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Old 05-29-2005, 08:42 AM   #1
GregE
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(2257) Passport ID grandfathered?

If this has been discussed already please accept my apologies for the dumbass question.

I still have some old unedited shoots sitting on the shelf featuring overseas models (shot in the USA) whose only ID consisted of passports.

Do I need to hurry up and release that stuff before the 24th, will it be grandfathered in anyway (regardless of when I get it to my distributor), or should I simply toss all that raw footage into the nearest garbage can?

Anyone know?
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Old 05-29-2005, 09:59 AM   #2
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Having a passport is the best ID you can have for International ladies.
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Old 05-29-2005, 11:15 AM   #3
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Quote from new 2257 reg:

(b) Picture identification card means a document issued by the United States, a State government or a political subdivision thereof, or a United States territory, that bears the photograph and the name of the individual identified, and provides sufficient specific information that it can be accessed from the issuing authority, such as a passport, Permanent Resident Card (commonly known as a ``Green Card''), or other employment authorization document issued by the United States, a driver's license issued by a State or the District of Columbia, or another form of identification issued by a State or the District of Columbia; or, a foreign government-issued equivalent of any of the documents listed above when both the person who is the subject of the picture identification card and the producer maintaining the required records are located outside the United States.

Italicized text indicates that foreign passports are good when both actress and producer are outside of the USA. If you are required to keep the documents at your place of business in the USA, foreign passports would not be acceptable as I read it......but, I'm not a lawyer.
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Old 05-29-2005, 12:01 PM   #4
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Well
You can't just read the current 2257 regs to get the full meaning.
Above (b) the "picture ident card" is only needed when the model does not have a proper "identification document".


Identification Document is defined in 18 U.S.C 1028(d)
"The term 'identification document' means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals."

So a "picture identification card" comes into play when the record holder does not have records that fall within the meaning of "identification document".

So having a passport with a photo id, which is issued by a foreign gov, is fine.
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Last edited by TheDoc; 05-29-2005 at 12:03 PM..
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Old 05-29-2005, 12:29 PM   #5
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I'm not sure that the definitions in 18 USC 1028(d) apply as the 2257 makes the distinction that the document requires to be issued in the USA:

"b) Picture identification card means a document issued by the United States, a State government or a political subdivision thereof, or a United States territory,"

unless,

"when both the person who is the subject of the picture identification card and the producer maintaining the required records are located outside the United States."

I think that a definition contained within the 2257 regulation would override any definitions contained elsewhere......but, I'm not a lawyer.
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Old 05-29-2005, 01:10 PM   #6
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Quote:
Originally Posted by TheDoc
Having a passport is the best ID you can have for International ladies.
i concur. see sig... there is a link that touches on this there.

Last edited by DWB; 05-29-2005 at 01:11 PM..
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Old 05-29-2005, 01:28 PM   #7
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Quote:
Originally Posted by DirtyWhiteBoy
i concur. see sig... there is a link that touches on this there.
Read my post above, and the news releases posted on your own site.

From your site:
http://www.avnonline.com/index.php?P...tent_ID=228409

From Ynot:
http://www.ynot.com/modules.php?op=m...rder=0&thold=0
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Old 05-29-2005, 01:32 PM   #8
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Quote:
Originally Posted by Redrob
I'm not sure that the definitions in 18 USC 1028(d) apply as the 2257 makes the distinction that the document requires to be issued in the USA:

"b) Picture identification card means a document issued by the United States, a State government or a political subdivision thereof, or a United States territory,"

unless,

"when both the person who is the subject of the picture identification card and the producer maintaining the required records are located outside the United States."

I think that a definition contained within the 2257 regulation would override any definitions contained elsewhere......but, I'm not a lawyer.
The new released regulations are an addition to the old law with revisions. IE: they added cartoon sex and the photo id card rules to the old 2257 law.
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