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Old 05-23-2018, 01:54 PM   #1
NickBaer
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2257 Is Toast

https://avn.com/business/articles/le...it-777733.html

Great reading!
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Old 05-23-2018, 01:59 PM   #2
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Good to know . . .
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Old 05-23-2018, 05:02 PM   #3
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Wow. A dozen years to fight and win. It was worth all the work. Only a handful of companies were ever charged and, if I remember right, no one was prosecuted under 18 USC 257.
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Old 05-23-2018, 11:51 PM   #4
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huge win for the industry
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Old 05-24-2018, 02:13 AM   #5
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Many older shooters went out of business. At least one committed suicide.

Big headlines about "raids". Even back then, those "inspections" cast a shadow on the photo/videographer or studio.

AEBN put in a paralegal Dept for over a year - which kept everyone on the up-and-up, nonetheless.

We had 3-page model releases for years, which were stupid, because that got far more invasive than just age.

The one thing that someone should clarify: If a model from Europe or Asia or even South America or Canada, travels to the US, can a US photographer shoot with them?

Under the most strict reading of 2257, the model needs a "US ID". To me, that went beyond age verification, to a definition of "working" in the US, which in itself is not permitted with a Tourist Visa.

If you consider "shooting" as "working," with a payment or not, and in the US, earning less than $500 (or is it $600) is the threshold for reporting earnings from any specific company in a calendar year.

That has always been vague for me.
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Old 05-24-2018, 08:14 AM   #6
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Quote:
Originally Posted by NickBaer View Post
The one thing that someone should clarify: If a model from Europe or Asia or even South America or Canada, travels to the US, can a US photographer shoot with them?

Under the most strict reading of 2257, the model needs a "US ID". To me, that went beyond age verification, to a definition of "working" in the US, which in itself is not permitted with a Tourist Visa.

If you consider "shooting" as "working," with a payment or not, and in the US, earning less than $500 (or is it $600) is the threshold for reporting earnings from any specific company in a calendar year.

That has always been vague for me.
Its not vague. Models on tourist VISAs are not allowed to work at all. And hiring a foreign model on a tourist VISA is a violation of immigration law. Even helping them get work with other photographers is a violation of immigration law.

The one form Ive never seen a producer fill out, even with US based models is the I-9 Employment Eligibility Verification

https://www.uscis.gov/i-9

https://www.uscis.gov/i-9-central/penalties
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Old 05-24-2018, 09:23 AM   #7
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Thanks Bush..
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Old 05-24-2018, 09:45 AM   #8
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TLDR; what are the implications?
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Old 05-24-2018, 10:20 AM   #9
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too long, any resume please?
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Old 05-24-2018, 10:24 AM   #10
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That's why I travel to the UK and Europe to shoot with models who are not US Citizens! They've got UK or EU Driving Licenses or Passports, and none of those work in the US! As described above, not (just) because of 2257, but also Immigration.

And that's why I used the term "vague," because it's not in 2257, you need to look at another set of laws. In this case, Immigration.

A Friend of mine on Chaturbate Tweeted that he was going to have a Guest in his room, from Canada! I'm thinking: "No you're not. Canadian IDs don't work in the US!". But because of the 8 Timezones difference right now between us, I never got to find out if CB approved the Guest's Canadien ID in a Arizona chat room!

I'm sure there's photo/videographers reading this, knowing they have shot with models from other countries than the country they shot in. Sorry guys and gals, that's contrary to the (Immigration) laws - beyond 2257.
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Old 05-24-2018, 10:31 AM   #11
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Originally Posted by pornlaw View Post
Its not vague. Models on tourist VISAs are not allowed to work at all. And hiring a foreign model on a tourist VISA is a violation of immigration law. Even helping them get work with other photographers is a violation of immigration law.

The one form Ive never seen a producer fill out, even with US based models is the I-9 Employment Eligibility Verification

https://www.uscis.gov/i-9

https://www.uscis.gov/i-9-central/penalties
Not sure how it is in USA, but here in Europe, modelling/acting and other "artistic" activities fall under "free businesses" - a form of self employment where you don't need any license, so working with these persons does not mean employment, nor do they need licenses.

These persons doesn't need work visas / work permits if they don't plan to stay longer than 90 days in the Schengen area. This only applies to persons that don't have any employment contract. There may be differences depending on the model's country of origin though, I have checked Ukraine for this example.
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Old 05-24-2018, 10:38 AM   #12
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I've known this since around 2007, that is doing "work" while in other countries, when I started traveling outside of the US.

The topic came up last year in the news, when someone pointed out that a young female model from Slovenia named Melania, came to the US and did fashion shoots - while on her Tourist Visa!

But, because she married a Trump, not a Clinton, the topic died.
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Old 05-24-2018, 10:40 AM   #13
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