Expert: Jim Boyd - 10/3/2008

Question
QUESTION: HI Dan
Scenario: a performer has been photographed for a website say 6 months ago, in their 30's at the time, and provided valid state drivers licence as ID. If that same person, for the same website is photographed again, anytime after the initial date, will it matter if the ID had expired? According to what I read on the 2257, it doesn't specifically say anything regarding the ID being expired or not, and that additionally only one copy of the ID is required to be kept if the performer has multiple performances for that site.

(1) The legal name and date of birth of each performer, obtained by the producer's examination of a picture identification card. For any performer portrayed in such a depiction made after July 3, 1995, the records shall also include a legible copy of the identification document examined and, if that document does not contain a recent and recognizable picture of the performer, a legible copy of a picture identification card.

Sec. 75.3 Categorization of records.

Records required to be maintained under this part shall be categorized alphabetically, or numerically where appropriate, and retrievable to: All name(s) of each performer, including any alias, maiden name, nickname, stage name, or professional name of the performer; and according to the title, number, or other similar identifier of each book, magazine, periodical, film, videotape, computer-generated image, digital image, picture, or other matter.
*Only one copy of each picture of a performer’s picture identification card and identification document must be kept as long as each copy is categorized and retrievable according to any name, real or assumed, used by such performer, and according to any title or other identifier of the matter.

So really, would it matter? The purpose of the ID is to assertain the person's identity by photo and birthday... Even though the id expired, those points are still valid (expired less than a year I would assume) AND the initial paperwork for the first shoot provided, the licence was valid.

Trying to avoid scrapping a second shoot that could otherwise be fine.

Thanks,
D


ANSWER: Yes…it matters!  Performer IDs MUST be valid at the time of the creation of any Adult Material. If a performer comes to a shoot with an expired ID…that ID is not legally acceptable as an identifying document nor can you use a copy of an expired ID you obtained from a previous shoot legally shoot new material with her.

Producers are required to verify the ID and age of ALL performers prior to EVERY shoot, even if you have worked with her before. It's true you only need to keep one copy of the ID document...but they must be valid at the time of the most recent shoot the performer was involved in. This would mean that if you have an expired ID from previous shoots for one of these performers, you would replace it with the valid ID you collected at the most recent shoot.


There is no need to actually scrap your second shoot. Simply meet with the young lady in question, obtain current ID, and replace the expired copy in your records.


---------- FOLLOW-UP ----------

QUESTION: Ok so I am still a little confused. If the ID was expired at the time of the shoot, but she has an updated new one after the shoot, we can still use the shoot? Won't the issue date being after the shoot date be a problem or no?

Answer
As I said in the previous response: "Producers are required to verify the ID and age of ALL performers prior to EVERY shoot, even if you have worked with her before." IDs MUST be valid at the time of each and every shoot.

You are good to go with the footage shot 6 months ago because the ID she gave you was valid at the time of that shoot. However, because the ID expired before the second shoot 6 months later, it cannot legally be used as an identifying document for the second shoot.

The ONLY way you could legally use the footage from the second shoot would be if you can meet with her again and she is able to hand you an ID that was VALID at the time of the second shoot. IF that can't be done...everything you shot has to be scrapped.