #28
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trey i'm not an expert on this because i'm only selling exclusive content and customers get all the documentation, so we've never had to debate whether the customer should have the documents.

charly is the guy who can answer your question - charly's had a fight for years with one of the big brokers - he agrees with you, that licensees(secondary producers) should have always been given the model id's to comply with 2257.

and yeah, i'm afraid for the companies who are going to try to comply now alot of content is going to have to be dumped.
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Old 07-31-2004, 02:14 PM   #29
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They could be required to share with secondaries, if indeed they had a secondary.
Lovely how the same things that qualify someone as a secondary go ahead and disqualify them in later clauses.
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Old 07-31-2004, 02:14 PM   #30
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well i am not worried untill i get a visit by the feds i will not sweat it
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Old 07-31-2004, 02:16 PM   #31
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Lovely how the same things that qualify someone as a secondary go ahead and disqualify them in later clauses.
That is the law for you, and why lawyers are ussually well off.
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Old 07-31-2004, 02:17 PM   #32
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well i am not worried untill i get a visit by the feds i will not sweat it
great answer
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Old 07-31-2004, 02:20 PM   #33
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great answer
I see you are continuing to provide great answers as well.
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Old 07-31-2004, 02:25 PM   #34
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so my question is this. Why are 50% of the content providers out there not willing to give up this info required by law?
well number one, it's not law yet.. it's still proposed.. if it goes into law lets say next month. You still have 30 days to become compliant.

When you look at the implications at what is at stake, I can't blame them for not handing the info over until the law is in affect.
First off I believe this law violates the models right to privacy and I can't see it being upheld. John Asscrap has a history of trying to pass un constitutional laws.

Why on earth would a content producer want to put himself at liability for giving out a models personal information with out written consent? They may have written consent to sell the pictures and videos but it if very unlikely, any have written consent to hand over the models personal info. I see this entire fiasco as a major lawsuit waiting to happen.
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Old 07-31-2004, 02:26 PM   #35
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Quote:
Originally posted by crockett
well number one, it's not law yet.. it's still proposed.. if it goes into law lets say next month. You still have 30 days to become compliant.
his quotes are from 2257 as it is now, not as it's proposed to be.
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Old 07-31-2004, 02:29 PM   #36
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Quote:
Originally posted by p1mpdogg
where are the content providers?

When I sell content to others I give them all the documents required by law, including ID.

I don't have a clue why someone wouldn't do that. But then again, I've never sold anything but Exclusive content.
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Old 07-31-2004, 02:30 PM   #37
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Quote:
Originally posted by crockett
well number one, it's not law yet.. it's still proposed.. if it goes into law lets say next month. You still have 30 days to become compliant.

When you look at the implications at what is at stake, I can't blame them for not handing the info over until the law is in affect.
First off I believe this law violates the models right to privacy and I can't see it being upheld. John Asscrap has a history of trying to pass un constitutional laws.

Why on earth would a content producer want to put himself at liability for giving out a models personal information with out written consent? They may have written consent to sell the pictures and videos but it if very unlikely, any have written consent to hand over the models personal info. I see this entire fiasco as a major lawsuit waiting to happen.
you obviously did not read the current 2257 and the 4 quotes i posted from the current regs.
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Old 07-31-2004, 02:30 PM   #38
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Quote:
Originally posted by DonovanPhillips
When I sell content to others I give them all the documents required by law, including ID.

I don't have a clue why someone wouldn't do that. But then again, I've never sold anything but Exclusive content.
donny see this thread

http://gofuckyourself.com/showthread...hreadid=334301

im serious.
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Old 07-31-2004, 02:30 PM   #39
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well number one, it's not law yet.. it's still proposed..
yup. a lot can change in those proposed regulations between now and later.

the proposed rules for adult material in the CAN SPAM ACT changed.

*okay, that's the current stuff? i need to read that shit again.. my statement still stands. the proposed NEW rules can change.*
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Old 07-31-2004, 02:31 PM   #40
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Quote:
Originally posted by DonovanPhillips
When I sell content to others I give them all the documents required by law, including ID.

I don't have a clue why someone wouldn't do that. But then again, I've never sold anything but Exclusive content.
if you were to sell non-exclusive, would you have a problem giving the docs?
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Old 07-31-2004, 02:34 PM   #41
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When you look at the implications at what is at stake, I can't blame them for not handing the info over until the law is in affect.
First off I believe this law violates the models right to privacy...

Why on earth would a content producer want to put himself at liability for giving out a models personal information with out written consent? They may have written consent to sell the pictures and videos but it if very unlikely, any have written consent to hand over the models personal info.
First he talking about current law not the proposed one.

Now onto what you said.
I have been to a few lawyers regarding these revisions. I am also located in California. As many will know California does have some of the strongest privacy and anti-stalking laws in the US, on top of the Federal privacy act.
1. If you model or put yourself out into public view for profit. You have less of a right to privacy. (take it as what it is)
2. In CA one can not share personal information with a 3rd party without written authorization. UNLESS you are doing so to comply with the law.

So in reality a provider in CA could share information. Be fully covered by the law and not need written consent to share the information. Not saying this is safe nor what we will do, but it is how it is.
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Old 07-31-2004, 02:44 PM   #42
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if you were to sell non-exclusive, would you have a problem giving the docs?

I don't know because I've never done it. I think, for the model's protection, that I'd be very picky who I let buy from me. It's kinda scary that anybody can go to a content store, spend just a few dollars, and get a copy of the model's ID, address, phone number, etc.

But since I only sell exclusive to a handful of people I've been doing business with for YEARS, I don't hesitate to provide those docs.
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Old 07-31-2004, 02:51 PM   #43
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We are in process of digitizing ALL our 2257 docs and ids and then categorizing them into folders that correspond with product IDs of the scenes. But now I will give out the required docs when webmasters ask for them. .
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Old 07-31-2004, 02:51 PM   #44
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I don't know because I've never done it. I think, for the model's protection, that I'd be very picky who I let buy from me. It's kinda scary that anybody can go to a content store, spend just a few dollars, and get a copy of the model's ID, address, phone number, etc.

But since I only sell exclusive to a handful of people I've been doing business with for YEARS, I don't hesitate to provide those docs.
I have no problem signing a nda or whatever insuring that her info will not be givin to anyone other than law enforcement if requested
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Old 07-31-2004, 02:52 PM   #45
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We are in process of digitizing ALL our 2257 docs and ids and then categorizing them into folders that correspond with product IDs of the scenes. But now I will give out the required docs when webmasters ask for them. .
how much for everything you got? consider we have bought from you before.. I want the id's release and website license.. make me a deal and you have it sold.

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Old 07-31-2004, 02:53 PM   #46
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Quote:
Originally posted by amacontent
We are in process of digitizing ALL our 2257 docs and ids and then categorizing them into folders that correspond with product IDs of the scenes. But now I will give out the required docs when webmasters ask for them. .
Why now? having the id's correspond with projects etc, was always required. Not stiring up shit, just curious.
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