Verify Model Age and Comply with Section 2257 Recordkeeping Duties
Charles Carreon
Now we get to the recordkeeping process. Producing adult content is what we call in the law a “regulated industry.” This isn't regulation in the usual sense, where you apply for a license, have to measure up to certain government standards, and conduct your business according to professional norms. That kind of regulation would be good, but it doesn't exist.
The regulation that exists is a simple recordkeeping law, 18 U.S.C. § 2257, that most adult content producers view as a protection against being charged with producing child pornography with respect to very young-looking models. As a practical matter, it does serve this way, but watch out for one common misunderstanding. If you think of § 2257 as merely a prophylactic against accidentally photographing underage models, you may think that, if the model is obviously an adult, you don't need to obtain copies of their proof-of-age identification documents. This would be a big mistake. Section 2257 doesn't have an “obviously old model” exception, and you could be convicted of violating this statute if you failed to keep a record of age identification data for the models on a website featuring only models over 40. So just get the records.
What records? Section 2257 requires that you first verify, by looking at valid government photo I.D., that your models are eighteen or over, second, keep legible copies of the I.D., and third, keep those copies organized so you can access them by the model's name or just from looking at the image. Since the image may not include a face, some planning is necessary to comply with this last requirement. Using my Adult Model Agreement will give you a headstart on keeping good 2257 records.
As noted previously, the statute also requires that the § 2257 records be kept in a way that allows them to be accessed by model name or particular photograph. This can be easily accomplished by inputting the § 2257 information into a database, or by scanning legible forms and copies of the identification documents you obtained from models, so that they can be searched via word-searching technology. You should always have a solid backup on paper and on CD of this database, because if you lose it, your content will no longer be lawfully saleable, because you will not be able to assure anyone that you have the required § 2257 documentation.
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Now we get to the recordkeeping process. Producing adult content is what we call in the law a “regulated industry.” This isn't regulation in the usual sense, where you apply for a license, have to measure up to certain government standards, and conduct your business according to professional norms. That kind of regulation would be good, but it doesn't exist.
The regulation that exists is a simple recordkeeping law, 18 U.S.C. § 2257, that most adult content producers view as a protection against being charged with producing child pornography with respect to very young-looking models. As a practical matter, it does serve this way, but watch out for one common misunderstanding. If you think of § 2257 as merely a prophylactic against accidentally photographing underage models, you may think that, if the model is obviously an adult, you don't need to obtain copies of their proof-of-age identification documents. This would be a big mistake. Section 2257 doesn't have an “obviously old model” exception, and you could be convicted of violating this statute if you failed to keep a record of age identification data for the models on a website featuring only models over 40. So just get the records.
What records? Section 2257 requires that you first verify, by looking at valid government photo I.D., that your models are eighteen or over, second, keep legible copies of the I.D., and third, keep those copies organized so you can access them by the model's name or just from looking at the image. Since the image may not include a face, some planning is necessary to comply with this last requirement. Using my Adult Model Agreement will give you a headstart on keeping good 2257 records.
As noted previously, the statute also requires that the § 2257 records be kept in a way that allows them to be accessed by model name or particular photograph. This can be easily accomplished by inputting the § 2257 information into a database, or by scanning legible forms and copies of the identification documents you obtained from models, so that they can be searched via word-searching technology. You should always have a solid backup on paper and on CD of this database, because if you lose it, your content will no longer be lawfully saleable, because you will not be able to assure anyone that you have the required § 2257 documentation.
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