American contract and 2257 law - GoFuckYourself.com

valentinv · 04-08-2016, 06:58 AM

Hi guys,

I'm new in the forum and firstable i had to say i really enjoy this websites and all the information you can find on it so thanks you !

I just wanted to know because i just started in this buisness as a productor but just in france for the moment and i would like to work also with the us, i stroll on a lot of threads on the forum and i read a lot about in addition of the video you sell you had to be in accordance with the law 2257.

In France for example we just ask to the people who appear on the video 2 ID (like passeport AND driver licence) and make their signing a contract as what theys allow us to use their image on our product.

So what i ask is theirs anything else we have to ask when we sell on american websites ?

Is there a specific contract we need to sign ? If yes can you give me a pdf link please ?

And to finish i mostly work with french girls do i have to provide a contract in french (who give me the ability to use theirs image) AND also in english, one for the girl who can understand what it written and an other one in english for the websites, or do you think one in french is enough ?

Thanks for yours answers !

celandina · 04-08-2016, 08:30 AM

You will need 3 things.

1) standard talent release form ( just google "talent release form")
2) you need a scanned copy of the talent " government issued ID" that the talent is older then 18 years.

3) if you are located in USA you would need a record keeper ( usually a lawyer who keeps these records) but sice you are in France you ONLY need a legitimate address on your site where these records are kept ( no numbered mailboxes).

Also if you are NOT in the USA you can publish on your site that: " even though you are not US producer and thus US laws do not apply to you, you voluntarily comply with USC 2257 ....etc.etc.

Just look at any foreign adult website and you will find the right legal language. If you just licensing content to US company, then you must convince them that you have complied with 1, 2, and 3 above.

They will deal with the rest.

Barry-xlovecam · 04-08-2016, 11:41 AM

To comply with §2257 you will need to provide the buyer with a government issued ID of all the models featured in the depiction as explicit is defined by §2256

https://www.law.cornell.edu/cfr/text/28/part-75

The model's name, picture and ID issued number must appear on the ID document the model's address can be redacted (blacked out) -- the ID would need to be furnished to the buyer -- for the buyer's records. Maybe, Ma Dalton will reply to this post he is in CZ and sells §2257 content in the US.

Commercial copyright license documents are not within the §2257 requirements but they would be needed in a content sale.

Not legal advice -- for comment only

Joe Obenberger · 04-08-2016, 02:20 PM

You've been given some dangerous and seriously incomplete guidance in the posts above. If you follow what they say to a T and do nothing more, you're in violation of a criminal statute.

You can find a detailed explanation of your duties under the law here: Handbook on Section 2257 by J. D. Obenberger - XXXLAW Compliance 5th Ed.

Better yet, hire a lawyer. Free advice is most often worth just what you paid for it.

JD

Barry-xlovecam · 04-08-2016, 02:57 PM

http://ec.europa.eu/justice/data-pro...2012_11_en.pdf

You might want to talk with a French attorney. Disseminating documents of a person that resides in the EU may be problematic.

Protection of personal data - European Commission

celandina · 04-09-2016, 08:14 AM

Quote:

Originally Posted by Barry-xlovecam

http://ec.europa.eu/justice/data-pro...2012_11_en.pdf

You might want to talk with a French attorney. Disseminating documents of a person that resides in the EU may be problematic.

Protection of personal data - European Commission

You're right

that is why all of the ISIS operatives were not caught... And never mind the Belgians...

celandina · 04-09-2016, 08:22 AM

Quote:

Originally Posted by Barry-xlovecam

http://ec.europa.eu/justice/data-pro...2012_11_en.pdf

You might want to talk with a French attorney. Disseminating documents of a person that resides in the EU may be problematic.

Protection of personal data - European Commission

The release form (signed by the model) consents to release her info for the purpose of 2257 or similar laws in other jurisdictions.... So the French or EU directives are no concern.

celandina · 04-09-2016, 08:26 AM

Quote:

Originally Posted by Joe Obenberger

You've been given some dangerous and seriously incomplete guidance in the posts above. If you follow what they say to a T and do nothing more, you're in violation of a criminal statute.

You can find a detailed explanation of your duties under the law here: Handbook on Section 2257 by J. D. Obenberger - XXXLAW Compliance 5th Ed.

Better yet, hire a lawyer. Free advice is most often worth just what you paid for it.

JD

...and the point of your book is ??? Other then the Penthouse case, can you list one ( other then in some counties in Florida) where what I have recommended is not adequate??

Barry-xlovecam · 04-09-2016, 09:29 AM

We don't provide performer documents without a court order <period> exception being to Dutch regulations.

As long as that model gives consent to document dissemination that would be true. I believe the laws in Canada are similar.

valentinv · 04-17-2016, 03:01 AM

Well thanks for all yours answers i apreciate !

I will see a french attorney especially if he his specialized in the image wright and all this things.

I just wanted to bounce on some points :

I saw i need a record keeper but i dont own a websites can i use a cloud for example ? or i just give all id and talent realease form at my lawyer ?

I saw this in a link so maybe my home is enough :

"Any producer required by this part to maintain records shall make such records available at the producer's place of business or at the place of business of a non-employee custodian of records."

And also i don't have a Commercial copyright license documents because i don't have a website, i just produce video and so i don't 'mark' my video, the website do this, is that a problem for the u.s ?

04-08-2016, 06:58 AM	#1
valentinv Registered User Industry Role: Join Date: Mar 2016 Posts: 8	American contract and 2257 law Hi guys, I'm new in the forum and firstable i had to say i really enjoy this websites and all the information you can find on it so thanks you ! I just wanted to know because i just started in this buisness as a productor but just in france for the moment and i would like to work also with the us, i stroll on a lot of threads on the forum and i read a lot about in addition of the video you sell you had to be in accordance with the law 2257. In France for example we just ask to the people who appear on the video 2 ID (like passeport AND driver licence) and make their signing a contract as what theys allow us to use their image on our product. So what i ask is theirs anything else we have to ask when we sell on american websites ? Is there a specific contract we need to sign ? If yes can you give me a pdf link please ? And to finish i mostly work with french girls do i have to provide a contract in french (who give me the ability to use theirs image) AND also in english, one for the girl who can understand what it written and an other one in english for the websites, or do you think one in french is enough ? Thanks for yours answers !

04-08-2016, 02:20 PM	#4
Joe Obenberger Confirmed User Industry Role: Join Date: May 2003 Location: Chicago Posts: 466	You've been given some dangerous and seriously incomplete guidance in the posts above. If you follow what they say to a T and do nothing more, you're in violation of a criminal statute. You can find a detailed explanation of your duties under the law here: Handbook on Section 2257 by J. D. Obenberger - XXXLAW Compliance 5th Ed. Better yet, hire a lawyer. Free advice is most often worth just what you paid for it. JD __________________ Extremism in the defense of Liberty is no vice. . . Restraint in the pursuit of Justice is no virtue. Senator Barry Goldwater, 1964

04-08-2016, 08:30 AM	#2
celandina Too lazy to set a custom title Industry Role: Join Date: Jun 2006 Posts: 11,408	You will need 3 things. 1) standard talent release form ( just google "talent release form") 2) you need a scanned copy of the talent " government issued ID" that the talent is older then 18 years. 3) if you are located in USA you would need a record keeper ( usually a lawyer who keeps these records) but sice you are in France you ONLY need a legitimate address on your site where these records are kept ( no numbered mailboxes). Also if you are NOT in the USA you can publish on your site that: " even though you are not US producer and thus US laws do not apply to you, you voluntarily comply with USC 2257 ....etc.etc. Just look at any foreign adult website and you will find the right legal language. If you just licensing content to US company, then you must convince them that you have complied with 1, 2, and 3 above. They will deal with the rest.

04-08-2016, 11:41 AM	#3
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	To comply with §2257 you will need to provide the buyer with a government issued ID of all the models featured in the depiction as explicit is defined by §2256 https://www.law.cornell.edu/cfr/text/28/part-75 The model's name, picture and ID issued number must appear on the ID document the model's address can be redacted (blacked out) -- the ID would need to be furnished to the buyer -- for the buyer's records. Maybe, Ma Dalton will reply to this post he is in CZ and sells §2257 content in the US. Commercial copyright license documents are not within the §2257 requirements but they would be needed in a content sale. Not legal advice -- for comment only

04-08-2016, 02:57 PM	#5
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	http://ec.europa.eu/justice/data-pro...2012_11_en.pdf You might want to talk with a French attorney. Disseminating documents of a person that resides in the EU may be problematic. Protection of personal data - European Commission

04-09-2016, 09:29 AM	#9
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	We don't provide performer documents without a court order <period> exception being to Dutch regulations. As long as that model gives consent to document dissemination that would be true. I believe the laws in Canada are similar.

04-17-2016, 03:01 AM	#10
valentinv Registered User Industry Role: Join Date: Mar 2016 Posts: 8	Well thanks for all yours answers i apreciate ! I will see a french attorney especially if he his specialized in the image wright and all this things. I just wanted to bounce on some points : I saw i need a record keeper but i dont own a websites can i use a cloud for example ? or i just give all id and talent realease form at my lawyer ? I saw this in a link so maybe my home is enough : "Any producer required by this part to maintain records shall make such records available at the producer's place of business or at the place of business of a non-employee custodian of records." And also i don't have a Commercial copyright license documents because i don't have a website, i just produce video and so i don't 'mark' my video, the website do this, is that a problem for the u.s ?