AsianBoyAlley - An Interesting 2257 Problem

[JustMe]

Greetings:

Here's the legal advice on these very issues that I was given:

-- A Canadian model, with proper government-issued Canadian ID, content shot in the U.S., by an American producer. My impression is that this is no longer legal under the new 2257 regs. I also heard that they might attempt to make this retroactive, such that content *already shot prior to 6/23/05* might no longer be usable. Does that match the general understanding?

Yes, that is the understanding that I was given, and yes, my understanding is that this is also currently considered retroactive.

-- Could an American producer work (physically in the presence of and with) a Canadian producer in Canada (providing instructions and guidance), then have the Canadian producer be custodian of records to make the content legal?

The custodian of records MUST be an actual employee of the company. In this case, it sounds that the Canadian will be a 3rd party, and thus can't be custodian of records. If it's a US based company there are other issues to worry about when it comes to hiring someone from another country as an actual employee. You'd definately have to consult an attorney about that one....

[gaybucks_chip]

Greetings:

Yes, that is the understanding that I was given, and yes, my understanding is that this is also currently considered retroactive.

The part I don't understand is how DoJ can pass a law that takes something already produced and released that was, in good faith, compliant under then-existing regulations and say that it is no longer legal to sell, particularly when there isn't any question about CP.

Of course, I also don't understand how 200 year old protections in our civil rights can suddenly be washed away under the fraudulent guise of "homeland security" either.