2257 regs published in full

[rollergirl]

What is the likelyhood of sponsor programs handing out their docs for the free content they distributed so freely to their affiliates over the years.

Last summer, I had tried to get docs from FTV and a few others and got blown off.

While I can see 'why' they don't want to hand over that info to affiliates it's a catch 22 down the food chain line. Without the docs we can't promote, we lose, they lose.


I'm not expecting anything, but to remove content. |shocking|

[Barron]

My lawyer is still going over the regs so I havent had a chance to ask my questions. But, as I read posts and re-read the regs, I think I just found a huge loop hole!

If I'm right, the industry will change, but the record keeping will not be as extensive as we think. And, we'll all make more money!

As soon as I get an opinion from the lawyer, I'll let ya'll know


-

[Toby]

I think the "retroactive" aspects of these new regulations are going to be one of the major reasons the court tosses them back at the DOJ. That simply isn't legal. One of the basic concepts we learned in Jr. High Civics class, ex-post facto laws are not constitutional.

[cd34]

Jim,

Since I have your advertising button for the board on a few of my sites, and you're holding a cigar in a sexually explicit manner, I need you to forward a model release for my 2257 statement.



Figured we needed a little levity.

[Cleo]

This reminds me of when the state I live in tried to outlaw drug paraphernalia.

The law got passed and all but then when they went to enforce it they realized that it was so broad in scope that it was illegal to even sell a garden hose since you would use a garden hose to water your marijuana plants.

All the head shops pulled all their merchandise and a few people even got arrested but in the end the law was repealed and I once again all the head shops are selling drug paraphernalia.

[Sinistress]

Originally Posted by Cleo

This reminds me of when the state I live in tried to outlaw drug paraphernalia.

The law got passed and all but then when they went to enforce it they realized that it was so broad in scope that it was illegal to even sell a garden hose since you would use a garden hose to water your marijuana plants.

All the head shops pulled all their merchandise and a few people even got arrested but in the end the law was repealed and I once again all the head shops are selling drug paraphernalia.

God no! Not Garden hoses!!! lol

[LindaMight]

Regarding the home address or "place of business conducted" reg and not wanting my home address broadcast all over the net,,,, I have an opportunity tomorrow to look at an office space that is 200 sq ft and is priced so reasonable and includes utilities and parking, I know it won't last. My question now is......am I jumping the gun in renting out space if there is a chance I won't have to do so?
A year's lease is a fair amount of money for an office that will seldom get used other than to hold documents and be around for the big invasion!


Linda

[RawAlex]

Linda, truly... consult a lawyer before you spend any money on any thing.

Alex

[Wenchy]

Will we need to send 2257 info to GG&J to cover our avatars? There are some mighty perverted little pixels floating around here

(I couldn't help myself... all in the name of cd's levity heehee)

[HornyHeather]

Linda, I rented my space, was cheap thru a friend, but I am on a month to month basis...And there is someone there 8 hours a day...best part if they would come in, I am only 2 blocks down the road..

Think of one thing, are you going to be there if they coma knocking? or will someone be there? Just giving you some of my thoughts on it.

[LindaMight]

Originally Posted by HornyHeather

Linda, I rented my space, was cheap thru a friend, but I am on a month to month basis...And there is someone there 8 hours a day...best part if they would come in, I am only 2 blocks down the road..

Think of one thing, are you going to be there if they coma knocking? or will someone be there? Just giving you some of my thoughts on it.

Ok, I've changed my strategy. I am going to ask my attorney (the one who now holds the ID's for my two guests and George and I), if he would like to be on our Board of Directors. Then I am going to ask him if I can pay a small fee to house a computer and all of the documents relating to my website. He is the attorney I sought when we incorporated and he runs things strictly by the books when it comes to corporations. So, what better person to be on my Board of Directors? This might solve the problem of someone having to be at the office all the time in case of inspection. Then again, I haven't asked him yet either.

And as I work on this computer updating my website, and as I work for my "real" job on this computer from home, I am going to each day link all of the lindamight images to models, (again, all four of us), an hour a day until done.
Linda

[RawAlex]

wenchy, actually i think you will see many sigs and avatars will be blocked banned or chatboard no longer accept not sure how that get handled.

Alex

[Sinistress]

Hentai industry will drastically grow in popularity lol

[Sinistress]

I guess one idea might be for a group of webmasters that live in the same general area to rent an office space together, share it, keep documentation there, and have "shifts" that total up to 20 hrs a week where one of 'em will go in & ...do whatever. It could be set up however they want...

[Cleo]

I just had a paysite owner call me a bit upset about all of this. They wanted to hire someone to find the URLs of all their stuff and put together the required 2257 stuff at a rather large cost. I suggested that before they spend a lot of money paying someone to do this they should hire a lawyer to advise them on these types of matters. This lead to the question on how does one go about finding a lawyer for this type of matters?

So besides readonly calling lawyers out of the Yellow Pages what is the best way to find a local lawyer who is knowledgable in this type of stuff?

[PhoneMistress]

http://www.martindale.com/xp/Martindale/home.xml

Off the top of my head Martindale-Hubbell is a good start. You can search by area of expertise and check the rating of an attorney assuming s/he is listed.

[Ms Naughty]

Just a thought I am having.

RawAlex is saying that cropping an image doesn't help because the original was hardcore.

But that section about DVD boxcovers that I quote earlier says that if you publish an image of a boxcover, it's considered to be a whole new image. Well, wouldn't publishing a cropped photo constitute creating a "new image". If it doesn't depict sexually explicit behavior, then it's not under the 2257 laws.

I was pondering this because I found myself wondering about my sites where I'm selling DVDs and I've copied the boxcover from the online store - "republishing it" according to the DOJ. If I censor the boxcover so that it is no longer explicit, I've just published a softcore photo...

So this becomes one of those unenforceable laws like Cleo talked about. How are the people at the DOJ going to KNOW that the softcore pictures you're using are really softcore or were originally hardcore. They can only go on what they see.

Again, just vague speculation on my part.

[cd34]

I don't know if Steve Workman is still a gun for hire -- he is in Ft. Lauderdale and had been working with CEN almost exclusively a while back, but, still had his practice.

SexBizLaw.com/Fred Lane has a section on 2257 and has a listing of attorneys behind lock & key ($29.95 membership for a month)

When I was looking for an attorney and accountant, I grabbed the yellow pages and said:

I work with legal adult entertainment sites, before I waste any more of your time or mine, do you have a problem with that? You don't want an attorney that will drop you because he doesn't want his name associated with an undesirable case.

After knocking out 85% of the attornies and accountants, I interviewed a few until I found someone that I liked working with.

Or, recommendations from other people. I'll try and find out who a few clients have retained. I know a few have recently signed retainers.

[tofu]

lots of work ahead, for err'body....

BTW - I missed you all!

[HornyHeather]

That is probabley your best bet, House your PC? You will have to go there everytime you want to update?
I have been linking my galleries to my 2257 since I heard this may happen months back and already have a jump on my urls to pictures, although I have a long way to go, I think your strategy might work, an hour a day till its done..Yeah I think I may not go insane from that! LOL

Question, I had a model that I do have a copy of her id, and she signed releases, however I lost contact with her months back, Do I have to have her current location? Cause I dunno where she is now? She split and left her husband Ugh!

[LindaMight]

Originally Posted by HornyHeather

That is probabley your best bet, House your PC? You will have to go there everytime you want to update?
I have been linking my galleries to my 2257 since I heard this may happen months back and already have a jump on my urls to pictures, although I have a long way to go, I think your strategy might work, an hour a day till its done..Yeah I think I may not go insane from that! LOL

Question, I had a model that I do have a copy of her id, and she signed releases, however I lost contact with her months back, Do I have to have her current location? Cause I dunno where she is now? She split and left her husband Ugh!

Yep an hour a day....every f**king day...til it's done....every single f**king day...

I am not sure about the model who moved, BUT, it seems to me that a lot of people move and don't notify every single person they have been associated with, but then we're dealing with Big Brother here too. I would think that as long as it was the address where she lived when she modeled and you have her ID, if the Feds want to find her, they will.

[HornyHeather]

Wait a sec... Now being my Members Area is locked from the public..I still have to do it in there? That doesnt even sound right, nobody can see them except for paying members. Although the asses that made these damned laws are idiots

[HornyHeather]

You have a point there...LOL

[RawAlex]

I have never seen anything that would require you to keep up to date information on a model - only information up to date at the time of filming. However, that is one of the reasons why it is important to execute a new model release each time you film (plus is shows consent for each episode you shoot). It means that if address info changes, you will get the latest info.

MORE PAPER!

grandmascrotum: The problem is you are required to store the original image. The model release traces back to the original HARDCORE image, not to your new "cropped" image. Under that logic, a CP image of a naked 14 year old cropped would suddenly jump the fence and be legal... even if the underlying image isn't. Not exactly sure how that would work.

DVD box covers as a whole are a work of themselves, but they too have models and source images and so on... I am really not sure where the line gets drawn, but I can say without a doubt: When you are not sure, err on the side of being sure.

Alex

Alex

[Mr. Blue]

Driver's licenses with some stuff blacked out is legit to use as proof? It has name, dob, and picture.

Also, umm, inspection of the records...if you just kept this stuff burned on a dvd and when they came for an inspection you just gave them that...would that suffice or would they need a way to access the files at your residence? Honestly the idea of tossing them a dvd with all the info and telling them to fuck off (in a nice way of course) sounds less intrusive.