I reread your post Paul;

1.) The fact that he listed you as the "primary producer" means little legally, the Sundance decision that allowed this was vacated by the enactment of the revisions in the §2257 statute. Under the current law documents must be kept and indexed by the exhibitor of the images.


2.) Under §2257, as a person that is not under US jurisdiction (do you plan on setting foot on US soil? [you are an expatriate? Visiting?],) as a "primary producer," further extraterritorial, and the person having actual contract with the model — you only need to provide the "secondary producer (the person you sell content to)" with documentation that he would be required to examine then ascertain (to the best of his knowledge, without any verification,) that the models are at least 18-years-of-age then retain and index those documents prior to displaying those images.

Your responsibility to satisfy HIS (not your) legal requirements ends at that point even if you were a US entity and not a Czech one.

The buyer as the image's exhibitor is responsible to maintain, in many cases DUPLICATES of the documents that you already have on file. When an international transaction is involved this could be justified to some degree however this is a reversal of the statutory burden of proof required in criminal law in the US — innocent until proven guilty.

This differentiation is made as the makers of this law claim regulatory stature and necessity of "public safety" — CLAIM that they have the authority to regulate free speech and this is one reason for the constant legal challenges ...

If someone wants to sell content from outside of the United States into the US market they would want to offer US buyers documentation as to the models' ages as well as the standard Model Release to prove copyright license, willful acts (consent,) etc. .

I doubt the USDOJ (acting like the Untouchables) will be sending its agents to the Czech Republic anytime soon to bust into your place of business and do a warrantless search— their jurisdiction stops at the US border.

Solution: State that you require the model's name to search if she was ever photographed by you and if they don't have that you can provide no information — if they don't have that — too fucking bad ...



For discussion purposes only — not to be construed as legal advice.