Are Model ID's and Releases required?

[MatrixFan]

I have noticed that some content providers provide ID's and releases and others just provide the licence. Should I be concerned with purchasing content without ID's and releases?

[Surfn]

Only if you plan to upload them to a site.

[MatrixFan]

How can some of the big content providers sell content without model ID's?

[Greenguy]

As long as you have a license from the company you bought the pics from, you're all set.

I've seen some companies include the actual model release that the people in the pics signed as well as their ID's but as far as I know, they are in charge of maintaining those records, as they are the ones on file for the 2257.

[Mikey 219]

keeping records at your house is for the paranoid. unless you are the custodian of records, they arent coming to your house looking for paperwork.

content providers that include id pics and model releases are just catering to webmasters (understandibly) need to feel safe.

the law is basically subject to interpretation, as is any law ... and the only time you have to interpret it is if johnny law knocks on your door (highly unlikely unless you are doing something blatantly illegal and on top of that drawing massive amounts of attention to yourself). And if you did not produce any of the content, you show them the license and point out that you are a webmaster and the custodian of records for the content in question is:

joe blow
123 whatever st.

as is listed on your license you received from provider.

that is my interpretation of the 2257 law - ive read it 100 times at least ... but im not a lawyer ... only reason i can see wanting your own copies is if you are widely known (publicly traded companies always wanted ID's, releases) and wish to be your own custodian of records ... or you dont trust that the content provider is going to be around ... but responsible content providers will maintain records and inform clients of any changes (if address changes) so that records on your site can be updated.

wow this is getting long, and remember im not a lawyer

Mikey

[MatrixFan]

Thanks for the replies all. I have model release and id's for most but I want to purchase some without and wanted to be safe.

[NotThatKevin]

MatrixFan you don't need them. It's the same as a video store selling porn videos. They don't keep all the model ID's and releases at the store either.

[Mikey 219]

Originally posted by NotThatKevin
MatrixFan you don't need them. It's the same as a video store selling porn videos. They don't keep all the model ID's and releases at the store either.

good example ...

only question is with all the fly by night content providers out there, make sure you are not dealing with a company that will disappear and not maintain their custodian of records... in a vid store they are generally dealing with private, vivid, etc, those guys arent going anywhere. You can feel safe with the established companies - and if you are concerned, ask the provider about it.

There are a lot of wackjobs selling content nowadays. this is the ONLY reason i would ever want copies, if it's from an unestablished, new provider whom i dont fully trust.

[RawAlex]

Mikey, two things: if a company is fly by night, do you think the model IDs will be any more likely to be right?

Also, legally, you are NOT the one obligated to have these things on file. It is the content producer (or the person who purchases the content outright) who must maintain these records. Read the 2257 laws closely, it require this only for the primary producer.

There has been a lawyer or two (mostly paranoid ones) that suggest that website owners are primary producers. There is no case law to support that opinion.

If a fly by nighter goes out of business, and you still have a license that shows a "records" location, you should be fine. More importantly, they can get in shit for not keeping the records, and get in shit for not informing you!

Some companies will not give out model info, as they don't want a bunch of weirdos out there chasing thier models around. I also think they many want to keep the model "for themselves" and avoid people coming in and stealing models.

Some will provide a picture of the model release, with certain info blacked out.

Alex

[Alphawolf]

What happens if a content provider goes out of business?

Man, I just checked a content provider I got a Crissy M set from a while ago.

Not long ago they sent an e-mail stating they were going to stop selling licensed content and had a 50% off sale.

Now it seems it's up and running just fine. That's just not good business. Lying to snag sales. Glad I didn't buy anythign else from them! Grrrrr.

Anyways, what would happen if a content provider goes out of business and you had a large amount of content from them without the model ID's? Would they still need to keep the custodian of records even if they disolve a content company?

[NotThatKevin]

If a content provider goes out of business they are still required to keep the info on record. However as in any business closing it's doors you then have to try and find the custodian of records after that but that is an issue for the authorities.

Mikey if companies like Enron et all can go out of business then so can private, vivid etc

By the way how are you doing? I must hit you up on ICQ some time and have a chat.

[digifan]

Matrixfan,

you have a pm.