2257 shift

RawAlex · 2003-09-10, 11:49 AM

Paul, with a name and address, I can directory almost anyone in the US or Canada online and get in contact with them. Providing a copy of the ID presented and the model release forms would be more than enough for almost anyone to contact the model. Any level of information less than that would not be in compliance with 2257.

Quote:

ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;

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Do you (or any other content provider) supply this level of information for every photo that you sell? You would need model release (to prove right to sell) and copy of the ID of the performer to show the true age, etc. No blurring or masking permitted, it would appear!

There is no case law at this point that makes the website owner into a "producer" of the content. Nobody has gone down this road that I am aware of. However, certain lawyers have suggested this as a route of possible attack by the AG to get people. There isn't even any case law that says the documents must be specifically at YOUR place of business.

Quote:

Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times

Interestingly, this seems to suggest that only the AG himself (or herself) can request these documents. It does not say AG or appointed rep, but just AG. The video industry has been using lawyers offices and such for their records for years, and that appears to be acceptable. Wouldn't a license for use of content state the location of the records, and all parties agree to that?

Law also does not state that those records must be maintained in the US.

Look closely at the video industry to see what 30 + years of legal battles does to set precedents.

Alex