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?

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.

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

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.

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

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.

What he said :thumbsup

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.

Good advice man....

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.

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

:)

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.

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?

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.

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.

Unless you happen to visit the US :winkwink:

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.

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.

What qualifies as a "Canadian Website" ?

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

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.

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!!!