This news just crossed my desktop so I wanted to keep you readers updated:
The Justice Department just released a newly revised Section 2257, 167 pages in length (ouch!).
The new regs aren’t scheduled to go into effect until March, but it does address a few issues that concern small independent studios and independent content creators/website owners that you should probably know now so that you’re ahead of the game.
The revisions now allow for a third party to handle record-keeping for adult sites as far as 2257 Compliance Statements are concerned. This will now give you solo site girls and independent studios that don’t necessarily work out of a sound stage or office the added privacy that has been such a huge issue. You won’t have to see your personal home address on DVDs and in links from your site (whew!).
While that’s one of the pluses of the new revisions, there’s always a negative counterbalance – the new 2257 is now more stringent than ever with the Adam Walsh Child Protection Act of 2006 (Note: My heart goes out to the Walsh family, who was finally able to close the book on their son’s murder case this week.). Now, 2257 Compliance Notices must be placed on every single page of every adult website rather than just on the home page.
“Webmasters will now need to post a link to the disclosure statement on all pages where 2257-triggering content appears,” attorney Larry Walters from FirstAmendment.com said. “This is a change from the prior method of posting a link only on the home page.”
Walters also mentioned other sections of the new 2257 that will be of interest, such as the fact that all videos embedded on Webpages from sites like YouTube must now have full 2257 Compliance Statements – even if the originating site is exempt from compliance. There are also added revisions to the kinds of ID that US citizens must have in order to shoot content overseas.
I know it’s the holidays, and everyone’s trying to take things a little slower (my personal XXX site, for example, is conspicuously late in updating my scenes this month…and my webmasters are out of the country…sigh!), but come New Year‘s, I foresee American webmasters making “update every single page of every single website I own” as part of their resolutions for 2009.
Probably not the Christmas present people were expecting…
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Hmm, a simple solution for many webmasters is if they are running a site off of a dynamic framework like php they can easily slip that 2257 link into the whole site without much work. I’m about to open my new site right after the new year and that is what I fully intend to do because it won’t require much effort. Good article
Yes – I’ve received other suggestions on how to make this simple for webmasters. I think that the easiest and fastest would be to create it into the footer php – that way it will end up on all pages properly
Since I primarily post teasers from metacafe and whoever-tube I don’t have to post these up, do I?
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If you have any sort of nudity on your site, you should have 2257 information to go along with it. You don’t want to link anything to a site without the paperwork, and then find out that you were posting images of minors, right?
Well, I thought that a statement like luxypod’s might suffice: “18 USC 2257 Statement: LuxyPod.com LuxyPod.com is not a producer (primary or secondary) of any content found on the website (LuxyPod.com). With respect to the record keeping requirements as per 18 USC 2257 for content available on this site, please kindly direct your request to the site for which the content was produced. ”
http://www.luxypod.com/18-usc.html
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Well, since you’re posting the video on your site, you technically ARE a secondary producer, whether you are profiting from it or not. Take a look at http://privatexxxstudio.net/will-i-survive-2257-inspection/ and the comments under it – even a BANNER would fall under the Compliance regulations.
I’ll do a tad bit more research into the topic of secondary producers and post more in a week or so. The new regs don’t go into effect until March 18th, but you might want to do a little digging into the whole Secondary Producer definition as well