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Old 07-28-2006, 05:32 PM   #1
spacedog
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OK, 2257 explained- Plain English-- who wants in..

Here's the idea...

Setup an online live radio broadcast with a live chat, as well as live call in via telephone.

The topic of the broadcast will be 2257, explained in plain, simple english,, black & white.. no more vague bullshit... You shall be able to ask your questions either by live chat, or via live telephone call in, to be answered by an attorney who will be on the show.. First, we need to setup for the broadcast, 2nd, we need to locate & hire an attorney to handle interpretation of 2256/2257/4472 & answer our questions...


I can't afford to do this myself, so, I am calling the GFY community to pull together & make it happen.... we need to put together our heads & resources...

Any sponsors want to take on this idea?
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Old 07-28-2006, 05:35 PM   #2
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Good idea...then make a transcript/digital copy available for archival referral.

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Old 07-28-2006, 05:37 PM   #3
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The best things in life are free, except that, the voice of a lawyer...
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Old 07-28-2006, 05:42 PM   #4
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Quote:
Originally Posted by spacedog
Here's the idea...

Setup an online live radio broadcast with a live chat, as well as live call in via telephone.

The topic of the broadcast will be 2257, explained in plain, simple english,, black & white.. no more vague bullshit... You shall be able to ask your questions either by live chat, or via live telephone call in, to be answered by an attorney who will be on the show.. First, we need to setup for the broadcast, 2nd, we need to locate & hire an attorney to handle interpretation of 2256/2257/4472 & answer our questions...


I can't afford to do this myself, so, I am calling the GFY community to pull together & make it happen.... we need to put together our heads & resources...

Any sponsors want to take on this idea?
I'm not attorney but as it's been explained to me there is no more "Secondary Producer" clause in the now Federal Law HR4472. This means that if you didn't produce the content it is illegal for you to use it. No more links to affiliate content, no more affiliate content for that matter, no more "it's not on my server". Plain and simple if you didn't shoot it and you're not in compliance with the rest of the record keeping requirement laid out in 2257 you can't use the content. this is a sad day for content sales, tgp's, mgp's and affiliate programs. For that matter it frankly sucks for just about anyone operating anytype of Adult site.
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Old 07-28-2006, 05:44 PM   #5
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I'm not attorney but as it's been explained to me there is no more "Secondary Producer" clause in the now Federal Law HR4472. This means that if you didn't produce the content it is illegal for you to use it. No more links to affiliate content, no more affiliate content for that matter, no more "it's not on my server". Plain and simple if you didn't shoot it and you're not in compliance with the rest of the record keeping requirement laid out in 2257 you can't use the content. this is a sad day for content sales, tgp's, mgp's and affiliate programs. For that matter it frankly sucks for just about anyone operating anytype of Adult site.

Like 2257 this only affects US business. Foreign companies are not affected.
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Old 07-28-2006, 05:47 PM   #6
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Quote:
Originally Posted by fubar00
I'm not attorney but as it's been explained to me there is no more "Secondary Producer" clause in the now Federal Law HR4472. This means that if you didn't produce the content it is illegal for you to use it. No more links to affiliate content, no more affiliate content for that matter, no more "it's not on my server". Plain and simple if you didn't shoot it and you're not in compliance with the rest of the record keeping requirement laid out in 2257 you can't use the content. this is a sad day for content sales, tgp's, mgp's and affiliate programs. For that matter it frankly sucks for just about anyone operating anytype of Adult site.
I am reading your statement as, If I didn't shoot it, I can't sell it, because the buyer can't legally use it under 4472?
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Old 07-28-2006, 05:53 PM   #7
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Quote:
Originally Posted by fubar00
I'm not attorney but as it's been explained to me there is no more "Secondary Producer" clause in the now Federal Law HR4472. This means that if you didn't produce the content it is illegal for you to use it. No more links to affiliate content, no more affiliate content for that matter, no more "it's not on my server". Plain and simple if you didn't shoot it and you're not in compliance with the rest of the record keeping requirement laid out in 2257 you can't use the content. this is a sad day for content sales, tgp's, mgp's and affiliate programs. For that matter it frankly sucks for just about anyone operating anytype of Adult site.
Keywords being "I'm not an attorney."

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Old 07-28-2006, 05:54 PM   #8
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I am just wondering will non US webmaster will still be able to use content as second producers, although that term doesn't exsist anymore.... Will they be able to get/buy content from actual producers and use it on their sites ?
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Old 07-28-2006, 07:32 PM   #9
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Originally Posted by beta-tester
I am just wondering will non US webmaster will still be able to use content as second producers, although that term doesn't exsist anymore.... Will they be able to get/buy content from actual producers and use it on their sites ?
yes so long as you and the producers you're purchasing the content from are doing business outside of the US and it's control.
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Old 07-28-2006, 07:35 PM   #10
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Originally Posted by fubar00
yes so long as you and the producers you're purchasing the content from are doing business outside of the US and it's control.

So what you're saying is NOBODY in the us can use ANY content AT ALL, unless they shot the content themselves??

So, you're telling us that we can't even buy content to use either???



Can anyone else back this up?
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Old 07-28-2006, 07:36 PM   #11
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Quote:
Originally Posted by KRL
Keywords being "I'm not an attorney."

KRL, don't shoot the messenger. If you have questions retain an attorney and get the answers from a source that is likely to stand beside you if you ever do get in trouble. No one should ever take it on faith or take what anyone on this board or any other offers up as opinion or second hand advice. I'm simply relaying parts of a brief conversation I had with my attorney. I have a formal sit down meeting planed with him on Tuesday. I strongly suggest any US biz owners do the same, get an attorney and have them explain this.
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Old 07-28-2006, 07:42 PM   #12
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The sky is falling!!!!!!! for like the 30th time I think lol.
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Old 07-28-2006, 07:43 PM   #13
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ill bump this
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Old 07-28-2006, 08:55 PM   #14
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Quote:
Originally Posted by fubar00
I'm not attorney but as it's been explained to me there is no more "Secondary Producer" clause in the now Federal Law HR4472. This means that if you didn't produce the content it is illegal for you to use it. No more links to affiliate content, no more affiliate content for that matter, no more "it's not on my server". Plain and simple if you didn't shoot it and you're not in compliance with the rest of the record keeping requirement laid out in 2257 you can't use the content. this is a sad day for content sales, tgp's, mgp's and affiliate programs. For that matter it frankly sucks for just about anyone operating anytype of Adult site.
Whoa whoa whoa!! (was it like this when War of the Worlds played on the Radio in 1938? Krl? LOL!). ANYHOW..back to the subject.

WHERE are you pulling this incredible info out of? Just WHERE in this new law does it say you cannot be a "secondary producer"? That's BIG TOTALLY NEW news to me!
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Old 07-28-2006, 08:56 PM   #15
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The best things in life are free, except that, the voice of a lawyer...
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Old 07-28-2006, 09:05 PM   #16
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Wouldn't you be able to use the photos by placing a 'censored' bar across the nekid bits?
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Old 07-28-2006, 09:07 PM   #17
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Let's get this guy to do it,,
http://my.execpc.com/~xxxlaw/
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Old 07-28-2006, 09:21 PM   #18
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Let's get this guy to do it,,
http://my.execpc.com/~xxxlaw/
Did anyone get the same conclusion after reading this. I got that you now must have the same documents on hand as the producer of the content on hand you can no longer say so and so has the records. Thats what I got from this. Anyone else
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Old 07-28-2006, 09:23 PM   #19
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Originally Posted by KRL
Keywords being "I'm not an attorney."

Haha, I saw that spot and scrolled right down to your reply....
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Old 07-28-2006, 09:23 PM   #20
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Wouldn't you be able to use the photos by placing a 'censored' bar across the nekid bits?
ARGHH......
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Old 07-28-2006, 09:29 PM   #21
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Originally Posted by beta-tester
I am just wondering will non US webmaster will still be able to use content as second producers, although that term doesn't exsist anymore.... Will they be able to get/buy content from actual producers and use it on their sites ?
Quick and simple answer is yes.

Most countries have laws of a similar nature - and along the lines of: establish by documentation that the talent is not under age.

This normally means a mugshot with the girl holding her passport or some photo ID. This kind of content is not a problem for non-US webmasters.

It's a matter of course that any content we shoot has as the first image, the girl holding a photo ID (tho hell - they are all overage anyway, but still makes sense as a formality)
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Last edited by Webby; 07-28-2006 at 09:31 PM..
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Old 07-28-2006, 09:37 PM   #22
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It's a matter of course that any content we shoot has as the first image, the girl holding a photo ID
Some people need to learn to take non blurry photos of IDs... Maybe even buy a portable scanner????

ME: I dunno man, can you read the date on this ID?
FBI: Suuuure we can... Can you come with us please?
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Old 07-28-2006, 09:44 PM   #23
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Old 07-28-2006, 11:59 PM   #24
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bump.. not a bad idea
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Old 07-29-2006, 12:28 AM   #25
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Quote:
Originally Posted by media
Some people need to learn to take non blurry photos of IDs... Maybe even buy a portable scanner????

ME: I dunno man, can you read the date on this ID?
FBI: Suuuure we can... Can you come with us please?
Maybe the case with some folks media

Na.. no point in a shoot when the docs are not clear. Also involved in agency stuff and the agency has clear photostat ID's of all models (passport and drivers stuff) before then even start work.

Truth is, we would not be selling any web rights with talent addresses and details irrespective of 2257.
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Old 07-29-2006, 12:56 AM   #26
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2257 for dummies
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Old 07-29-2006, 01:19 AM   #27
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Ah just fuck this.
Get a company in EU and forget about all the trouble. Flexible laws, quite a few good hosting companies and no 2257.
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Old 07-29-2006, 01:30 AM   #28
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Unfortunately attorneys don't have a clue really until there is a precendence. They're just raking in the cash right now.
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Old 07-29-2006, 01:32 AM   #29
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Ah just fuck this.
Get a company in EU and forget about all the trouble. Flexible laws, quite a few good hosting companies and no 2257.
Companies in the EU will not allow a US citizen to violate US laws shima - as long as a person is living in the US they are obliged to comply.

If they move to another country (and do not pass back US citizenship) - hell, they are still in line for US offenses.
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Old 07-29-2006, 02:40 AM   #30
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Did anyone get the same conclusion after reading this. I got that you now must have the same documents on hand as the producer of the content on hand you can no longer say so and so has the records. Thats what I got from this. Anyone else

that's exactly how I'm reading it too

as for the statement that if you're outside the US you don't need to comply - that's true but............ most probalby most the people that you do business are from the States and it'll affect you too in one way or another - e.g. even now if I submit to TGPs, LLs etc I need to have a 2257 link even though I'm not legally obliged to do that
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