USC 2257 COMPLIANCE
by Matt Munzanreder
The following is an easy to
read (not like the governments) guideline that makes it equally as easy to comply with
28CFR75, USC2256 and USC2257. This may at times seem very simplified and it has no bearing
on what I think of any individual or companies intelligence, I just find if it’s easy
and cut and dry, it’s easier to understand and comply myself. So on certain places I
will NOT be going into long drawn out explanations.
Q: What is USC2257?
A:
It is the U.S. Code that in conjunction with
28CFR(code of Federal Regulations)75 and with USC2256 govern the record keeping and age
requirements in the Adult industry in the United States.
To keep it simple, just
understand that all three laws work hand in hand together. 28CFR75 and USC2257 are
literally mirrors of each other. 28CFR75 being the original drafting that became the law
and USC2257 being the “amendment” to that particular law. USC2256 defines what
sexually explicit is when the term is used in CFR75 and USC2257.
Q:
I produce adult material, both hardcore and softcore, do I
have to comply to this law?
A:
Any of your content you produce that falls currently
under the following criteria, MUST comply with this law:
(2) ''sexually explicit conduct'' means actual or simulated -
(A) sexual intercourse,
including genital-genital, oral- genital, anal-genital, or oral-anal, whether
between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic
abuse (this does include bondage clothed or not!); or
(E) lascivious exhibition of
the genitals or pubic area of any person;
You will notice that (E) is
stricken. The way the law is written currently, mere nudity does NOT fall under the 2257
regulations. (Though legislation is being considered to make this so as well.)
Q: Why has this law come
about?
A:
In the late 1980’s there were adult film stars
who were not of legal age, that being 18 years old by government standards, NOT by actual
legal age of consent, that were in various productions. Due to this fact, the law was put
into place to prevent the exploitation of minors in adult productions. Unfortunately, this
law does NOT in any way prevent those who do exploit children from doing so. They merely
create unreasonable work for legitimate adult producers.
Q:
So what do I need to do?
A:
The first thing you need to do is at the beginning of
your production, get a copy of one of the following ID’s from each of the talent.
-Passport (United States ONLY!)
Name of issuing country, and
passport #:
-Driver's License
Name of issuing U.S. state, and
i.d.#:
-State Photo I.D.
Name of issuing U.S. state, and
i.d.#:
-U.S. Green Card
Identification #:
-Military I.D.
Identification #:
**NOTE: NON US citizens MUST have a valid US Issue State or federal ID in order to work
in the adult industry in the US, you CANNOT use their passport from their country of
origin.
All of these are photo
I.D.’s that will show the talents Date of Birth. You will need to record the
following information as well.
Performer's present and correct name:
(lastname, firstname
middlename):
Performer's professional name
(alias) for
use with this company's
productions:
Any other names ever used by
the
performer including maiden
name,
aliases, nicknames, stage
names,
DBAs, or professional names:
Performer's Present Age:
Performer's Date of Birth:
Date Performer's I.D. was
examined:
Performer's I.D. was examined
by (name):
This is the base information
that you need to start with while the performer is present. The rest can be done after the
performer is finished working for you.
**NOTE: You will hear much about requiring two pieces of ID, companies saying it has to
be done etc. But that is WRONG, by federal law only ONE piece of ID is required.
**NOTE: Do NOT put any other information in the database then is what is asked for by the
DoJ or required by 2257!
Once you are done shooting your
production, depending on what type of production it is, you will now have the onerous task
of compiling and marking all of your records, videos, and websites.
So We’ll take you through
the steps to do this. First we will start with the Base Databases themselves.
You need to create a database
for EACH individual performer under their REAL name AND under their stage name that they
are using to perform for YOU. Thus two data bases. These need to be stored in a single
folder away from ANY other data bases or information you have received from the model
including STD tests or releases and contracts.
*NOTE: Unfortunately 2257 says: "For any performer portrayed in such a depiction made
after May 26, 1992, records shall be organized alphabetically, or numerically where
appropriate, by the legal name of the performer (by last or family name, then first or
given name), and shall be indexed or cross-referenced to each alias or other name used and
to each title or identifying number of the book, magazine, film, videotape,
computer-generated image, digital image, picture, URL, or other matter." Essentially
by the word of the law, you’d be responsible for recording a database for EVERY name
they have ever been known by and or performed as and would have to create a database to
that end. Hopefully the performers you are using have only their real name and stage name,
though if they are married you also have to set one up for their maiden name as
well. The hard part about this is they do not say only the material you are producing but
it’s worded to the point to include EVERYTHING they have ever been in. So unless they
have worked only for you, from the statement in 2257, you would need to do some digging
and get the information from the performer about EVERYTHING they have ever been in. this
is a overly burdensome part of the regulation. And unreasonable at best. Personally we
just do the material they are performing in for us. And if it were to go to court, that
statement would easily be shown as unreasonable and unattainable by our company,
especially if the performer themselves has forgotten things they have been in or have done
so many they couldn’t humanly possibly remember them all. But it does say… (2) Any name, other than each performer's legal name, ever used by
the performer, including the performer's maiden name, alias, nickname, stage name, or
professional name. For any performer portrayed in such a depiction made after July 3,
1995, such names shall be indexed by the title or identifying number of the book,
magazine, film, videotape, digitally- or computer-manipulated image, digital image,
picture, URL, or other matter. Producers may rely in good faith on representations by
performers regarding accuracy of the names, other than legal names, used by performers. So
if the performer doesn’t give you one of their stage names or gives it to you wrong
you won’t be held liable for that.
We do a folder that is titled:
Models Databases
Image Databases
Video Databases
You must list them
alphabetically by last name, and cross reference each name that the model is using for
you.
We use Excel to do this in as
you can search a whole workbook or worksheet if need be for an image name etc should you
be inspected, though there are many programs out there, and Microsoft access works well
plus a good programmer could set one up for you also that is hosted online in a secure
area.
The next page of the database
needs to contain the following:
Image Date
Image Name
Alternate Image Name (this is I case you renamed it from the original to use in a
different area etc.)
Thumb Yes Or No
Thumb Name
Alternate Thumb Name (this is I case you renamed it from the original to use in a
different area etc.)
Thumb URL
Image URL
2nd Thumb URL
2nd Image Url
3rd Image Url
3rd Thumb Url
Remember to list only those
images in a models database they are in, not every image of the production. You’ll
see why when we get to the image databases.
You can create this in a new
worksheet in the excel workbook as a whole. You can use this same database for the model
by simply adding a new worksheet for each production they are in.
**NOTE: (c) The information contained in the records required to be created and
maintained by this part need be current only as of the time the primary producer actually
films, videotapes, or photographs, or creates a digitally or computer-manipulated image,
digital image, or picture, of the visual depiction of an actual human being engaged in
actual sexually explicit conduct. If the producer subsequently produces an additional
book, magazine, film, videotape, digitally- or computer- manipulated image, digital image,
or picture, or other matter (including but not limited to Internet computer site or
services) that contains one or more visual depictions of an actual human being engaged in
actual sexually explicit conduct made by a performer for whom he maintains records as
required by this part, the producer may add the additional title or identifying number and
the names of the performer to the existing records maintained pursuant to Sec. 75.2(a)(2).
The URLS must be the location
of each image on the web, or if not on the web, they must point to the folder on the
computer they are stored in, or cross reference the drawer that the images are stored in
if using hardcopies.
You MUST have copies of each
image and thumbnail stored in either digital or hard copy.
The reason for multiple URL
slots is in case you use the image on more then one website or page.
Once you have all the models
databases compiled and using the SAME name for the images of the particular shoot in each
models databases, you must create a database of the images themselves.
This database must contain all
the same information as the models with a twist.
You must have columns that list
each individual in each image. So if one image has two models you check their boxes, if it
has one just that models and if 8 all of them. But you have to account for EVERY
individual in the images. Even if they are not models but technical crew. And you
technically must also have the technical crew listed in the models databases as well with
their own databases. You have to account for, again, EVERY individual in the images.
Each time you remove or move an
image it has to be updated on ALL the databases it is in the URL slots.
Now, if you are doing videos,
you need to set up a database for each of the models as well. These need to be separate
from the image databases. They need to list the same items as the image databases.
Especially if you use clips on websites. Then you must use urls the same as images. If it
is a full length featured DVD you MUST have a copy of it as well stored with your records.
So on the computer you can keep the clips, but for the full length video here’s what
you do.
Take a box and label it by a
three month date. A quarter if you will. In the database for the videos, and the ones for
the models video databases, list the box number that the DVD is in. And then place the
DVD’s in the box in alphabetical order, not by production date.
Q:
So where do I keep all these records, can I have my
attorney store them for me or some other company?
A:
First off, it should be said that, NO, your attorney
nor another company CANNOT keep your records for you. Yes there are ways around this, but
for the sake of simplicity you must keep the records.
As to where you keep them, they have to be located at your place of business. This means
if you run everything out of your house then you must keep them there. Further, you must
be available for at least 20 hours a week during normal business hours of Monday through
Friday so the DoJ can conduct an inspection if they desire. If you do not work during
“normal” business hours, you have to notify the DoJ of when you are available
and what your “normal” business hours are.
Q:
Do I have to be there or can someone else be there instead?
A:
The law states that you must have A custodian there
that can verify the accuracy of the records. This does NOT have to be you, but must be an
employee of your company if it is not you.
Q:
How will the DoJ know where to find me though and where my
records are?
A:
This brings us to the compliancy statement. First
we’ll discuss what it must contain.
It has to have the:
Name of the production or another identifying number etc.
The date of the production.
And the STREET address where the records are stored.
This CANNOT be a PO box, it has
to be the actual physical address of the records even if this is your home address.
If there is an assigned person
who is the custodian of records as an employee, rather then a one person business, then
that persons name has to be listed as well and they must be available for the 20 hours a
week at the actual location.
Q: So where do I put this
statement?
A:
(b) In any film or videotape which contains end
credits for the production, direction, distribution, or other activity in connection with
the film or videotape, the statement referred to in Sec. 75.6 or Sec. 75.7 shall be
presented at the end of the end titles or final credits and shall be displayed for a
sufficient duration to be capable of being read by the average viewer.
(c) Any other film or videotape
shall contain the required
statement within one minute
from the start of the film or videotape, and before the opening scene, and shall display
the statement for a sufficient duration to be read by the average viewer.
**NOTE: Now, unfortunately the law states: (a) Any producer of any book,
magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital
image, or picture, or other matter (including but not limited to Internet computer site or
services) that contains one or more visual depictions of an actual human being engaged in
actual sexually explicit conduct made after July 3, 1995, and produced, manufactured,
published, duplicated, reproduced, or reissued on or after July 3, 1995, shall cause to be
affixed to every copy of the matter a statement describing the location of the records
required by this part. A producer may cause such statement to be affixed, for example, by
instructing the manufacturer of the book, magazine, periodical, film, videotape,
digitally- or computer-manipulated image, digital image, picture, or other matter to affix
the statement.
Meaning that each individual image on your website technically should have the statement
affixed to it.
People are now interpreting
this two different ways:
1. Every URL -- the URL
of each JPG of the model, the URL of each backdrop page presenting a JPG of the model, the
URL of each thumbnail image of the model, and the URL of each backdrop page presenting
thumbnails of the model.
-OR-
2. The webpage URL that
introduces the model's "section" of the site or each webpage URL that starts a
photoset of the model. (Plus any URLs where an extra image appears of the model,
such as a banner of the model, or a feature photo on the homepage, etc.)
Only your attorney knows for
sure. ;) (And even he doesn't know for sure I guess, since different attorneys
are interpreting this different ways.)
By the way, if you decide to go
with interpretation #2, you could install a full-search program on your site (searches
both free area and member area) as long as it was set to list EVERY circumstance of the
model's name in the search results -- and you were sure to have typed the model's name on
every relevant page.
But general consensus is that
this can be waived as long as any page that is accessible by the public to your website
contains a statement rather then the images themselves. The reason being as follows.
On your webpages the statement
be located at:
The homepage, or any known
major entry points, or principal URL (including the principal URL of a subdomain), and
must say:
“18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.''
That must open in a separate
window. And have the location of the records, the custodian of the records and to be safe
should include the hours of availability that the custodian is there. Though in the case
of people working out of their home, I can understand not listing your hours. But in that
instance the DoJ is going to expect someone there Monday through Friday from 9 am to 5 pm.
On that pop up page just to be safe you should also include the text of the various laws,
if possible in a thin scrolling window so those visiting it can read them.
Also For the purposes of this
section, the required statement shall be displayed in typeface that is no less than
12-point type or no smaller than the second-largest typeface on the material and in a
color that clearly contrasts with the background color of the material. Meaning that the
little small USC2257 you see on a lot of websites is wrong. It must be large enough to
stand out on the page and as it says, at least as large as the second largest font on your
webpage.
Q:
I have someone who I am sharing my content with, are they a
secondary producer and what do I have to do?
A:
Either the Secondary producer can get the information
from the performers at the time of the shoot as well, which is what we do, both copies of
ID’s and releases of our own, or, they can in good faith accept the information from
the Primary producer. But in any case the secondary producer must keep all the same types
of databases as a primary producer. (We even go so far as to have the secondary producers
we share content with to sign a product release which states that they will comply fully
with all 2257 regulations. Further if they are a secondary producer to our company the
release states that they will forward onto us copies of all URLS that the images or video
clips we gave them to use. Failure to do so violates their agreement with us as secondary
producers and at that point makes the contract null and void and removes any rights they
have to use the content we have shared with them.)
With that all said and done,
this should move you well along the path to being compliant.
Sincerely,
Matt Munzanreder
President
Universal Filmworks
president@universalfilmworks.com
Ph: 206.354.5016
MATT'S GROUP: http://groups.yahoo.com/group/USC2257