sfera

looking for 2257 custodian record keeping outside the us. Do these services exist? If so please leave detials or hit me up icq 248877409

Jim_Gunn

Did you even bother to read the actual law? If you did you would know that your question doesn't really make sense. You can't be in compliance by just hiring some service overseas that isn't your own office to hold your records whether you are US based or based somewhere else.

sfera

dude don't give me an attitude, im simply asking a question if such services exist and u come in with the attitude. I know they exist in the us. I dont see why u have to have a us based custodian of records as long as you are not the primary producer.

Ie. you purchase from a foreign studio? but thanks for chiming your 2cents

sfera

also i may have need for your services (as long as you talk to me with a level of respect ;) )

sfera

also please lis US services too

Jaytown

Who says he was trying to get around any compliance laws by doing this. You do not have to use your own office to hold your records. Furthermore You are the one that needs to read up a bit more on your 2257 my friend. There are lots of advantages to doing this.

CarlosTheGaucho

If you want to start up a company in Europe, hit me up, have a good agency that can take care about that.

Nevertheless you won't have any chance to produce the video under any US company, plus you need to stay completely in compliance to deal with other US subjects.

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tony286

there are no services for 2257 records in the us because the custodian has to be an a employee of the company.

Jim_Gunn

This is off of JD Odenberger's XXXLaw.net website. He is one of the top First Amendment attorneys in th U.S. The idea that the FBI is going to come to your door and ask for Suzy Pornstar's ids and you smugly tell them you have some service in Croatia or wherever holding the records instead of at your own office is a clear contradiction of the spirit and intent of the law.

People have a lot of wacky ideas about 2257. I even see big programs and sites online that don't have a legit 2257 statement.

[Code of Federal Regulations]
[Title 28, Volume 2, Part 43 to end]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR75.4]

[Page 292]

TITLE 28--JUDICIAL ADMINISTRATION

(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.

Jim_Gunn

There is also a table on the XXXLaw.net website that explains a slight amendment to the language as of June 23, 2005.:


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. Each record shall be maintained for seven years from the date of creation or last amendment or addition. 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,
digitally- or computer-manipulated image, digital image, or picture, or other matter (including but not limited to Internet computer site or services) 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.

Jim_Gunn

Well, why didn't you say so, he he. Seriously, just trying to help. I see so much misinformation on here- even big sites have wrong 2257 statements and record keeping. I'm no attorney, but I think the law is pretty clear on this issue. You have to have the records at your own office, not some far away place so that they can't be verified on the spot. Hit me up with any custom content questions.

Jaytown

It will vary by the type of content you have, when it was produced, where it was produced, by whom it was produced etc. EVERY site owner does not have to have the documents at the place of biz regardless of what you quote from the laws there.

Some of the biggest players in the industry with the best adult lawyers available are on payroll to these sites that have custodian of records outside of the U.S.

I seriously doubt that some of the guys at the top of the food chain paying adult lawyers out the ass to keep their shit air tight are doing the wrong thing pertaining to the 2257 laws and since like you said you are not an adult attorney I would think they are probably a little better off than you on the issue.

Gary_TLX

I think the key point is that the person who holds the records has to be an employee of the company. Who says you can't have an employee outside of the States?

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ICQ: 286786153
email: contact(at)tlxproductions(dot)com

Jim_Gunn

There was so much discussion about this previously, people really should go to their own attorneys or at least read the opinions of recognized industry attorneys that are published online.