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USC 2257 . . . opening Pandora's Box here
I haven't seen it discussed here, so I thought I'd bring it up. I know many photographers and models here have web sites or send content to web sites that fall under the label of "adult." The new USC 2257 recordkeeping requirements go into effect in two days and I kind of wanted to get a feel of what everyone is doing in response or what they think in general. I see a great deal of hysteria in the "adult" community. Jun 21 05 01:35 pm Link Was discussed earlier. Anyone in the adult business has already been doing the required recordkeeping. Those that have not will be burnt eventually. As for me, I will never accept submission of materials to NS without the proper documentation. When I put them up for sale, they include the documentation. The worse part of the changes has to do with the cross referencing requirements. Those though are eaasily handled by us tech savvy people. And, Adult material is vague. In reality it refers to Pornographic material, not "Adult" material. There is a distinct difference. Jun 21 05 01:47 pm Link Posted by Boyd Hambleton: The answer to all this 'USC 2257 Hysteria' is pretty simple really... save yourself some jailtime and DONT SHOOT ADULT CONTENT! Jun 21 05 05:09 pm Link Just make sure Pandora (or whatever your model's name is) keeps her box closed. Jun 21 05 05:11 pm Link Posted by Select Models: Posted by Boyd Hambleton: The answer to all this 'USC 2257 Hysteria' is pretty simple really... save yourself some jailtime and DONT SHOOT ADULT CONTENT! I guess the question is what constitutes 'adult.' I know the USC 2257 regs target sexually explicit content but I know a lot of folks who shoot glamour bondage, either fully clothed or topless. These folks, myself included, are left to wonder what the DOJ due to how the repressed mainstream views fetish. I've had two attorneys tell me what I shoot doesn't fall under 2257. Still, I'm not completely reassured and I know of several sites that are closing by tomorrow. Mine is staying open regardless. Bush, Gonzalez and every other morality fascist in this country can get bent. Jun 21 05 05:20 pm Link Posted by XtremeArtists: BASTARD! You beat me to the obvious joke. Crap. Jun 21 05 05:21 pm Link Posted by Eric Muss-Barnes: Posted by XtremeArtists: BASTARD! You beat me to the obvious joke. Crap. Yeah, I thought about that when I posted the topic. Hehe. Y'all are bad! Jun 21 05 05:23 pm Link Posted by Boyd Hambleton: That is the issue for me. Some people see some art or fashion as porn, It is the community that decides and that can change. Jun 21 05 06:14 pm Link Posted by Select Models: That is a really foolish statement do you know what is even considered by the DOJ as Adult Content do you know the changes in the law affect all producers at some level, for get that it removes some basic rights to all as well and promotes more importantly censorship...problem with his country is no one cares about it any more and these people running the government keep taking more and more rights away ...Ill just stop right here Jun 21 05 08:55 pm Link Posted by Boyd Hambleton: Posted by Select Models: Posted by Boyd Hambleton: The answer to all this 'USC 2257 Hysteria' is pretty simple really... save yourself some jailtime and DONT SHOOT ADULT CONTENT! I guess the question is what constitutes 'adult.' I know the USC 2257 regs target sexually explicit content but I know a lot of folks who shoot glamour bondage, either fully clothed or topless. These folks, myself included, are left to wonder what the DOJ due to how the repressed mainstream views fetish. I've had two attorneys tell me what I shoot doesn't fall under 2257. Still, I'm not completely reassured and I know of several sites that are closing by tomorrow. Mine is staying open regardless. Bush, Gonzalez and every other morality fascist in this country can get bent. http://www.avn.com/2257 start here, any questions email me and Ill point you in the right direction. Jun 21 05 08:58 pm Link Posted by Bobby Knight: Posted by Select Models: That is a really foolish statement do you know what is even considered by the DOJ as Adult Content do you know the changes in the law affect all producers at some level, for get that it removes some basic rights to all as well and promotes more importantly censorship...problem with his country is no one cares about it any more and these people running the government keep taking more and more rights away ...Ill just stop right here That could be a major part of your problem right there Bobby-Boy, YOU DONT KNOW HOW TO STOP, LOL! Take a look at that paragraph you just typed. It's a HUGE single run-on sentence without a single period in it, HAHA! If you want someone to take YOU seriously, try some proper punctuation and grammer! And don't visualize me as a supporter of 2257, cause I'm DEFINITELY not! Jun 22 05 05:08 pm Link Posted by XtremeArtists: Ill take the Girl next Door!! Jun 22 05 05:27 pm Link Posted by Hugh Jorgen: Posted by XtremeArtists: Ill take the Girl next Door!! The girl next door to me is married, but there's a cute one across the street... Jun 22 05 05:30 pm Link I've spent the last two weeks getting ready for 2257 so i say FUCK 2257 & FUCK GEORGE & GEROGE JR! They can suck a fart out of my ass! Jun 22 05 06:41 pm Link So far as I know, it only counts when there sexual or simulated sexual contact. My site, for example, is largely exempt because I rarely model with other women and even when I do, it's very tame for the most part. Anything explicit is done by me and me alone, and I'm the site owner  Regardless, I keep records. Having them available 20 hours a week isn't possible, though. I work fulltime. Jun 22 05 09:44 pm Link Posted by _VICTOR_: Just make sure you have solid proof-of-age records if you photograph them doing it. Jun 22 05 09:46 pm Link Posted by Select Models: You actually meant to spell it Grammar right??? Jun 22 05 09:55 pm Link Posted by RFAphoto: Posted by Select Models: You actually meant to spell it Grammar right??? Grammer, IN 47236 ... Population 0 Jun 22 05 09:59 pm Link Posted by XtremeArtists: Posted by RFAphoto: Posted by Select Models: You actually meant to spell it Grammar right??? Grammer, IN 47236 Nope, Nice try but the supporting word usage suggests a type 472 grammar usage violation, I'm afraid we're going to have to take this one downtown. Jun 22 05 10:02 pm Link Posted by Select Models: Posted by Boyd Hambleton: The answer to all this 'USC 2257 Hysteria' is pretty simple really... save yourself some jailtime and DONT SHOOT ADULT CONTENT! I don't understand why people respond to posts when they have nothing of value to add to the conversation. Jun 22 05 10:10 pm Link 2257 is only for Sexually Explicit material. From what the attorney for NS said, It only applies if it is one of the following. It shows true sexual contact (not simulated) Meaning that you see penetration either oral, anal, or vaginal, OR, It shows a solo sexual act, such as Masturbation. Inferred sexual acts, like you may see in penthouse or playboy where the act appears to be sexual in nature, such as a woman holding a penis with her mouth open next to it. Things like simulated Sexual acts (ie. the 14 year old actress in the movie Lolita having simulated sex with Rod Jeremy) is not covered. The only Major Changes to the regulation are: 1. You must now cross-reference the information with the image / film. 2. Secondary producers (such as NS) must keep the same records as the primary producer (you no longer can simply say Bob shot it and has the records) 3. They can enter your place of business at anytime and search your records. (this is not really new, Before, they would come and ask to search, and if they refused, you would be locked out until the search warrant arrived and then they would search. Now, you do not have the right to refuse.) This is our Lawyer's interpretation (as explained to me) As with any law though, both sides can and usually do push the limit of the law until the courts rule. (unless one side is pretty sure the courts will rule against them, then they try to avoid pushing) Jun 23 05 07:05 am Link Thank you Ty Simone for giving a true answer. If you are shooting adult content, hire a lawyer. If you are simply taking pictures of naked people without any sexual connotation, you are perfectly safe. If you don't know the difference between the two, you shouldn't be taking pictures of anyone naked.. And if you plan on starting a business you should definately find a good attorney to draw up contracts. It'll probably cost you the same as an adult model session and it is money well spent. In fact, I'd definately urge models not to sign a contract or model release that doesn't look like it was written by a lawyer. If the photographer isn't serious enough to consult one, stay away from them. Will someone explain to me exactly WHICH rights are being trampled on? I read this all the time in posts but it is always a general "Bush sucks!" type of remark without any statement as to WHY he sucks. Again, not trying to be mean, but this is really starting to tick me off. Granted, I'm not the biggest Bush fan on the planet, but I don't see how they are crushing your liberties in regards to the 2257 changes. Not much has changed as Ty Simone pointed out and frankly some of it is a good idea. If you are shooting porn, you shouldn't be so ashamed of it that you have a problem with putting your real name on it. All the government wants to do is keep track of where this stuff is coming from. What's so bad about that? If a pornographer coaxes my daughter to be in a "fashion shoot" where they bait and switch and ask her to strip naked and abuse her, I'd definately want the attorney general to quickly take action. Like most laws, this isn't targeted at those who are following the law. This is meant to catch bad guys... Nobody will come after you unless you are using someone that obviously looks under the age of 18 or you are shooting extreme videos (use your imagination, I don't see a reason to define "extreme"). Eric Muss-Barnes is absolutely correct. ANY type of nude photography, even implied nudes or sheer or a wet t-shirt should be shot with models over 18 and require a model release. I also urge you to photocopy the model's driver license or any other photo ID for your records. Even if it's just a figure nude study with a ballerina. While we are talking about records... Keep them nicely! Buy a filing cabinet with folders from A to Z. Even if you shoot only twice a month, your model releases, IDs, contracts will add up quickly. Keep them organized and safe. This isn't just for when the government knocks on your door. If you sell your photos, you will definately need to supply a copy of all this information. No company will purchase photos from you blindly. They are in business and they cover their butt. Jun 23 05 05:09 pm Link What if you shoot the content in a work for hire or employee arrangement? They own the copyright so would I need to keep records too? Mike Jun 23 05 06:36 pm Link Posted by XtremeArtists: ROFLMAO that is just tooo good Jun 23 05 06:42 pm Link I've been reading a lot of hysteria over this, but upon sitting down and reading the law, it appears much of the hysteria is unwarranted. Section 2257(h)(3) expressly excludes those who have no part in hiring, contract or soliciting models for work. I'm hearing odd BS about this 20 hours per week clause (nowhere in the law) and the ID for performers being required to be US ID (also most definitely not in the law). Either I've been reading the wrong law, or everyone is nuts. Jun 23 05 10:35 pm Link Earlier today, the Free Speech Coalition reached an agreement in court wherein FSC members were granted a six week injunction (waiver) from being inspected. Non-FSC members are subject to immediate inspection. Theda, you're reading it wrong. Not only is the requirement 20 hours, the wording is 'during regular business' hours. Did you also know that more than a few producers of adult content are making models' personal info (licenses with personal info like addresses, etc.) available on line in response to 2257? I could see a stalker getting ahold of this info and know telling what horror could happen. This is the environment created by 2257. Jun 23 05 11:10 pm Link Can you please point me to the section which states this 20 hour clause? Jun 23 05 11:23 pm Link Sec. 75.5 Inspection of records. (a) Authority to inspect. Investigators authorized by the Attorney General (hereinafter ``investigators'') are authorized to enter without delay and at reasonable times any establishment of a producer where records under Sec. 75.2 are maintained to inspect during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, for the purpose of determining compliance with the record-keeping requirements of the Act and any other provision of the Act (hereinafter ``investigator''). (b) Advance notice of inspections. Advance notice of record inspections shall not be given. (c) Conduct of inspections. (1) Inspections shall take place during the producer's normal business hours [[Page 29621]] and at such places as specified in Sec. 75.4. For the purpose of this part, ``normal business hours'' are from 9 a.m. to 5 p.m., local time, Monday through Friday, or any other time during which the producer is actually conducting business relating to producing depiction of actual sexually explicit conduct. To the extent that the producer does not maintain at least 20 normal business hours per week, producers must provide notice to the inspecting agency of the hours during which records will be available for inspection, which in no case may be less than twenty (20) hours per week. (2) Upon commencing an inspection, the investigator shall: (i) Present his or her credentials to the owner, operator, or agent in charge of the establishment; (ii) Explain the nature and purpose of the inspection, including the limited nature of the records inspection, and the records required to be kept by the Act and this part; and (iii) Indicate the scope of the specific inspection and the records that he or she wishes to inspect. (3) The inspections shall be conducted so as not to unreasonably disrupt the operations of the producer's establishment. (4) At the conclusion of an inspection, the investigator may informally advise the producer of any apparent violations disclosed by the inspection. The producer may bring to the attention of the investigator any pertinent information regarding the records inspected or any other relevant matter. (d) Frequency of inspections. A producer may be inspected once during any four-month period, unless there is a reasonable suspicion to believe that a violation of this part has occurred, in which case an additional inspection or inspections may be conducted before the four- month period has expired. (e) Copies of records. An investigator may copy, at no expense to the producer, during the inspection, any record that is subject to inspection. (f) Other law enforcement authority. These regulations do not restrict the otherwise lawful investigative prerogatives of an investigator while conducting an inspection. (g) Seizure of evidence. Notwithstanding any provision of this part or any other regulation, a law enforcement officer may seize any evidence of the commission of any felony while conducting an inspection. Jun 24 05 12:17 am Link Thank you. That statement was not in the law I read. Jun 24 05 12:30 am Link It's quite possible you were reading the old version. Most of the unchanged laws are still all over the net. Jun 24 05 04:38 am Link ok so I don't speak legaleze nor am I someone who has had alot of experience in the business... What does all this mean in plain ole american english speak?? What are the CYA (cover your ass) records or copies?? Jun 24 05 04:52 am Link CYA in plain english = Get the modls ID 2 of them one photo hold them next to her face take a photo or 3 so you can READ them. And print it and put it in your files with the model release. Some one smart will put it in a Burn proof safe or fire box. If you EVER lose them for some reason you better Pull the images. Plain English #2 = you should be doing this now anyway even though you don't shoot porn. I don't shoot porn but you still NEED REAL names not stage names. I know people who do shoot porn and they are not worried in the least. Because they are doing everything the new law says anyway. Since Tracet Lords in 1 day KILLED MILLINS of dollars of profit from getting Busted as being a Minor. The industry has been doing the ID thing since. READ http://www.freespeechcoalition.com/2257info.htm Jun 24 05 05:15 am Link ty ty... I am not as dumb as I thought!! I am already doing that.. LOL Jun 24 05 05:40 am Link Theda, The clause about US ID is in there as well, However, It says paraphrasing here. The model most have a recognizable US ID in order to work, therefore we prefer you keep that one. The old trick (by the way, they have been requiring this for a while) was to hire someone from overseas and copy their passport, which Can easily be forged, and there is no check available to the US government. "Hello Russia? Yes, We'd like to know the real date of birth of Natasha Svetlaski - Passport number 24389 Some funny R looking character 7743. Hmm, No, we are not trying to steal her identity. What, Record of her entrance to our country? yeah, somewhere I suppose? For what? Oh yeah we think she is starring in Porn here... You want a copy? Why? What do you mean to make sure it is her before releasing the papers......" In order for a foreigner to legally work in the US they need a Green Card, or a work Visa issued by the US. The government now makes it mandatory you use that if available over the foreign Passport. The other reason behind it has to do with Slave rings here. A person should never have to give up their passport to anyone other than a Government official (including police officers) There are cases here in NJ where the Dancer gave her Visa to the Employer to copy, and he locked it in a safe and made her "Work" to get it back. Neither here nor their. They want something they can definately verify. As far as CYA for photographers, Unless you are producing Media that is sexually Explicit, It does not apply to you, However, As with all things, better safe than sorry. I agree with filing the paperwork and keeping it cross referenced with the model. As for the 20 hour work week, Um, That is a bit wrong there. You must designate at least 20 hours per week where an inspector is allowed to come in to inspect. Otherwise, Since the law states normal business hours, The person could say well our hours are 11 pm to midnight. Come then. This prevents them from doing that by forcing them to allow access for at least 20 hours during a normal week. It simply closes a loophole that could be used to Avoid inspectors. Again, Nothing new really because with a warrant, They could come in with or without you present anyway. It simply makes their life easier when dealing with those producing illegal material. Jun 24 05 06:37 am Link What happens if you are an Amaerican hosting a US website but working with overseas models, sometimes when they travel to the US, sometime when they travel to Europe? No more international shoots? Jun 24 05 07:04 am Link Posted by Kiran Patil: TRUTH!!! Jun 24 05 07:09 am Link Posted by theda: Content Shot over in Europe can use European documentation. Jun 24 05 07:15 am Link Thanks. I ask this primarily because I have a couple of model friends with paysites that travel frequently and are trying to iugre out what the hell to do about all the sets they shot with european models (either here or overseas). Jun 24 05 07:16 am Link If they were shot overseas, and are used on a paysite here, they still need the documents, but they can be any legal document (from whatever country) Jun 24 05 07:20 am Link Posted by Ty Simone: Your lawyer might want to check out the definition of "sexually explicit." Note there is no discussion of adult content or pornography in the definitions but rather as up to 8/2004, under Title 18, Part one, Chapter 110, ss 2256: Jun 30 05 04:51 am Link |
