Another Lame 2257 Question

Hey Guys - Total newbie Here with a couple questions about distribution and reselling content . . .

Are producers required to provide their resellers and distributors with 2257 records up front (ie If I order 25 copies of a DVD title from a studio to sell on my site, should I be getting copies of model Id's and release forms from them)? Or ... As a mere distributor, can I simply provide links to the custodian of records for each studio I sell?

My attorney has a strong opinion that a reseller is considered a secondary producer and needs to have all 2257 records on file for each title.
Seems like the Big DVD sites are doing different things & I was hoping to get some input from you guys on this.

Thanks a lot everyone!! cj

any sexually explicit picture or video - including banners and fpa's - that is on YOUR site you need to act as custodian of records for.

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Originally Posted by ACE

Hey Guys - Total newbie Here with a couple questions about distribution and reselling content . . .

Are producers required to provide their resellers and distributors with 2257 records up front (ie If I order 25 copies of a DVD title from a studio to sell on my site, should I be getting copies of model Id's and release forms from them)? Or ... As a mere distributor, can I simply provide links to the custodian of records for each studio I sell?

My attorney has a strong opinion that a reseller is considered a secondary producer and needs to have all 2257 records on file for each title.
Seems like the Big DVD sites are doing different things & I was hoping to get some input from you guys on this.

Thanks a lot everyone!! cj

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Distributors and retailers aren't required to have 2257 docs because they're not part of the production chain. But they are responsible for making sure that the product they sell is properly labeled with a 2257 compliance statement where it's required by the regs (although they are not responsible for its accuracy). But the moment you "produce" anything sexually explicit, be it a catalog, or flyer, or webpage, you need to keep records, even if the sexually explicit material isn't your own.

true if you don't change it in ANY way at all, however there is a new law on the way that will change that. that means you cannot use the box covers or whatever in a design. you cannot do anything that makes it your production or creation.

the bottom line - don't take risks if you don't have to.

The key here is to remember that 2257 relates to "sexually explicit content" and *only* to sexually explicit content. A naked guy with an erection is *not* sexually explicit according to recent correspondence between the FSC and the justice department, but same naked guy is being sexually explicit if he's touching himself (as in, jerking off) Likewise, any oral-genital or genital-genital contact would be sexually explicit, while almost any nudity is not.

A lot of DVD covers, particularly front covers, have no sexually explicit content on them. Therefore, you could use any non-explicit DVD cover in a website, ad, catalog, or whatever, and you wouldn't have to have any 2257 records. You'll just have to be selective about which DVDs you can advertise. I don't know what other producers are doing, but everything we've released or produced for retail sale since 6/23 (including flyers and catalogs) has been non-explicit content (including both front and back of DVD covers) just to avoid the secondary producer issues for our online retailers.

Keep in mind this is a moving target and the Bush justice department and your friendly neighborhood conservative Republicans have introduced legislation to make ALL nudity, simulated sex, and everything else subject to 2257. This, of course, would create manyfold problems for Hollywood, and so hopefully it won't go anywhere... but it's best to keep your eye on the situation at all times.

And (subtle plug here) if you're looking for DVDs, check out our stuff at cuteboyvideos.com and if you see anything you want to pick up, PM or email me and we can get you set up.

Best of luck!!

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Originally Posted by boyfunk

And (subtle plug here) if you're looking for DVDs, check out our stuff at cuteboyvideos.com and if you see anything you want to pick up, PM or email me and we can get you set up.

Best of luck!!

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Hey Chip

we want to carry your videos at wehovideo.com.

where can we buy them?

Pricing?

how to order?

send me a PM with info...:) BTW, your PM box is full!

Tom

sorry, didn't mean to hijack the thread but i wanted to send a sort of on topic message to Chip and his PM box is full.

Meanwhile..back to the 2257 conversation.

We represent over 30,000 videos on our two retail websites, can you imagine the burden if we are expected to have 2257 records on all videos?

can you imagine how it would decimate the retail video business?

Right now we are not collecting 2257 on videos we sell.. only on the products we are primary producer or secondary producer on....depending on the outcome of the FSC case.

As to the pending law.....well that's going to be a long way off.....but with the make up of the new Supreme court.....maybe not such a long shot after all. But it will be challenged for quite a while....

Thanks a lot guys - This is exactly what I was looking for!! :thumbsup:

Chip - I will definately get in touch w/ you. cj