2257 - 1 ID Ok?

[Dzinerbear]

Hi all,

If a model has a valid passport is that enough? Or do they need to have two pieces of valid ID?

Michael

[citiboyz]

Hi all,

If a model has a valid passport is that enough? Or do they need to have two pieces of valid ID?

Michael

Just one, as long as it's a government-issued ID and has a photo. A passport is fine. The bottom line is that be a document that can be authenticated.

[collegeboyslive]

1 right now HOWEVER I have started requiring 2 cause i would hate to suddenly have the government change the law again to require 2 and i have to dump a load of content.

Pays to think ahead

[gaybucks_chip]

As Chad has pointed out, the government couldn't put a law in place that requires retroactive changes. Even when they were doing their best to stamp out porn by passing 2257 in the first place, they didn't require documentation for any existing content shot prior to implementation of the law.

Having more than one ID is a nice safety measure, but a lot of the guys in our modeling pool wouldn't have more than one acceptable ID. So we take other steps to further ensure that the models are of age and so forth; having them sign an affidavit, checking their IDs against the same book that is sold to bars and so forth to validate out-of-state IDs, and comparing signatures on the forms they sign with the signatures on the ID.

It just occurred to me, but as a creative defense against use of a fake ID, if you fly your models in from another city, you could argue that the fact they were able to get on a plane indicates that one of the Government's own crack security specialists with *training and experience* in spotting fake IDs allowed that model on a plane on the basis of a fake ID, so how were you, a lowly porn producer, supposed to know the ID was fake? Certainly no slam-dunk, but it might sell to a jury if it came to that.

[gaybucks_chip]

Actually a qualification to the original question and answer:

The language in 2257 is not clear, but most attorneys are interpreting it this way:

If the model is a US citizen, any government-issued ID, including a passport is acceptable.

If the model is a non-US citizen, and the scene is being shot outside the US, a passport is the ONLY acceptable form of ID

If the model is a non-US citizen and the scene is being shot inside the US, a passport is specifically NOT acceptable, nor is a foreign-government issued ID. A US-issued work permit (green card) is the only acceptable ID, even though the exact same model 100 feet across the Canadian border can use his non-US passport.

Where it's a gray area is the use of US-issued ID cards for non-US citizens for content shot in the US. 2257 does not say that a US ID or drivers license for a non-US citizen isn't a valid ID for 2257 purposes, and so most attorneys have said that you could use a US-issued ID and not be in violation of 2257, but you would definitely be in violation of immigration laws.

Long and short, while violation of immigration laws is significantly less serious than violation of 2257, you would be wise to have a work permit for any non-US citizen you shoot inside the US and you MUST have a passport for any non-US citizen shot outside the US. I would suggest, to bulletproof things, that if you're shooting outside the US, you have some sort of reasonable documentation that the scene was actually shot outside the US, even though that isn't required. (Air tickets, pic of the model at some recognizable landmark holding a newspaper, etc...)

[chadknowslaw]

Almost Chip


But if the content is shot OUTSIDE the US, then a government - issued ID that is not a passport is acceptable. A Czech ID card is fine for a video shot in Czech republic.

Shooting the same Czech citizen in the US requires a passport and a green card [which enforces the immigration laws requiring someone being paid for work to have a valid work permit]

To answer the original question, one form of ID is sufficient for 2257. 2 forms of ID is a safe move, particularly for young models. Those of you who have ever worked the door at a bar know that most kids that have fake ID do not have 2 forms of the same fake ID

[chadknowslaw]

Also, for those of you that shoot a lot of models, particularly young ones, the private investigator I use can do a background check on ID's for $25 a name with a Friday to Monday turnaround and a minimum of 2 names at a time. It is a cheap bit of peace of mind, and you will know if there is an older brother as well as making sure the information in the state database matches the information on the ID that was presented to you.

[gaybucks_chip]

Almost Chip


But if the content is shot OUTSIDE the US, then a government - issued ID that is not a passport is acceptable. A Czech ID card is fine for a video shot in Czech republic.

Wow, thanks for the correction! BIG difference. I went and looked at my notes and at the actual regs, and I guess the passport-only thing was in the proposed language, but not the final regs. We were *not* looking forward to having to get passports for everyone when we do shoots of guys in Toronto.