Arrested for illegal content!!!
 

Here's something to discuss. If your a website owner and you bought content from a content producer that produced the content illegally such as producing content in a country that doesn't allow it, or producing content of an underaged model can you be held liable for it because the content is on your website? Lets say all documents were provided to you by the content producer and you thought that the content purchased was legal.

Take such question and ask it to your lawyer on wed.

well i'm asking it here

you would be fucked. always get the docs

what if documents were provided.

I think it would be a case of "Ignorance is not an excuse in the eyes of the law" :2 cents:

If you have the documents you purchased content in good faith. Meaning you purchased content with proof that the model is at consenting age.

You will still face legal battle, however you will win at the end and the ContentProducer is going to have his ass handed to him.

You are not going to like this answer

I was at a seminar about 2257 last year. The main speaker was an Attorney who used to be the chief federal prosecuter for the SouthEastern US. According to him, if the model lies to you, gives you a fake ID, and signs a release stating that she is of age, and it turns out she was really underage, it's no defense that she lied and gave you fake ID.

We were all stunned to hear that

The other thing that shocked us is when he explained that if they have cause they come in and take your computer, your records, yur files, your pics your master tapes, your furniture and anything else they can carry out.

The he explained that even if you are found not guilty, they don't have to give your stuff back unless you sue them for it.

Considering how slow the legal system is, by the time you get your computers back they'll be so outdated that they are useless. Oh and if they break them he said that's tough shit.

If you have a problem or think your going to have one my advice is get a lawyer, get a good one, and get one quick. One of the companies I shoot for spent a million dollars on legal defense just to avoid a trail for something one of their shooters did.

James

Don't take any notice of this reply it's dangerous.

James was right.

Forget about the producer holding 2257 records and being responsible for them it's a lot of BULLSHIT put out by guys who do not want to give you the documents.

Because the only place that will decide you do not need to be the "Holder of Records" is a court of law, yes you have rights and they will cost you $300 an hour for an attorney out of court and who knows how much in court to establish those rights.

As for the girl being under age, you put that on your site you face going to prison as a Pedophile and meeting lots of new friends. Or spending a lot of money defending yourself.

My advice is BUY ONLY FORM PRODUCERS WHO GIVE YOU TWO Ids one being a passport and a model release. Then check the signature on the model release to see if it matches the one on the ID. Check and then check again.

Ask a lawyer and see who is right, me or steffie. Sorry steffie but this is very important.

Yes you have rights, but they will cost you a fortune to defend.

If any other asshole knowingly dumped fraudulent licences on me - they would have an unfortunate life. The tolerance level with idiots has dropped to nada.

As for :

"chief federal prosecuter for the SouthEastern US. According to him, if the model lies to you, gives you a fake ID, and signs a release stating that she is of age, and it turns out she was really underage, it's no defense that she lied and gave you fake ID."

This is a typical instance where the law is a total ass and any prosecutor who, after knowing the true facts, continues to court - they need to find a more honorable job, since they clear don't have a clue about "justice".

That has been so for nearly 15 years, ever since Tracy Lords.

Welcome to the porn world.

You have two choices.

Let someone else have the 2257 and hope you will never get a visit.

Or have them and hand them over if you do get a visit, not even that is 100% but a lot better than the first choice. IMHO

Read these for the real info. But remember to defend these rights takes a lot of money.

http://www.access.gpo.gov/nara/cfr/w...8cfr75_01.html

http://www.2257.com

I think you should read this page.

http://a257.g.akamaitech.net/7/257/2.../28cfr75.2.htm

I think that covers just about everything we do here.

A producer, someone who produces something. Like a TGP, AVS, website, pictures, videos, adverts, etc. Not a newsstand they do not produce. We hear do.

You want to argue that? Then ask a lawyer what he charges per hour, office time and courth time.

From here

Read and enjoy.

More

good advice charly.

Damn bro very nice:thumbsup

Thanks, we've been 2257 compliant since before 1990. Lived with this situation for decades and second nature to us.

Had a shooter submit an ID picture with the girl holding her two IDs naxt to her face. Her thumb was over her pictures. :(

How many of you buy from a producer who has the model sign a model release in THEIR NATIVE language? That means, Spanish or Portugese for the Latins, Chinese, Thai, Malay, for the Asians?

We have a Czech model release, translated by our attorney, on all our models.

on the content of it , more then hafe the contentout there sold is made is area that isnt legal
and hafe the stuff made or done in the usa isnt legal ether if you stop and look at the laws in that state .

the matter that is the most care of is the 2257 ether you or him that have , pay mind to charly he knows what he is talking on.

The underage shit i dont care who you are the surfer the maker or the webmaster with it for me i think all should go to jail in that matter of talking

I've got a shooter in Thailand who I make get the models sign a Thai and English release...and of course produce valid IDs, which is tougher to find over there.

Thanks Charley

The way it was explained, and there is some legal term for it and all that, but basically. Good faith is not a legal defense.

It would be the same as if you get pulled over for driving drunk, and you go to court and tell them that some guys put a gun to your head and made you drink. Maybe they did, but that's no defense for driving drunk, no matter what.

Read up on what really happened with the Traci Lords case. She gave them ID, she signed releases, she lied to thier faces, and hell, she was published in magazines that said she was in her twenties.

None of that mattered when it all went down. Not only did they have to destroy all of her stuff that she was in, but for years cops would cruise video stores looking for one of her vids that got missed and was still on the shelf.

As for good faith. Traci was never marketed as a teen, lolita or anything of that type, she was marketed as a grown woman. None of that mattered when the shit went down.

As for overseas models in content, I would not accept anything except a copy of a passport as proof of age. I also would not buy, or in my case sell content without including a picture of a drivers license, or a passport.

As for anything else including malicious prosecution, hello, it's those guys job, to put guys in jail, and let me tell you folks. They don't like us, they don't care if you got lied to, and they get promotions from putting guys like us in jail. Whether you thought your ass was covered or not.

Wake up, smell the coffee.

James

God man. :thumbsup

I sometimes think very laterally, if I think at all :1orglaugh , and one of the things that came to me was the situation with Bush and his "Clean Up The Internet" campaign.

This law is on ths statute and is fairly easy to enforce, the only doubt is whether a website is a first or secondary producer and the 1990 amendment says other matter. I belive on the net most produce a magazine, it's just the delivery that is different. The images are selected, cropped, altered and placed into a publication.

So why hasn't he sent out lots of "Delegees" to push this one home. A lot of sites would fall down on 2257. Even some producers would from what I'm told by some clients.

As you know Thai ID's are in written Thai and they have a totally differant year structure than the west..
Do you get that translated too? Not many of the girls have passports right..

Just outta intrest that's all ;)

this is a very informative thread indeed!

Yeah, that's one thing i've always liked about buying from you... the ID's and forms come with the content so you have the proof of age on hand.

Definitely! :thumbsup

I think I remeber, from my screwed up memory, seeing the date of birth written in English when Eva and I were there in February.

I used to shoot there a lot prior to 1990, but after 2257 came out had to stop. One of the best pictures I ever took was of a stunning girl sitting on a rock on the shore, similar to the mermaid in Copenhagen, a large wave had just hit the rock and she was 1,00th of a second away from getting drenched, shot the rest of the set with her wet.

Total fluke.

Got home and two weeks later had a visit from the police, because I was selling/shooting porn. They destroyed the whole set with a lot of other stuff. She had a passport, the documents were perfect the set was worth $10,000 minimum.

Thing is to get my "RIGHTS" and the content back would cost $20,000 and no guaranty of success.

They are in Thai, although the numbers are sometimes in English numerals and the date structure is different. So yeah, I have to get those translated, and I'll reference behind them to make sure...for my own peace of mind.

That's what I was saying...getting IDs period can be a real pain, and in those cases, we simply don't shoot the model. Not many have passportes, but they do have government issued ID cards which are acceptable.

Good reading:)

Why is anyone surprised? If you go out to bar and pick up a girl thats underage, even if she lies to you about her age and shows you fake ID. Its still statuatory rape. Itrs always been that way. why would photos be any different?

I'm not sure you had your qustion answered properly so I'll give it a go, I've been producing in thailand this last year and I'm moving into the proworld with lfp and pulse.
if it's good enough for the dvd distributors, it should be good for the internet i would think.

This is why i only buy content from well known reputable producers. :2 cents:

I think asking a lawyer is the best soultion. I could say my opinion but it wouldn`t help much.

This poster has obviously been around the block. This one of the few threads I have printed and put in my 2257 knowhow file. Good information here.

Bump for a useful thread.

Glad I read this thread.

SHUT THE FUCK UP THIS THREAD IS FROM YEARS AGO

Now you guys know why I only use cartoons. No age checks or paychecks and shit to worry about.

Toons...the future of the web.

Is the question or the answers any less valid today?

Point is Elitetec has been bumping old ass threads this weekend and it's pissing everyone off. :mad:

yes...

Nastydollars got lied to by a girl who was on their Round and brown site who turned out to be underage.....Once it was found out, the content was taken down and all affiliates were instructed to remove the content...

I doubt if anybody went to jail.

If the content provider give you false IDs, that's not your fault. You could get in problem, but you shouldn't loose your case.

always get the docs