Photographers Beware
From Modeling Mayhem:
This thread has been very timely as a way to get the word out to you all.Yesterday, 18 December 2008 will burn into your memory as well as give you heartburn. The US Department of Justice published the NEW REVISED 2257 REGULATIONS including the 2257A changes mandated by Congress for compliance with the Adam Walsh Act which established as 18 USC c:110 s:2257A
A full analysis of this damn thing is not yet available BUT what is there will make your eyes water, and I guarantee it will.
These NEW record keeping regulations extend a NEW recordkeeping requirement to a LOT of work involving mere nudity, and some with no actual nudity at all, presented in any way that can be interpreted as “lascivious exhibition of the genitals or pubic area” [even if covered] that is produced on or after March 18, 2009
Read and weep – - -
SOURCE DOCUMENTS
text version at
http://edocket.access.gpo.gov/2008/E8-29677.htm
PDF at
http://edocket.access.gpo.gov/2008/pdf/E8-29677.pdf
The actual text of the NEW regulations is on Pages 38 – 42 of the PDF – there are requirements that wll apply to this site and your own website, and any other uses, such as in print, published in or distributed in the United States.
This law is something like 150 pages with a lot of “ors” instead of “ands.”
One of the things that stands out, aside from the fact that non-nude but suggestive material is included, is the fact that you not only have to put contact information including the location of the releases on your site you have to be ready for inspection a minimum of 20 hours a week during business hours. –In other words they are going to be sure you’re there for their surprise inspection.
If you work mostly on the road and don’t have a formal office or you’re an amateur who occasionally posts to the web, including Yahoo and Google groups, but works a 9-5, you may have a major problem.
The law says the link and the statement itself must be at least 12pt large in size, and the full statement should be black on a white background.
The label must contain Title of Work, Date of Production, Custodian of Records Name, and Address of Records.
They also want you to keep a scanned copy of the model’s ID with scanned photo and a second ID if the person doesn’t look like their original ID.
Why do I see this leading to another Law Enforcement group under the auspices of the DOJ.
I understand what they are trying to accomplish, but like so many things they’ve done it in such a way that all it will take is one overzealous agent to destroy someone’s life over a little record keeping problem.
They will regulate us to the point that we can’t pass gas without a permit from the EPA. —But it’s for our own good….
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