Legal Questions regarding 2257 and how it pertains to DirtyD

[pornlaw]

Originally Posted by 2muchmark2

I have a couple of questions regarding 2257, minors, and movies.

In any photo shoot or movie shoot, you as the producer obtain photo ID from all of the actors in the shoot. If the face and body are mostly hidden from the camera during a shoot (as they would be in Dirty D's Glory Hole stuff, how is the 2257 ID tied to the actors? After all, it could be anyones penis sticking through.

As the producer you better be able to prove whom the actor in the video is. When there are scenes shot without faces I always instruct my clients to film some BTS footage than can be used to tie the two together. The burden of proof is on the producer.

Here's another: In a movie or scene with 2 or more actors, wouldn't the 2257 or Proof of Age documentation be required to be presented (and maybe signed off on) from every actor, to every other actor. in a scene? If not, how would any actor know if his or her fellow actors are adults?

Interesting but not really relevant. I have never seen an actor charged with having sex with a minor in a case where there is an underage performer. Perhaps but unlikely.

I expect Dirty Ds situation to grow worse and LE will probably be going through all of his docs looking for other underage performers. I would also expect them to call some of the ones that are borderline and even run some of the IDs to see if they are fake.

It might even go as far as 2257 and the FBI but we will have to wait and see. In the Ray Guhn case in Florida, the DA added charges as the investigation continued.

It could even impact the affiliates - just as it reached down to the distributors in the Traci Lord case.

[gonzo]

Originally Posted by pornlaw

As the producer you better be able to prove whom the actor in the video is. When there are scenes shot without faces I always instruct my clients to film some BTS footage than can be used to tie the two together. The burden of proof is on the producer.



Interesting but not really relevant. I have never seen an actor charged with having sex with a minor in a case where there is an underage performer. Perhaps but unlikely.

I expect Dirty Ds situation to grow worse and LE will probably be going through all of his docs looking for other underage performers. I would also expect them to call some of the ones that are borderline and even run some of the IDs to see if they are fake.

It might even go as far as 2257 and the FBI but we will have to wait and see. In the Ray Guhn case in Florida, the DA added charges as the investigation continued.

It could even impact the affiliates - just as it reached down to the distributors in the Traci Lord case.

Damn. PULL THEM LINKS!

[Hell Puppy]

We always run at least one "security cam" during a shoot. It's just an extra video camera static on a tripod stashed in the corner out of the way with a wide shot of the room and performance. That tape gets stored with the original raw footage and pics of the shoot including the 2257 docs. It also has the footage of the model presenting the ID and signing release.

If there's ever a question about exactly what happened or was said at a shoot, we've got it on tape.

[pornlaw]

Originally Posted by Hell Puppy

We always run at least one "security cam" during a shoot. It's just an extra video camera static on a tripod stashed in the corner out of the way with a wide shot of the room and performance. That tape gets stored with the original raw footage and pics of the shoot including the 2257 docs. It also has the footage of the model presenting the ID and signing release.

If there's ever a question about exactly what happened or was said at a shoot, we've got it on tape.

I would recommend keeping a copy of all of this in a safety deposit box as well. Once LE comes in with a search warrant those tapes and everything else will be carted off.

This is one way www.2257Safe.com can really help. Its off site storage of your records that can be accessed by anyone anywhere with a password.

If LE comes in and confiscates all records including 2257 records you will have to fight to get them back. And if you're arrested you will have a harder time than just getting them back.

With a mere password you can give your lawyer access to the records so as to help defend you. Dirty D is in Spain and has no way to getting to his records and he even admitted they are probably already gone.

You can have all the proof you want but once LE takes it, it is out of your control and if something is "lost" the burden remains on you to prove it existed. At least always have back up storage of everything off site and off your servers in case those are also confiscated.

[Hell Puppy]

Originally Posted by pornlaw

I would recommend keeping a copy of all of this in a safety deposit box as well. Once LE comes in with a search warrant those tapes and everything else will be carted off.

This is one way www.2257Safe.com can really help. Its off site storage of your records that can be accessed by anyone anywhere with a password.

If LE comes in and confiscates all records including 2257 records you will have to fight to get them back. And if you're arrested you will have a harder time than just getting them back.

With a mere password you can give your lawyer access to the records so as to help defend you. Dirty D is in Spain and has no way to getting to his records and he even admitted they are probably already gone.

You can have all the proof you want but once LE takes it, it is out of your control and if something is "lost" the burden remains on you to prove it existed. At least always have back up storage of everything off site and off your servers in case those are also confiscated.

Good advice.

Everything important exists in at least 2 physical locations. Never really thought so much about a LE seizure as the reason, but more so fire or natural disaster.

[EmporerEJ]

Originally Posted by pornlaw

It could even impact the affiliates - just as it reached down to the distributors in the Traci Lord case.

Don't forget the retailers.....

It reached the retailers. I was one of them at the time.