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All Forums > The Porn Pool > The Porn Pool Forum Page 811 > Record Keeping
AuthorPost
rt
Member


42 Posts
12/01
Posted - May 8 2002 : 5:56PM
At the beginning of adult movies I have seen, there is a notice about certain records being kept with a certain person. What are these records and who has to keep them?
Bill All-Star Supporter
All-Star Member

5334 Posts
6/00
Posted - May 8 2002 : 11:19PM
The records relate to the keeping of copies of ID's of all of the performers proving that they were 18 years or older on the date that the video was shot.

I don't know the exact rules, but different companies seem to treat them differently. Some companies specifically list the name of the person responsible for record keeping, and others just say that records are being kept at the company.

My guess is that by law, the companies probably are supposed to list the name of the person, but given the turnover of employees and the sale of companies, giving company information probably makes more sense for many companies.

tricia_devereaux
Evil Angel DVD

Patience is a virtue, but who wants to be virtuous?
4283 Posts
4/00
Posted - May 9 2002 : 1:39AM
To the best of my knowledge (and I may be wrong), the custodian of records should typically be the owner of the company who owns the copyright to the video.
Sometimes, it may also be the owner of the company who manufactures the video.

Bill was right on about what it deals with, though. All companies are required by law to keep flawless records on every video that is manufactured. This means that a legible copy of a legal ID is kept on file for all performers within the videos.

BIGmike
B-I-G-m-i-k-e

2335 Posts
3/01
Posted - May 9 2002 : 6:23AM
Doesn't the custodian of records list the actual name of the owner/director of a film, and not their performer name?

I've been reading that certificate of compliance (that is what it is called, or something like that), and I have noted many names that are different in the beginning.


---BIGmike, over and out!---

five_star
Five Star DVD

Tempe, AZ
167 Posts
11/99
Posted - May 9 2002 : 8:01AM
According to federal law, producers of adult content must keep documentation on file to prove that the performers or models are at least 18 years old. Each production company designates an employee (usually an owner) as the “Custodian of Records” and they are in charge of keeping these records. The name and address of the Custodian of Records should be at the beginning of every movie as well as printed on the box.

Probably the number 1 reason that US based retailers don’t carry DVDs from Asia and Europe is because they don’t conform to this law. Violations can result in larges fines and prison sentences.

Ken Graham
Five Star DVD


 
Cognex
Member

126 Posts
2/01
Posted - May 9 2002 : 11:21PM
All companies have a custodian of records. Sometimes it's the owner if the company is small, however, they all must have someone who keep track of the paperwork for legal reasons. I've served subpoenas many times for the business (my Mom owns a process service company), and these papers are in fact nothing more than a request for documents needed in legal cases. Most of the time it's doctors. When I'd say "I have a subpoena for the custodian of records" they'd look at me like "who's the custodian of records?".
Scott Kinney
xxximports.com

New Jersey
369 Posts
5/02
Posted - May 13 2002 : 8:02PM
I just want to respond to a part of Ken's post; namely
that lack of records is probably the main reason that
U.S. retailers don't carry Asian or European DVDs.

Errr, not really. Lack of proper records will control the
choice of a paricular title, but other factors overshadow
it. (I've only run into 1 European company whose record
keeping was so bad that it has tainted all discussions with
that company. Don't ask....)

Anyway,
1. Will the company do business with a U.S. company? Are
they at all interested in distributing in the U.S.? (The
owner of one company is completely convinced that if his
videos are distributed in the U.S., that he will be arrested the very next time he enters the country on vacation.)
2. For DVDs; do they or will they master DVDs in NTSC
format? Most will not. Some will if the distributor/retailer will buy a large enough volume to justify a special manufacturing run. (The PAL vs. NTSC issue is probably worth a post in its own right.)
(For videos, will they supply a master, etc.)
3. This is probably where the record-keeping issue rests,
and where other legal reviews and clearances.

That step is really where you'll select specific titles and begin negotiating prices and terms. Lack of records simply drops a title from consideration.

Having said that, the other issue is that the record-keeping is required in the country where the tape or DVD is produced. So, where my distributor creates the NTSC version of a tape, the records are kept in their offices in the U.S. Where the video or DVD is produced in Europe and shipped to us as a finished piece, the records must be kept in Europe, in a form compliant with U.S. federal law (we supply a checklist for them to work with...)

Scott Kinney
Diversified Video Associates
www.xxx-imports.com

Drew Black
broken crankshaft

8009 Posts
9/99
Posted - May 13 2002 : 10:04PM
Record keeping is only a part of the section 2257 requirement. (granted it's an extremely important part of meeting the requirements)

The secondary requirement is that all pornographic items be clearly labeled with an statement that indicates where the records are kept and by whom.

Even if a porn video producer has infallible record keeping systems, that won't keep a retailer out of jail if the video, packaging and any related materials do not contain proper section 2257 statements.




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