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Has the USC TITLE 18, SECTION 2257 struck terror in your heart?
Old 04-16-2006, 01:34 PM   #1 (permalink)
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This subject may have been discussed here before while I was some place else. Last October I was at Arizona Shoot and worked with Brandi Jean from San Francisco. We worked late into the night and the only thing I had to record her IDs (driver's license and a birth cerificate) was my camera. All data is plainly visible at it's normal resolution. It seems that a whole bunch of other photogs also worked with her, but no one seem to get a copy of her IDs. I sent today the images of these two ID's and was told that it's NOT enough to be compliant to the new regulations. What gives? Has anyone else run into the problem where you had to adapt new tactics to be compliant? I'm starting to worry because I'm leaving for Virgin Islands in ten days and I'm sure Rolando has this under control, I just don't want to be told that I don't have enough documentation. Regards.
Pictured is 20 years old Brandi Jean from San Francisco


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Re: Has the USC TITLE 18, SECTION 2257 struck terror in your heart?
Old 04-16-2006, 06:29 PM   #2 (permalink)
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ya know, about a year or so ago i was making noise about this exact subject and how things were definitely going to start impacting non-porn shooters of naked people in bigger and bigger ways. i caught a lot of crap from people here who, basically, were comparing me to "chicken little" screaming about the sky falling in. so i backed off with a "don't say i never warned you" kind of attitude.

note: this compliance stuff is gonna get worse. but hey! most people here are artists and glamour shooters, not pornographers. problem is, those people many of you voted for don't agree with your self-assessments.
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Re: Has the USC TITLE 18, SECTION 2257 struck terror in your heart?
Old 04-16-2006, 07:27 PM   #3 (permalink)
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Jimmy, you're so right, people are really shortsighted when it comes to making the right choices in leaders they elect. Way too many of these elected and reelected leaders have hidden agendas they like to keep electorate in darkness. Like you said many characterise themselves as artists, but those enpowered don't see them that way. When a roof is falling it start out unnoticably slowly, then it slowly gains momentum reaching the point of no return this can be compared to the falling skies, only few perceptive individuals can see it sooner and the rest see it when it's beyond the point of no return. I am affraid for our freedom as free people. Where did we go wrong?
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Re: Has the USC TITLE 18, SECTION 2257 struck terror in your heart?
Old 04-16-2006, 08:04 PM   #4 (permalink)
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That part of the reason I'm taking a break from the modeling end of photography and pursuing my landscape stuff a little more. You don't need a release from mother nature.
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Re: Has the USC TITLE 18, SECTION 2257 struck terror in your heart?
Old 04-16-2006, 08:30 PM   #5 (permalink)
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Quote:
Originally Posted by photoshooter
I sent today the images of these two ID's and was told that it's NOT enough to be compliant to the new regulations.
you sent what? to where? or Who??

Just curious as to who you sent the images to? and also why you sent them? Who said that the images were not "compliant"?

--- curious minds want to know.---
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Re: Has the USC TITLE 18, SECTION 2257 struck terror in your heart?
Old 04-16-2006, 09:23 PM   #6 (permalink)
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Andrew, may be you didn't read right or I didn't explained right. The images were of model's IDs photographed with my camera. Thes images of driver's license and a birth certificate were sent to a well known photog who shot with the same model. His response was that it was not enough to be compliant with the new rules. Of course, I could have answered, hey I got more than you so screw you. What I'm looking for is a clearly defined rules of engagement when it pertains to the federal regulations. You know, they are big guns against us little people.
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Re: Has the USC TITLE 18, SECTION 2257 struck terror in your heart?
Old 04-16-2006, 10:18 PM   #7 (permalink)
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I am not a lawyer and I don't play one on tv either, but I looked at a few websites and I think a drivers liscense is enough. where is the 2 forms of id foundjust curious

http://www4.law.cornell.edu/uscode/h...7----000-.html


http://www.adultinternetlaw.com/docs/5col.table.htm

Kenn
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Re: Has the USC TITLE 18, SECTION 2257 struck terror in your heart?
Old 04-16-2006, 11:14 PM   #8 (permalink)
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For CYA I would suggest also shooting the model signing the release and then the model holding the signed release and ID for another photo op. That could be beneficial for any number of headaches later.
Tom
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Re: Has the USC TITLE 18, SECTION 2257 struck terror in your heart?
Old 04-17-2006, 07:49 AM   #9 (permalink)
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I do not know about the law, regulation....etc......but I do like this photo, fenomenal posing of the model, looking so attractive, like her face expression....everything is just superb....
Zak
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Re: Has the USC TITLE 18, SECTION 2257 struck terror in your heart?
Old 04-17-2006, 11:43 AM   #10 (permalink)
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Disclaimer: I am not a lawyer, this is not legal advice, and if you need legal advice, you should consult a lawyer.

Quote:
Originally Posted by photoshooter
I sent today the images of these two ID's and was told that it's NOT enough to be compliant to the new regulations.
There are a few issues here. First of all, with respect to 18 USC 2257, it is 28 CFR 75 which implements this code. Here is 28 CFR 75.1(b):

"Picture identification card shall mean a document issued by a government entity or by a private entity, such as a school or a private employer, that bears the photograph and the name of the individual identified. A picture identification card may be a passport, driver's license, work identification card, school identification card, selective service card, or identification card issued by a state."

As far as identification goes, a driver's license is explicitly listed as being acceptable. The only time it is not acceptable is addressed by 28 CFR 75.2(a)(1):

"...if that document does not contain a recent and recognizable picture of the performer, a legible copy of a picture identification card."

As far as records go, in addition to a copy of the id, you must record the performer's full legal name, address, phone number, and any other names used. I believe that covers it.

There may be a bigger issue here for you, though. Once you create an image such as the one in question, you become what the code calls a "primary producer" (as long as you are not employed by someone else to create the image). Primary producers are required by law to maintain records at their "primary place of business". This is from 28 CFR 75.4:

"Any producer required by this part to maintain records shall make such records available at the producer's place of business. The business address shall refer to a street address and not to a post office box number. Such records shall be maintained as long as the producer remains in business. If the producer ceases to carry on the business, the records shall be maintained for five years thereafter."

As for people who want to use your images ("users"), they merely have to provide a disclaimer along with your name and the address where you keep your records. So it sounds to me like the user who has asked for copies of your records has overstepped his bounds. In fact, the law only states that your records be made available to the United States Attorney General.

I would advise anyone in the US who may be considered a "primary producer" to at least read 18 USC 2256 (contains definitions of terms used in 2257), 18 USC 2257, and 28 CFR 75. The maximum prison term for a first-time offender in violation of the record keeping requirements was recently increased from 2 years to 5 years. And remember kids, ignorance of the law is never an excuse for breaking the law (or reduced sentencing).

BTW, these laws don't seem to be about nudity vs non-nudity so much as they are about sexual vs non-sexual. I try to use the "rule of 13ths". Imagine that the model you're posing just had her 13th birthday. Does that now make the pose indecent, vulgar, or wrong? If so, you need to maintain the proper records to show that she is not a minor. The problem is that many of these standards are subjective. To be on the safe side, I always document.

Also, as a side note, just as a matter of courtesy and safety, you may want to consider a policy that protects your models' private information from third parties, no matter their intent. No one but the Attorney General has a right to those records, so you do have the legal right to just say "no". Anyone who needs to can satify the requirements of the law without access to your models' personal information.

In answer to the title, has 2257 struck terror in my heart? No, but that's probably because I didn't start creating these types of images until after I already knew about the law. The only thing I really don't like about the law is having to place a street address out there for all to see. It would be great if a one man operation could just send copies of his records directly to the Attorney General's office (or some private company) and let them maintain his records. Other than that, I understand why the law is in place, and if anyone has better ideas for combatting the creation of child pornography, I'd love to hear them. But I do feel that the street address portion of the law has exposed the small-time producer to undo risk and I feel that this part of the law should be changed.

Good luck to you, and I hope at least some of this was helpful.
-David
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