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marketsmart 06-23-2005 08:41 PM

2257 and Employees
 
I can't find anything on this.

Company is located outside of US. All sites are hosted outside of US. Employee works for company, but lives in US. Let's say the employee is a webmaster and is responsible for adding content.

Is the employee liable in any way if the Company is not in 2257 compliance since he lives in the US?

Spunky 06-23-2005 08:43 PM

I don't think so..just the owners

fusionx 06-23-2005 08:46 PM

Part of the regs say "enters into a contract, agreement,
or conspiracy?? to produce a sexually explicit depiction when they are talking about secondary producers.

Based on that alone, I'd guess yes, he could be liable. And it's just a guess.

Is he a true employee under US Law, or is he a contractor?

marketsmart 06-23-2005 09:52 PM

Quote:

Originally Posted by fusionx
Part of the regs say "enters into a contract, agreement,
or conspiracy?? to produce a sexually explicit depiction when they are talking about secondary producers.

Based on that alone, I'd guess yes, he could be liable. And it's just a guess.

Is he a true employee under US Law, or is he a contractor?

He would be a contractor: No set hours, no office to report to, etc.. standard 1099 requirements

fusionx 06-23-2005 09:54 PM

Quote:

Originally Posted by marketsmart
He would be a contractor: No set hours, no office to report to, etc.. standard 1099 requirements

Then I'd say he should join the FSC :)

My thoughts on this are since he is publishing content as a contractor, he does have editorial control. At the very least, he is "conspiring", as mentioned above, and since he is not an employee, he would be liable.


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