I have a question about privacy and 2257. Let me know if I have midunderstood the new laws.
If we have to have all model id's accessable to everyone on the internet. What would happen if a model that I had an id up for got raped or killed and then the person would point out that he got the id's from my website and then I am sued for privacy. How can I comply but then protect my models privacy?
Thanks,
Mark
* IntenseCash.com - If you can't convert us you better look for a new job!
you don't put the models' info online. you put YOUR address online, and that is where the i.d. is kept - in your primary place of business.
ahh thanks. I thought I had midunderstood something.Originally Posted by basschick
Mark
* IntenseCash.com - If you can't convert us you better look for a new job!
I don't believe you need to put the MODEL's id's on your website ... you just need to list YOUR Name or Company Name and the address of where you do business out of so that Big Brother can show up and go over your documentation. So as far as a Joe Surfer is concerned, he doesn't have access to that information. Unless you have a sponsor site that doesn't require a login to get the content ... then that's a concern of course.
BUT, if you're doing an affiliate program, and provide the required documents along with downloadable content/galleries for instance, and an AFFILIATE stalks a guy and kills him (which you'd have records of his being one) ... I don't see how you'd be accountable for his actions or violating privacy since you were complying with regulations. But I'm not a lawyer, and this certainly is one of the many parts of the whole that most of us are bristling at in the new regs.
I know I totally disagree with the whole secondary producer part of it, but the US stance that content coming in from another country where they have privacy laws and are unwilling to break THEIR laws to give us the ID's is moot if they want to do business with US Webmasters is way off base.
Saying that other countries must meet our import and trade regulations and labeling is one thing when discussing a pound of macadamia nuts, it's something else altogether when it applies to a PERSON, even in a sideways fashion.
Ok, climbing off my soap box ... just needed to vent a bit.
I've heard stories of surfers doing a WhoIS and then showing up at that address (homes in a couple cases) for various reasons. Usually it's to see if a certain model does escorting.
Just goes to show you the lengths some surfers will go. If those same guys knew how the industry worked and knew how to easily get actual model ID's, then it's safe to say they'd go right to the model's house. Who knows what they'd do if they didn't get their way.
The industry is up in arms about this, but will they tell models ahead of time that their drivers license may be made available to anyone in the world who knows how to login to a sponsor site?.... or will they just keep quiet about that knowing the model may back out?
Greetings:
Let me tell you one things guys and gals:
You best make DAMN sure that there are provisions IN YOUR MODEL RELEASES about giving out their IDs and such.
Because if there aren't, and someone DOES show up at their house, or someone DOES commit identity theft against them, you better damn well believe that your ass is going to get sued, and that the model will more than likely win.
You can't just start giving out model IDs and the like to people you sell sets to, or to affiliates, just because the regs change. You still have a contract with your models, that is separate entirely from the regs.
You aren't being forced to give out the IDs, because you aren't being forced to resell or give away the content. If reselling or giving away content is something that you WANT to do, then you better have contractual conditions in place with your model ALLOWING you to do it, with a written understanding of what that means about their expectation of privacy.
If the model was under the expectation that their private information would be kept private at the time they did the shoot, you need to make sure it stays that way, plain and simple. Sure it means you won't be able to resell the set or give it away from affiliates, but it also means you're staying within the contractual boundaries that you set with your model.
I've showed a few standard model releases to my attorney, and not 1 of them allows for the primary producer to deliver IDs to a secondary producer or affiliate.
Primary Producers out there better have their attorneys check over their releases...
Will this make a model think twice before doing a shoot? You better damn well believe it will. No one said these regs were designed to make doing business any easier............
There is a loophole re: model I.D.s. 2257 only applies to actual sexually explicit conduct. Look up a copy of the regs and scroll down to the section that talks about exemptions. It clearly states that simulated sex is exempt.
So if you run an affiliate program, and you only give soft, R-rated content to your affiliates, you won't have to give them the models' personal info.
That's my interpretation anyway. This isn't legal advice.
Someone correct me if i'm wrong, but I seem to remember a discussion in which someone, perhaps one of the attorneys at an Internext panel, said that his interpretation is that while 2257 requires that the ID and release be available for review, it does NOT require address, phone, or other contact information for the model. There was discussion of providing the model's ID, including drivers license number and date of birth, while blocking out the address, phone, email, etc.
We've provided "sanitized" releases before and never had anyone we've provided them to complain... but then again, in this environment, it's tough to know for sure.
Anyone heard anything like that?
Greetings:
My attorney has told me that sanitized, or as he likes to call them "altered", copies of IDs are NOT a valid form of record keeping for secondary producers under the regs.
boyfunk - that may have been true at internext according to the proposed regulations. if you read the new regs, doing a search on the word "sanitized", you will find that we can not use blacked out i.d.
and it's very clear if you read the top part of the new regs in the public comments section. safety of porn models is apparently not a concern
Our releases have always had the following line:
I understand that a copy of my identification or identifications shall be held on file with the management and shall be available for inspection upon request from licensed government officials, law enforcement or any affiliate, subsidiary and/ or partner of RAINBOW CHAOS PRODUCTIONS, INC. should question of age and/or authenticity arise
Even all of our new contracts for Eon Films (which launches today, by the way) have the same clause, written into the contract by a different attorney.
Rocky
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