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2257 Is Toast
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Good to know . . .
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Wow. A dozen years to fight and win. It was worth all the work. Only a handful of companies were ever charged and, if I remember right, no one was prosecuted under 18 USC 257.
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huge win for the industry :thumbsup
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Many older shooters went out of business. At least one committed suicide.
Big headlines about "raids". Even back then, those "inspections" cast a shadow on the photo/videographer or studio. AEBN put in a paralegal Dept for over a year - which kept everyone on the up-and-up, nonetheless. We had 3-page model releases for years, which were stupid, because that got far more invasive than just age. The one thing that someone should clarify: If a model from Europe or Asia or even South America or Canada, travels to the US, can a US photographer shoot with them? Under the most strict reading of 2257, the model needs a "US ID". To me, that went beyond age verification, to a definition of "working" in the US, which in itself is not permitted with a Tourist Visa. If you consider "shooting" as "working," with a payment or not, and in the US, earning less than $500 (or is it $600) is the threshold for reporting earnings from any specific company in a calendar year. That has always been vague for me. |
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The one form Ive never seen a producer fill out, even with US based models is the I-9 Employment Eligibility Verification https://www.uscis.gov/i-9 https://www.uscis.gov/i-9-central/penalties |
Thanks Bush..
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TLDR; what are the implications?
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too long, any resume please?
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That's why I travel to the UK and Europe to shoot with models who are not US Citizens! They've got UK or EU Driving Licenses or Passports, and none of those work in the US! As described above, not (just) because of 2257, but also Immigration.
And that's why I used the term "vague," because it's not in 2257, you need to look at another set of laws. In this case, Immigration. A Friend of mine on Chaturbate Tweeted that he was going to have a Guest in his room, from Canada! I'm thinking: "No you're not. Canadian IDs don't work in the US!". But because of the 8 Timezones difference right now between us, I never got to find out if CB approved the Guest's Canadien ID in a Arizona chat room! I'm sure there's photo/videographers reading this, knowing they have shot with models from other countries than the country they shot in. Sorry guys and gals, that's contrary to the (Immigration) laws - beyond 2257. |
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These persons doesn't need work visas / work permits if they don't plan to stay longer than 90 days in the Schengen area. This only applies to persons that don't have any employment contract. There may be differences depending on the model's country of origin though, I have checked Ukraine for this example. |
I've known this since around 2007, that is doing "work" while in other countries, when I started traveling outside of the US.
The topic came up last year in the news, when someone pointed out that a young female model from Slovenia named Melania, came to the US and did fashion shoots - while on her Tourist Visa! But, because she married a Trump, not a Clinton, the topic died. |
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