Laws In canada does 2257 apply? - GoFuckYourself.com

BenZino69 · 09-26-2007, 11:32 PM

Hi very new to the biz just wondering if anyone knows much about the laws in Canada all my content so far ive had the models sign a release form and scan ID.. is this necessary?

rowan · 09-26-2007, 11:42 PM

2257 may not specifically apply in Canada, but there will still be local laws to follow with regards to age verification and commercial use of likeness. Don't wing it, get the advice of a professional.

After Shock Media · 09-26-2007, 11:56 PM

Depends. Do you want to have US clients and so forth?

BenZino69 · 09-27-2007, 12:02 AM

None of my models would be US citizens.. what do you mean exactly by US clients.. i would defantly want US members

After Shock Media · 09-27-2007, 12:05 AM

Quote:

Originally Posted by BenZino69

None of my models would be US citizens.. what do you mean exactly by US clients.. i would defantly want US members

US affiliates?

Who knows if the feds will also pressure banking measures on 2257 compliance but it is not far fetched.

the Shemp · 09-27-2007, 12:18 AM

Quote:

Originally Posted by BenZino69

ive had the models sign a release form and scan ID.. is this necessary?

you should do that no matter where you live...

gideongallery · 09-27-2007, 03:24 AM

Quote:

Originally Posted by BenZino69

Hi very new to the biz just wondering if anyone knows much about the laws in Canada all my content so far ive had the models sign a release form and scan ID.. is this necessary?

are you a primary producer or is this content you are buying from other people

if you are producing porn yourself you would have to obey canadian equivalent which does require record keeping.

if you have US customer (affiliates/people you sell the content too) and they need the docs your releases would have to comply with canadian privacy laws, or you could face statutory damages of $20k per sale if the models want to sue you for violating their privacy.

After Shock Media · 09-27-2007, 03:27 AM

Quote:

Originally Posted by gideongallery

are you a primary producer or is this content you are buying from other people

if you are producing porn yourself you would have to obey canadian equivalent which does require record keeping.

if you have US customer (affiliates/people you sell the content too) and they need the docs your releases would have to comply with canadian privacy laws, or you could face statutory damages of $20k per sale if the models want to sue you for violating their privacy.

Can you not include in your release like I always have that I can share such information with any business partners and other people?
What if you took a picture of their info and they gave up all rights to the photos?
so forth?

Just curious about these privacy arguements as California also has pretty strict privacy laws.

Lifer · 09-27-2007, 11:11 AM

Quote:

Originally Posted by the Shemp

you should do that no matter where you live...

What he said

pornguy · 09-27-2007, 11:34 AM

You should talk with an attorney that works with adult. If you can not afford one, GET OUT of the business before they put you in jail.

Rochard · 09-27-2007, 11:37 AM

Quote:

Originally Posted by rowan

2257 may not specifically apply in Canada, but there will still be local laws to follow with regards to age verification and commercial use of likeness. Don't wing it, get the advice of a professional.

Good advice man....

RawAlex · 09-27-2007, 11:41 AM

2257 doesn't apply in Canada, however, when shooting models for content, using the 2257 standards is pretty much the best way to go.

Further, if you are running a membership site or producing your own content, maintaining records in 2257 style won't hurt you either if anyone ever comes knocking.

DaddyHalbucks · 09-27-2007, 12:04 PM

I have heard two attornies say that 2257 applies to ALL foreign webmasters. If your subscribers are US citizens, 2257 applies.

Check with these guys here to be sure:

www.chadknowslaw.com

www.embalaw.com

gideongallery · 09-28-2007, 11:28 AM

Quote:

Originally Posted by After Shock Media

Can you not include in your release like I always have that I can share such information with any business partners and other people?
What if you took a picture of their info and they gave up all rights to the photos?
so forth?

Just curious about these privacy arguements as California also has pretty strict privacy laws.

not sure our law is really strict. "l can share such information with any business partners and other people" would be considered to generic to comply with PIPEDA.

Calvinguy · 09-28-2007, 11:34 AM

Quote:

Originally Posted by DaddyHalbucks

I have heard two attornies say that 2257 applies to ALL foreign webmasters. If your subscribers are US citizens, 2257 applies.

Check with these guys here to be sure:

www.chadknowslaw.com

www.embalaw.com

Bullshit.... it's illegal to show more than boobs in germany without age verification. Do you comply with these laws and do you really care?

Quagmire · 09-28-2007, 11:39 AM

2257 applies to anyone who ever intends on visiting the USA in their lifetime. Thats the way I look at it. I'd rather be compliant with something I don't have to be than to get stopped at the border and given the full-on cavity search treatment and end up in a jail cell.

pornask · 09-28-2007, 11:47 AM

Some seriously bad advice in this thread!

2257 law affects Canadian webmaster just about as much as no porn law in United Arabian Emirates - Canadian laws are the only ones that are applicable. Laws of other random countries on the globe mean nothing to you.

The only good advice is to go see the attorney familiar with the local laws applicable to your place of residence. They may vary from province to province, from municipality to municipality.

US fed have no power over you and cannot come knocking at your door. Just as Indian secret agents can not come to get you busted for breaking some random Indian law. Because laws of their country apply to people who live in that country. As a Canadian living in Canada, you must comply with Canadian laws. Forget about the US. It's RCMP that can put you in prison, not FBI!

Americans who claim that you must comply with 2257 if you have US surfers are full of shit. Do Americans and their websites comply with Canadian laws? No! Even though many surfers who visit their websites could be Canadians. Do Americans and their website have German impressum to comply with German laws? No, even though many surfers who visit their sites may be from Germany. I could go on like that forever.

One thing you can do is to include the clause in your terms of service that this is a Canadian website and therefore it follows Canadian laws regarding privacy and if you are accessing the site from outside of Canada, you may be breaking your local laws. Consult the lawyer who is familiar with your jurisdiction. And let Americans deal with their 2257.

Lifer · 09-28-2007, 11:56 AM

Quote:

Originally Posted by pornask

Some seriously bad advice in this thread!

2257 law affects Canadian webmaster just about as much as no porn law in United Arabian Emirates - Canadian laws are the only ones that are applicable. Laws of other random countries on the globe mean nothing to you.

Unless you happen to visit the US

Keeping the records can help you - such as providing you will an inventory of your content and videos so that you don't buy the same stuff twice. Plus, you will know that all your content is 100% legal in the US. If there is ever a doubt, you will absolutely know that you are legal and have the records to prove it.

There are those that will tell you that if you sell goods and services in the US - You must abid by the laws of the US. I won't go there... though it is true.

I am a US citizen but live in Germany.

I keep 2257 records even though they would never be inspected since the DOJ does not conduct inspections outside the US.

But... with the way things are going... if they make the laws tighter and require this information just because you happen to host in the US, you will already be ahead of the game.

It simply is not that hard to keep the records.

mikesouth · 09-28-2007, 12:06 PM

OK heres the truth if you are a Canadian Citizen living in Canada do you really think that the US DOJ can come knock on your door?

They CANT

you only need concern yourself with Canadian law

anyone who tells you otherwise is a fucking moron.

mopek1 · 09-28-2007, 12:19 PM

Quote:

Originally Posted by pornask

Some seriously bad advice in this thread!

One thing you can do is to include the clause in your terms of service that this is a Canadian website and .....

What qualifies as a "Canadian Website" ?

Simply living there and being a citizen or having your site hosted there or both?

pornask · 09-28-2007, 12:32 PM

Quote:

Originally Posted by mikesouth

OK heres the truth if you are a Canadian Citizen living in Canada do you really think that the US DOJ can come knock on your door?

They CANT

you only need concern yourself with Canadian law

anyone who tells you otherwise is a fucking moron.

at last someone who understands how this shit works...

mikesouth is right - you only need concern yourself with Canadian law. End of story. What laws they have in Nigeria are of no concern to you. What laws they have in Azerbadjan are of no concern to you. The only laws you need to concern yourself with are Canadian laws. That's it.

pornask · 09-28-2007, 12:41 PM

Quote:

Originally Posted by Lifer

Unless you happen to visit the US

I'm not sure I quite understand your train of thought on this one. If someone is a Canadian citizen currently 20 years of age who just got shitfaced 2 days ago and decides to go to the US for a visit, are you suggesting that US officials could arrest him because legal drinking age in the US is 21 and he got shitfaced while being in Canada where drinking age is 18 or 19 (depending on province)? Comon now!!!

09-26-2007, 11:32 PM	#1
BenZino69 Registered User Join Date: Sep 2007 Posts: 47	Laws In canada does 2257 apply? Hi very new to the biz just wondering if anyone knows much about the laws in Canada all my content so far ive had the models sign a release form and scan ID.. is this necessary?

09-26-2007, 11:56 PM	#3
After Shock Media It's coming look busy Join Date: Mar 2001 Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn". Posts: 35,299	Depends. Do you want to have US clients and so forth? __________________ [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

09-27-2007, 11:34 AM	#10
pornguy Too lazy to set a custom title Industry Role: Join Date: Mar 2003 Location: Homeless Posts: 62,911	You should talk with an attorney that works with adult. If you can not afford one, GET OUT of the business before they put you in jail. __________________ PornGuy skype me pornguy_epic AmateurDough The Hottes Shemales online! TChicks.com \| Angeles Cid \| Mariana Cordoba \| MAILERS WELCOME!

09-27-2007, 12:04 PM	#13
DaddyHalbucks A freakin' legend! Industry Role: Join Date: Feb 2004 Location: Las Vegas, Nevada USA Posts: 18,975	I have heard two attornies say that 2257 applies to ALL foreign webmasters. If your subscribers are US citizens, 2257 applies. Check with these guys here to be sure: www.chadknowslaw.com www.embalaw.com __________________ Boner Money

09-28-2007, 11:39 AM	#16
Quagmire Confirmed User Join Date: Jul 2005 Location: Stinkin' up your bathroom Posts: 6,490	2257 applies to anyone who ever intends on visiting the USA in their lifetime. Thats the way I look at it. I'd rather be compliant with something I don't have to be than to get stopped at the border and given the full-on cavity search treatment and end up in a jail cell. __________________

09-26-2007, 11:42 PM	#2
rowan Too lazy to set a custom title Join Date: Mar 2002 Location: Australia Posts: 17,393	2257 may not specifically apply in Canada, but there will still be local laws to follow with regards to age verification and commercial use of likeness. Don't wing it, get the advice of a professional.

09-27-2007, 12:02 AM	#4
BenZino69 Registered User Join Date: Sep 2007 Posts: 47	None of my models would be US citizens.. what do you mean exactly by US clients.. i would defantly want US members

09-27-2007, 11:41 AM	#12
RawAlex So Fucking Banned Join Date: Oct 2003 Location: In a house. Posts: 9,465	2257 doesn't apply in Canada, however, when shooting models for content, using the 2257 standards is pretty much the best way to go. Further, if you are running a membership site or producing your own content, maintaining records in 2257 style won't hurt you either if anyone ever comes knocking.

09-28-2007, 11:47 AM	#17
pornask So Fucking Banned Join Date: Aug 2006 Location: 253-233-241 Posts: 6,518	Some seriously bad advice in this thread! 2257 law affects Canadian webmaster just about as much as no porn law in United Arabian Emirates - Canadian laws are the only ones that are applicable. Laws of other random countries on the globe mean nothing to you. The only good advice is to go see the attorney familiar with the local laws applicable to your place of residence. They may vary from province to province, from municipality to municipality. US fed have no power over you and cannot come knocking at your door. Just as Indian secret agents can not come to get you busted for breaking some random Indian law. Because laws of their country apply to people who live in that country. As a Canadian living in Canada, you must comply with Canadian laws. Forget about the US. It's RCMP that can put you in prison, not FBI! Americans who claim that you must comply with 2257 if you have US surfers are full of shit. Do Americans and their websites comply with Canadian laws? No! Even though many surfers who visit their websites could be Canadians. Do Americans and their website have German impressum to comply with German laws? No, even though many surfers who visit their sites may be from Germany. I could go on like that forever. One thing you can do is to include the clause in your terms of service that this is a Canadian website and therefore it follows Canadian laws regarding privacy and if you are accessing the site from outside of Canada, you may be breaking your local laws. Consult the lawyer who is familiar with your jurisdiction. And let Americans deal with their 2257.

09-28-2007, 12:06 PM	#19
mikesouth Confirmed User Industry Role: Join Date: Jun 2003 Location: My High Horse Posts: 6,334	OK heres the truth if you are a Canadian Citizen living in Canada do you really think that the US DOJ can come knock on your door? They CANT you only need concern yourself with Canadian law anyone who tells you otherwise is a fucking moron. __________________ Mike South It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.