What is 18 USC 2257?
18 USC 2257 and CFR 75 are the federal law requirements of
record keeping of the proof of age of models and required
notices on products including content.
Photography Model Release Form, model release forms photograph, sample model release video, basic model photographer release, Model Release Forms Photo, Website Model Release Forms, Video Model Release Form, and sample model release video forms are available on the Internet, but you risk poor quality obtaining them at random.
A compliance set, including
notice and record keeping requirements, and model and primary
producer legal forms are available for purchase from the author
here.
Why Should I Care?
Possessing, transporting or creating (among other things)
content containing images of persons under 18 is child pornography
and is a very serious criminal act.
Compliance with 18 USC 2257 is a good defense to allegations
of child pornography. If you comply, you will have statutorily
required identification and thorough records to show police
should you ever need to. By failing to comply, you are not
only in violation of this statute which outlines the procedures,
but more importantly, you are risking serious criminal charges.
Without the records set forth in 18 USC 2257, it will be difficult
to prove that the models in the content were, in fact, over
18 at the time of creation of the images.
Finally, 18 USC 2257 is very well known in the adult business
community and your failure to have proper notices on your
website and/or products, quickly identifies you to law enforcement
authorities as a business that may be failing to comply with
the law. The lack of notices flags these authorities and can
result in much more serious investigations.
Model Releases
Savvy content creators always obtain model releases. These
can also include the necessary information for compliance
with 18 USC 2257.
Model releases ensure that the model states that:
- She is aware of the adult nature of her employment
- He is aware of what the images will be used for
- She understands the gravity of lying about her age and
using false identification
- He releases all claims against the producer/distributor
Without a model release, a model has a host of possible claims
against the content creator and anyone distributing or using
the content. These could include the following:
- Violation of her rights of publicity, which cover the
use of any person's image, voice, likeness or name in a
commercial endeavor
- Violation of his rights of privacy, which prohibit the
use of private information or images of any person
- Sexual criminal claims including being forced to perform,
being kidnapped, abused or otherwise
- Claims of being unaware of the age requirements or nature
of the work, or use of the content
- Claims of misuse of the content
- Claims of libel or slander by the model regarding the
acts in the content
- Trademark claims if the model's name is famous enough
to merit trademark status
Primary Producer Release
A primary producer release covers the necessary information
required by 18 USC 2257 from a purchaser of content from its
original creator, and can also cover a license to use and
distribute the work, and warranty having obtained of model
releases.
Again, failure to comply with 18 USC 2257 is very risky and
failure to comply with this section implies no less risk.
If a producer cannot show you model releases and proof of
age, you are assuming substantial risk in using the content.
You should also be suspicious of doing business with a content
creator who is so cavalier or legally unaware in his business.
What If I Have the Content, But Cannot Comply?
If you have content and do not have proof of the model's
age and the necessary records required by 18 USC 2257, which
also covers content created abroad in your possession, you
are assuming full risk of violation of the statute and possible
child pornography charges.
Conclusion
The easiest way to comply with 18 USC 2257 is to do business
with reputable content providers and to have your lawyer advise
you on the notice and record keeping requirements.
Photography Model Release Form, model release forms photograph, sample model release video, basic model photographer release, Model Release Forms Photo, Website Model Release Forms, Video Model Release Form, and sample model release video forms are available on the Internet, but you risk poor quality obtaining them at random.
An 18 USC
2257 compliance set of legal forms by the author is available
for purchase here,
but is no substitute for full consultation with an attorney.
1 Readers are cautioned not to rely
on this article as legal advice as it is
no substitution for a consultation with an attorney in your
state. Based
on jurisdiction and time, the law varies and changes.
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