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Old 06-07-2008, 07:56 PM   #1
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ok so 2257 question....

Secondary producers still on the hook? Whats the status?

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Old 06-07-2008, 07:59 PM   #2
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The answer is about the same color as the background of this message area.
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Old 06-07-2008, 08:08 PM   #3
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No, Secondary producers are not on the hook. You should link too or point out the 2257 statement of the primary producer.

I'm assuming you are calling yourself a secondary producer because you are an affiliate webmaster.

If you are buying photos from a photographer or content company, and posting them on your site. You need a model release and ID.
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Old 06-07-2008, 08:09 PM   #4
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The answer is about the same color as the background of this message area.
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Old 06-07-2008, 08:10 PM   #5
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No, Secondary producers are not on the hook. You should link too or point out the 2257 statement of the primary producer.

I'm assuming you are calling yourself a secondary producer because you are an affiliate webmaster.

If you are buying photos from a photographer or content company, and posting them on your site. You need a model release and ID.
Please show me where they have been taken off the hook 100%
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Old 06-08-2008, 11:04 AM   #6
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Right now it doesnt appear that the FBI/DOJ team is doing any inspections in light of the Connections case....

They even dropped 6 criminal counts of 2257 violations in a recent case in LA.

However, 2257 is coming back around. It hasnt gone away. Perhaps DOJ is focused on obscenity right now.

I really urge all my clients to stay on top of 2257 and keep up with the recent changes to it.

Here are the new regs to 2257(A)

These came out on June 6th.
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Old 06-08-2008, 11:19 AM   #7
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Right now it doesnt appear that the FBI/DOJ team is doing any inspections in light of the Connections case....

They even dropped 6 criminal counts of 2257 violations in a recent case in LA.

However, 2257 is coming back around. It hasnt gone away. Perhaps DOJ is focused on obscenity right now.

I really urge all my clients to stay on top of 2257 and keep up with the recent changes to it.

Here are the new regs to 2257(A)

These came out on June 6th.
Michael, I was reading the XBIZ article on this, and was wondering about this part:

Quote:
According to the Justice Department, "One part of this [safe-harbor] exemption states that section 2257A does not apply to matter that (1) is intended for commercial distribution, (2) is created as a part of a commercial enterprise by a person who certifies to the attorney general that he regularly and in the normal course of business collects and maintains individually identifiable name and age information regarding all performers for purposes such as federal and state tax, labor, and other laws, and (3) is not produced, marketed, or otherwise made available in circumstances such that an ordinary person would conclude that it is child pornography." Producers who qualify for the exemption would need to notify the attorney general in writing every two years.
I would think that could be used to your advantage if a legit company, wouldn't you think?
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Old 06-08-2008, 12:52 PM   #8
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The answer is about the same color as the background of this message area.
yeah
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Old 06-08-2008, 01:09 PM   #9
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Please show me where they have been taken off the hook 100%
he can't because we haven't
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Old 07-04-2008, 04:47 AM   #10
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Is something new going on now with 2257? I just logged into my AWE account and they gave a little notice about 2257. They said to make sure you have the right info. Maybe they just changed the address info, I dunno. Or are they doing this as a reminder for another reason?
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Old 07-04-2008, 05:11 AM   #11
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Adult companies who have associate programs are the ones who need to provide the 2257 info and not their associates... however, if pictures are posted by web masters of adult nature then they need to indicate the 2257 webpage from their source(s); all adult web sites are required to follow the 2257 or equivalent laws ... the custodian of records info is the most important info for the legal types to check to see if the content is legal...
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Old 07-04-2008, 03:52 PM   #12
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Is something new going on now with 2257? I just logged into my AWE account and they gave a little notice about 2257. They said to make sure you have the right info. Maybe they just changed the address info, I dunno. Or are they doing this as a reminder for another reason?
Yeah, I was wondering the same thing. Have the laws changed again? Do secondary producers (i.e. affiliates, blog owners, etc.) still have all the burden put on them, or is linking to the sponsors 2257 page acceptable now?
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Old 07-04-2008, 05:20 PM   #13
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Just some basic info on the 2257 and Custodian of Record requirements

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Originally Posted by SlamDesigns View Post
Yeah, I was wondering the same thing. Have the laws changed again? Do secondary producers (i.e. affiliates, blog owners, etc.) still have all the burden put on them, or is linking to the sponsors 2257 page acceptable now?
It has always been except able, but you need to account for every nude and or sexual picture by stating who the primary producer was who created the content and where the legal types can check to see if such content is legal. The Custodian of Records only applies to those who made the content, picture(s) and or movie(s), and hold the "actors" personal info... the 2257 is only a simple paragraph or two that has a few statements saying that the "actors" were of legal age when they posed. The Custodian of Records info is just the name of the business with their street address and contact information on those who legally hold the "actors" personal information... Anyone can create a 2257 website, however, unless you bought and own the pictures and or movies you don't have the legal right to the "actors" personal information...

So the only thing a responsible adult web master can do is to post who made the content in their 2257 document... O and don't confuse the idea of the 2257 statement with the Custodian of Record requirement... even thought the are supposed to show up together... The 2257 paragraphs just points to the really important part being the address of the actual records of the actors, normally a business. A street address and a phone number is required as well as the times and days of the week when the legal types can review the "actors" personal files when required to do so by law. The average joe blow adult webmaster using associates programs do not have the legal right as to hold the "actors" personal info like their real names and their real street address...

If you have question I would suggest hiring legal help to clarify further... the legal types read the surrounding laws around this subject differently in the different states...

hope this helps,
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