|
 |
|
|
|
 | | |
 |
|
|
|
09:18 PM EST, Thursday Mar 04, 2010
|
|
 |
illegal alien models - how big a problem |
 |
|
How big a problem is this?
In reviewing documentation on some custom produced video content I learned that several of the models are illegal aliens from Mexico living in the US. They all have 2 forms of US state issued photo ID saying they are over 18 and etc. SSNs fail eVerify. Phone numbers provided are disconnected. Turns out its not that hard for some illegal immigrants to get US drivers licenses, etc. Content was made in the US and paid for in the US. Didn't know they were illegals when the content was made, but the producer/videographer did. Arguable should have known because they were working pretty cheap.
Am I right that all this content can't be used? Should be destroyed?
Is there any other liability?
This can't be an unusual problem.
_________________
|
|
|
|
|
|
|
|
|
|
|
|
|
|
09:58 AM EST, Friday Mar 05, 2010
|
|
|
anything shot in the US needs 1 valid government issued photo ID from a US governmental organization. A VALID drivers license qualifies as far as 2257 requirements. 2257 requirements are about being 18 years of age and nothing else. As long as the actors actually were of age there is no concern there.
It sounds like you are not the producer. The problem about illegal aliens is the right to work and taxes. If you are not involved in anyway with the hiring or payment of the models you have no legal concerns. As to whether or not you could be dragged into a problem by using the content your best advise will come from your lawyer not this board.
_________________
|
|
|
|
|
|
|
|
|
|
|
|
|
|
01:32 PM EST, Saturday Mar 06, 2010
|
|
|
Thanks. This is custom produced exclusive content, we have a very close working relationship with the producer, but we were not the producer. Apparently, it can be argued that maybe were were since its custom exclusive content. ID is a valid driver's license, a state medical insurance card and a student ID from the state university; but the phone number and SSN don't check out. The producer definately knew that they were illegals. He purposely paid them less than the amount that requires government reporting. The "15 minute" answer is that there are a lot of mirky questions and the safe answer is to not use it and eventually destroy everything "in the ordinary course" of system maintenance. He suggested it would involve analysis of how connected we could be held to be and how much we could be held to have actually known or should have known; that it could be more expensive than the content to get an opinion of just how much real risk there is.
I'm looking for insight into real world experiences and common practices.
_________________
|
|
|
|
|
|
|
|
|
|
|
|
|
|
02:54 PM EST, Saturday Mar 06, 2010
|
|
|
You purchased a product. The documentation YOU are required to have is proof of age and the right to use the material and own the copyright. The stuff you are talking about is the producer's problem.
You have no legal need of the social security number and there was no need for you to verify the SS numbers. The producer has the problem if he were to be audited because after auditing you, the auditor wanted to see if he reported the income you paid him. He should have either paid taxes as employees or have documented that the actors are independent contractors and not subject to his employer/employee relationship. This is often part of the model release. I haven't kept up-employees must prove their right to work and need a valid SS number-I don't know if Independent contractors need to prove their right to work.
It doesn't matter how connected your businesses are. Are they separate or not? Do you have proof you purchased the material-such as a bill of sale-which is often part of the transfer of rights or the work for hire agreement.
The only issue you have is-is the ID valid? If you KNOW that the actors used false documents to obtain a drivers license you don't have a valid ID and that would be a problem IF the FBI actually inspected your records AND for some reason connected the actors to not having valid IDs AND you told them you had knowledge of that fact.
If you had done your homework and actually learned what you need to know about documentation you would have never opened this can of worms in the first place. YOU caused yourself this problem with your ignorance of what is required.
On that note-who set up your paperwork? If you never had a lawyer go over your paperwork in the first place, you need to spend the bucks anyway on making sure your docs are in order and you can throw this issue in.
_________________
|
|
|
|
|
|
|
|
|
|
|
|
|
|
11:01 AM EST, Tuesday Mar 16, 2010
|
|
|
If I were in your situation I wouldn't destroy the content. However, if your conscience doesn't permit you to use it then don't. My understanding of 2257 etc. is that these laws are all about verification that the models are of legal age. Law enforcement agents who show up at your door to verify 2257 compliance are basically looking for evidence that you are not using underage models. If they want information about the immigration status of the models, they will seek that information from the person who produced the content, not you.
When I set up my business years ago, the attorney who helped me do it explained all this to me. If you are the producer of the content, and the content is made in the US, you are supposed to have each model fill out an I-9 form (which requires them to provide government issued documentation that they are legally eligible to accept employment in the US). If you are not the producer of the content, verification of employment eligibility is not your responsibility because the models were never your employees.
As well, if you are the content producer you are supposed to deduct taxes from whatever you pay them (if it is over a certain amount) if you hired them as employees; or if you hired them as independent 1099s you are still supposed to report whatever you paid them to the IRS---which means they must give you a social security number or a Tax ID # on which the income can be reported. If they are 1099 employees, whatever income they earned from you must still be reported by you to the IRS, even if they are not required to pay taxes on the amount. From my experience in this industry I have discerned that many small time content producers do neither. I haven't yet heard of the IRS going after anyone for failure to follow these rules, but that's not saying that they won't start doing so in future. You are correct that this is not an unusual problem in this industry, but the truth is that most people don't care. If you ask the average porn site publisher if he/she has I-9 documentation for every model that appears on his/her website most will wonder what you're talking about. I don't think that the immigration people or the IRS care very much about this issue though, perhaps because they don't perceive it to be significant enough an issue for them to expend their resources on. In reality, the IRS doesn't care if a person is illegal. All that they are interested in is whether you're making more than a certain amount of money so that they can take their cut out of it. Also, Immigration and Customs Enforcement will not go out of their way to find a few illegals who do an occasional $100 porn shoot. They are looking for criminals and other egregious violators, and businesses that systematically employ significant numbers of illegal workers.
In any case, this content producer that you are working with sounds pretty shady to me. If I were you I would avoid doing any further business with this person.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
02:37 PM EST, Wednesday Mar 17, 2010
|
|
|
Personally, I would speak with your attorney. Just to be on the safe side 
_________________
EXCLUSIVE CONTENT
ICQ: 292-356-077
Email: nikki@nikkilicks.com
|
|
|
|
|
|
|
|
|
|
|
|
|
|
