Expert: Dan Pepper - 12/24/2010

Question
Hi Mr. Pepper,

How are you? Merry Christmas. 2 quick questions regarding 2257 compliance. I've read through the actual statute before I officially started production, but one thing is not completely clear to me... the copy of the production to be kept with the records... Does that mean the original master, or can it be the finished product (a finished DVD, for example)? In my case, I'm producing internet content. So, do I need to keep the original files - straight from my video camera - on a DVD with the records, or will a CD with the finished and edited WMV files suffice (to be kept with my hard-copy 2257 records)?

Also, model consents and civil matters aside, say hypothetically that a producer had content with models from before she was doing full 2257 compliance docs, etc. She had the content, and valid copies of the models' identification, but no 2257 compliance paperwork (i.e., no signed document with pseudonyms, aliases, etc.) Is that usable content?

Thank you for your time.

- Mike

Answer
Hi Mike,

The regulations require that:

"the records shall include a copy of the depiction, and, where the depiction is published on an Internet computer site or service, a copy of any URL associated with the depiction. If no URL is associated with the depiction, the records shall include another uniquely identifying reference associated with the location of the depiction on the Internet. For any performer in a depiction performed live on the Internet, the records shall include a copy of the depiction with running-time sufficient to identify the performer in the depiction and to associate the performer with the records needed to confirm his or her age"

You'll see above that a copy is sufficient.

Regarding your second question, if the production was made after July 3, 1995, then the regulations also require documentation of 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.  If you do not all of this information, then the content is not compliant.