I recently have been looking deeper into the 2257 laws since I have pulled down my site and brought it back up. I went to researching this more in depth before I put my content back up onto the site so I can be Compliant within the laws. There’s a few things that I have come across that I haven’t heard of anyone speaking of as of yet that I wanted to m`ake sure was brought to all performers attention.
Do you separate your 2257 Age Verification forms away from any other forms that you may have? Or do you keep all your forms together? If you do keep all your forms together, you are making a grave mistake!
I found this searching Google
Age Verification, Model Releases, and Records Keeping Obligations
Adult webmasters must take steps to ensure that performers and website users are over the age of 18 in the U.S. Federal law imposes numerous records keeping obligations. Title 18 U.S.C. s. 2257 (and associated federal regulations) require that performers in sexually explicit media provide government-issued ID’s, and that all producers (including secondary producers such as webmasters) maintain records associated with the performer. We recommend that our clients use our firm’s mobile app; Quick2257, to compile mandatory performer age records. Model releases must be obtained and kept separately from the Section 2257 age records.
And I wanted to make sure to stop there for the moment! Before I quoted the rest of that law. I wanted to make sure this was paid attention to.
These releases should be drafted by an experienced adult website lawyer, and cover issues such as right of publicity, invasion of privacy, STD’s, sexual harassment, condom usage, and character/persona rights. The publication of sexually explicit media on a website generally requires a Section 2257 disclosure statement, which identifies the location of the mandatory records.
Again I wanted to stop right there before continuing to make sure this was paid attention to. Now for the rest and to finish up that quote
Some user-generated content or profiles are exempt from these obligations. For example, tube sites and adult dating sites can position themselves to take advantage of Section 2257 exemptions, if operated properly.
To go even farther into producing Adult Content to sell. Taken from The Porn Law attorney Michael at adultbizlaw.com. He has been a great help for me as well as many of us over time. Porn 101: 18 USC 2257 The Basics
What 2257 requires?
Any producer, whether primary or secondary, involved in the creation or commercial distribution of images that contain visual depictions of actual sexually explicit conductî must maintain certain records of those that perform in that visual depiction.
TO NOTE: GUESS WHAT THIS MEANS??? SITES LIKE MOTHERLESS, YOU ARE PUTTING YOUR OWN CONTENT UP…..FOR THOSE JUST THINK THAT THEY CAN DO SO, NOPE!!! NOT BY LAW, YOU CAN NOT JUST DO SO!!!
THE ONLY WAY THAT YOU ARE ABLE TO UPLOAD YOUR PERSONAL CONTENT ONTO MOTHERLESS AND NOT HAVE TO SIGN A 2257 IS ONLY BECAUSE “TUBE” WEBSITE!!!
THIS IS WHY YOU ARE ABLE TO HAVE A CHOICE WHEN YOU UPLOAD YOUR CONTENT ONTO MOTHERLESS, THINKING YOU ARE GETTING AWAY WITH IT!!!
What do I have to do as a producer?
If you are a producer of content you must create and maintain the following records;
(A) The legal name of each performer obtained by the examination of an identification document;
(B) The date of birth of each performer obtained by the examination of an identification document;
(C) Any name, other than the performer’s legal name ever used by the performer, including the performer’s maiden name, alias, nickname, stage name or professional name;
(D) For any content produced after May 26, 1992, such names shall be indexed by the title or identifying number of the book, magazine, film, videotape or other matter and again websites are included in this;
****(E)Keep copies of all the identification documents that have been examined separated from all other records.*****
What constitutes identification?
(A) A state or federally issued ID that bears the photograph, name and birthday of the performer.
What do I have to do as a performer?
(A) Have 2 forms of identification issued by a state or federal government showing your legal name, birth date and photograph;
(B) Have a list of all your stage names, professional names, nicknames or alias that you have used in the adult entertainment business over your entire career;
While it is not required I would also provide any producer/director the following as well;
(C) A list of all the titles of the video/DVD, magazine and website performances you have been in.
Where and for how long do I have to keep the records?
(A) At the producer’s place of business;
(B) The place of business must be a street address not a PO Box;
(C) The records shall be maintained for as long as the producer remains in business;
(D) If the producer ceases to remain in business, he or she shall still continue to maintain these records for a period of 5 years.
Labeling requirements under 2257…
(A) A statement must be affixed to every copy of the book, magazine, periodical, film/video, website or other matter that shows the title or identifying number of that publication and;
(B) The date of the production, manufacture, publication, reproduction or reissuance of the matter and;
(C) A street address at which the records can be made available;
(D) The person responsible for maintaining the records;
(E) The name of the corporation/legal entity as well.
What can happen if I violate 2257?
(A) Violation of 2257 is a felony and those found guilty of such shall be imprisoned for not more than 5 years and/or pay a fine;
(B) A second offense is punishable by imprisonment of not more than 10 years, but not less than 2 years and/or a fine;
Two last things to bring up:
I have to now find it, because I wanted to quote it. I have read on the First Admendment Site somewhere, THAT IT IS NOT RECOMMENDED TO DO MORE THAN “TWO” DIFFERENT BRANCHES.
This means that clientele/customers who are demanding providers to IE; escort, cam and phone sex, that is a NO GO!!! ONLY TWO SERVICES PER PERSON, NO MORE THAN TWO FOR THE PERFORMER!!!!
SO ALL THIS PRESSURE THAT HAS BEEN PUT ON ME AS WELL AS ALL OTHER PERFORMERS CAN NOW RELAX, IT’S NOT LEGALLY POSSIBLE!!!
One last thing: I thought about this and freaked myself out: Checking Age Verificatiton to whom you are selling content to. Selling content like I am, from your website, YOU MUST CHECK FOR AGE VERIFICATION. Sites like onlyfans, clips4sale, etc. do the age verification for you. So, therefore no need to worry about it. But for those out there, like me. Selling content from your site and no where else. Look into birthdateverifier.com like I am.
Adult website operation can be profitable, but comes with inherent legal risks due to the controversial nature of the content. The adult entertainment industry is a highly regulated field, and requires careful attention to legal detail. An experienced attorney, familiar with the First Amendment, Adult Entertainment and Internet Law will be an essential part of the team. Operational risks can be substantially reduced by addressing relevant legal issues prior to launch.https://www.firstamendment.com/adult-website-law-beginners-legal-guide-for-operating-an-adult-website/