New 2257 Compliance Guide

[RawAlex]

Originally Posted by DannyCox

I read it as I must maintain records of any primary producer I have content from, and that the primary producer must also send me a letter stating that they have checked the required records for the talent they are using. It really does seem pretty straight forward. Nowhere do I see that as a secondary producer I must also keep a set of records for the talent.

Sorry, I have to disagree here. It says "The secondary producer is required to maintain records that identify the primary producer for any depiction and that verify that the primary producer checked the legal age of performers prior to the date of original production"

Read carefully. It doesn't say you have to maintain records of the participants, only records that identify the primary producer (the company that made the content) and that verify that the records were checked. A notarized "we have checked the documents" would cover this, no?

[softball]

Originally Posted by RawAlex

Sorry, I have to disagree here. It says "The secondary producer is required to maintain records that identify the primary producer for any depiction and that verify that the primary producer checked the legal age of performers prior to the date of original production"

Read carefully. It doesn't say you have to maintain records of the participants, only records that identify the primary producer (the company that made the content) and that verify that the records were checked. A notarized "we have checked the documents" would cover this, no?

But would the Americans accept a notarized Canadian document as legal verification? More to the point, would an American company?

[DannyCox]

Originally Posted by rhetorical

But would the Americans accept a notarized Canadian document as legal verification? More to the point, would an American company?

Yes, I have sent many notarized documents to the US for business, and have also received many. They are acceptable in both countries and legal. I don't believe the document would have to be notarized in any case.

The problem here is that the various distributors in the US are really just too lazy to do their own due diligence with all this, and throw it back on us, the Canadian producers. You would think that a company that really does want to do business, and is a true business, would put a little effort in working with their foreign associates. I just see very few Adult Internet companies actually act like a proper business!

[DannyCox]

Originally Posted by RawAlex

Sorry, I have to disagree here. It says "The secondary producer is required to maintain records that identify the primary producer for any depiction and that verify that the primary producer checked the legal age of performers prior to the date of original production"

Read carefully. It doesn't say you have to maintain records of the participants, only records that identify the primary producer (the company that made the content) and that verify that the records were checked. A notarized "we have checked the documents" would cover this, no?

Alex, that's what I said. I said "I read it as I must maintain records of any primary producer I have content from" meaning that I must have a record of who the content is from, not the actual records from the talent. I also said "and that the primary producer must also send me a letter stating that they have checked the required records for the talent they are using". So basically, you just reiterated what I had already written

[RawAlex]

Originally Posted by DannyCox

Alex, that's what I said. I said "I read it as I must maintain records of any primary producer I have content from" meaning that I must have a record of who the content is from, not the actual records from the talent. I also said "and that the primary producer must also send me a letter stating that they have checked the required records for the talent they are using". So basically, you just reiterated what I had already written

Okay, good, sorry, I missed that. I am just thinking that this is the way that secondary producers get out of having to maintain duplicate records, by only having to know who the primary producer is. The downside for programs providing "sponsor content" is that they will have to identify to their affiliates who the primary producer actually is for each scene.

[pornlaw]

Originally Posted by RawAlex

Sorry, I have to disagree here. It says "The secondary producer is required to maintain records that identify the primary producer for any depiction and that verify that the primary producer checked the legal age of performers prior to the date of original production"

Read carefully. It doesn't say you have to maintain records of the participants, only records that identify the primary producer (the company that made the content) and that verify that the records were checked. A notarized "we have checked the documents" would cover this, no?

Instead of just reading the compliance guide you need to read the actual law...28 CFR 75... which reads in relevant part and is quite clear...

75.2 Maintenance of Records

(4) The primary producer shall create a record of the date of original production of the depiction.

(b) A producer who is a secondary producer as defined in §75.1(c) may satisfy the requirements of this part to create and maintain records by accepting from the primary producer, as defined in §75.1(c), copies of the records described in paragraph (a) of this section. Such a secondary producer shall also keep records of the name and address of the primary producer from whom he received copies of the records. The copies of the records may be redacted to eliminate non-essential information, including addresses, phone numbers, social security numbers, and other information not necessary to confirm the name and age of the performer. However, the identification number of the picture identification card presented to confirm the name and age may not be redacted.

Its not OR its ALSO. You must have the actual 2257 docs and IDs as a secondary and ALSO keep a list of where the content came from.

As for privacy laws of the EU countries - your model releases can be written so that the model waives rights and you are allowed to share the information necessary for 18 USC 2257.

And just so we are clear here is the what is required under Section (a) that is bolded in my response...

shall, for each performer portrayed in such visual depiction, create and maintain records containing the following:
(1) The legal name and date of birth of each performer, obtained by the producer's examination of a picture identification card prior to production of the depiction. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after July 3, 1995, or of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, the records shall also include a legible hard copy or legible digitally scanned or other electronic copy of a hard copy of the identification document examined and, if that document does not contain a recent and recognizable picture of the performer, a legible hard copy of a picture identification card. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct (except lascivious exhibition of the genitals or pubic area of any person) made after June 23, 2005, or of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, the records shall include a copy of the depiction, and, where the depiction is published on an Internet computer site or service, a copy of any URL associated with the depiction. If no URL is associated with the depiction, the records shall include another uniquely identifying reference associated with the location of the depiction on the Internet. For any performer in a depiction performed live on the Internet, the records shall include a copy of the depiction with running-time sufficient to identify the performer in the depiction and to associate the performer with the records needed to confirm his or her age.