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Thread: 2257 - 1 ID Ok?

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  1. #1
    On the other hand.... You have different fingers
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    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...)


  2. #2
    throw fundamentalists to the lions chadknowslaw's Avatar
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    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
    Chad Belville, Esq
    Phoenix, Arizona
    www.chadknowslaw.com
    Keeping you out of trouble is easier than getting you out of trouble!


  3. #3
    throw fundamentalists to the lions chadknowslaw's Avatar
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    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.
    Chad Belville, Esq
    Phoenix, Arizona
    www.chadknowslaw.com
    Keeping you out of trouble is easier than getting you out of trouble!


  4. #4
    On the other hand.... You have different fingers
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    Quote Originally Posted by chadknowslaw View Post
    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.


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