Comments on: Can you actually go to jail for creating your own content? Yes. Yes you can. https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/ The institute for the advance study of insensitivity and pornography Wed, 05 Jul 2023 13:36:53 +0000 hourly 1 https://wordpress.org/?v=6.7.2 By: AmDazed https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/#comment-35657 Mon, 05 Aug 2019 19:44:18 +0000 http://mikesouth.com/?p=47555#comment-35657 Kelli, as you will see by my lengthy comment on my next article, you made assumptions about this that are not facts. ProModelWorld Put in a DMCA request, which legally has nothing to do with 2257, and fulfillment of such a take-down request does not show judgement by ManyVids nor anyone else. Sites are legally required to removed content when they get such a DMCA take-down request unless they are the owner of said content. They optionally could investigate and allow the original content poster to assert their rights and then re-activate the content, a process which it does not appear ManyVids does.

I’m not sure who your female source is, but based on his twitter ProModelWorld spends his days fucking with people and I wouldn’t find him, nor anyone he refers, to be at all credible.

Another thing is that 2257 documentation doesn’t need to be filled out or signed by performers nor replicated at every shoot. If you were told I filled out a 2257 one time but not another, that’s fine if none of the information has changed. As long as you have copy of identification and have asked the talent for any names they’ve gone by, you can fill out 2257’s without the talent even knowing you’re doing it. Legally speaking, you could have talent fill out no paperwork, have a video taped release, that includes them disclosing all stage names or legal names they’ve ever used holding their Legible ID, and then create the required 2257 documentation on your own from this video. I wouldn’t recommend this but I believe it would clearly satisfy the 2257 requirements.

Another situation is that many girls are so used to filling out paperwork and showing their ID, that they don’t remember doing it. Have seen numerous girls ask to sign the paperwork and provide their ID at the end of a shoot, when they had already done so at the beginning.

I’m guessing you never actually got to speak with Vicky because you’d never have printed the second story. It’s really too bad.

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By: smoke_the_one https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/#comment-35490 Sat, 13 Jul 2019 04:18:37 +0000 http://mikesouth.com/?p=47555#comment-35490 Part of 2257 is putting a statement to the fact, there is no compliant statement on either her c4s or MV.

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By: Kelli https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/#comment-35488 Fri, 12 Jul 2019 13:59:43 +0000 http://mikesouth.com/?p=47555#comment-35488 As far as my job to research or investigate a claim, I was doing just that by contacting these platforms as well as the parties involved. There was more than 1 person who made this claim against her, one was a male the other a female.

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By: Kelli https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/#comment-35487 Fri, 12 Jul 2019 13:58:24 +0000 http://mikesouth.com/?p=47555#comment-35487 AmDazed as I pointed out in my next article, which your words are now the star of, Vicky Vixxx in fact did NOT keep proper records on more than a dozen of her movies and they’ve been removed as a result. And she’s damn lucky that’s all that happened to her. Imagine if the feds would have done a 2257 check on her ass? She would be facing serious prison time.

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By: ProModelWorld https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/#comment-35443 Tue, 02 Jul 2019 04:59:56 +0000 http://mikesouth.com/?p=47555#comment-35443 Have no ideas who that AmDazed person could be but I have e-mails and correspondence from ManyVids Support in regards to a DMCA that was filed against Vicky Vixxx. ManyVids Support removed 16 videos from the Vicky Vixxx Fetish store on June 14th of 2019 after she FAILED to present proper CC 2257 Documentation when requested. I have the entire E-Mail chain from ManyVids support that totally backs up this story. Vicky used to be a decent Producer but she has fallen from grace and fallen hard! Keep on fighting for the truth Miss Kelli Roberts! You always find the good stories! Contact me anytime if you want to see those e-mails!

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By: AmDazed https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/#comment-35227 Tue, 04 Jun 2019 04:39:38 +0000 http://mikesouth.com/?p=47555#comment-35227 Hey Kelli, I know for a fact that Vicky Vixxx keeps 2257s, proper IDs, and releases. I also know there is someone trying to fuck with her and her business and they apparently tricked you into helping. Vicky Vixxx is an award winning producer with much respect from producers and talent alike. You should contact Vicky ASAP and print a correction and probably a few nice promo stories to make up for this complete BS you’ve posted here, without any verification.

You said, “We contact Clips4Sale to discuss the illegal content she’s promoting on their platform but have yet to hear back from them.” Of course Clips4Sale isn’t going to contact you back to discuss this; it’s not your business. What they do, as they should, and you should too, is investigate claims like this before making any determination. And they will investigate and request paperwork when needed. They will not update the person making the accusations with the results. They will make sure their producers are legal or remove them. That’s it. If her stuff is still up a few days after making a complaint, you should assume it’s legal.

You are helping a person who has also targeted, harassed, and tried to extort other people in the industry. Congratulations.

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By: smoke_the_one https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/#comment-35225 Mon, 03 Jun 2019 13:35:55 +0000 http://mikesouth.com/?p=47555#comment-35225 AEBN & HotMovies ask for custodian of records or want copies of 2257 and they list the info on the product page, c4s & Manyvids doesn’t do either. C4S & Onlyfans both have an exemption page, I see no 2257 page on MV, the same MV that allowed a model to upload a video with her dog.

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By: mharris127 https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/#comment-35220 Sun, 02 Jun 2019 20:56:41 +0000 http://mikesouth.com/?p=47555#comment-35220 As far as your 2257 records, you need four copies at minimum. You need both scanned and paper copies on site (in case of a raid) as well as both scanned and paper copies kept off-site in a bank safety deposit box or some other off-site, fire proof place. The cops could seize your copies at your home or office, claim you didn’t have any and prosecute you knowing you don’t have any way to prove you actually had them. If they are kept at an unadvertised, off-site location as well as your 2257 inspection address, you can get them to your criminal defense attorney for use as evidence that the cops are lying. With the current administration, this is a very likely scenario for any producers that get raided.

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By: mharris127 https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/#comment-35219 Sun, 02 Jun 2019 20:51:31 +0000 http://mikesouth.com/?p=47555#comment-35219 Not reporting your actual income can get you in trouble even without a section 2257 investigation. Clips4Sale, ManyVids, FanCentro, OnlyFans, etc. (on top of any investment broker, bank, credit union, savings and loan, mutual fund, etc. that you use/invest in) are required to send the IRS a form 1099 with your information and the amount they paid you each year as a channel operator and content producer. They are also required to send you (as the owner of the channel) a copy. Theoretically the IRS could also go through 2257 paperwork, take copies and model releases then compare them to your reported income (since 2257 paperwork is not sent to the government as a matter of course that would require raids on individual producers and production companies). Also, the C4S, etc. channel owner/content producer (you could be required to send these) is required to send a 1099 to the IRS with your information and the amount they paid you as talent to perform in every video you performed, operated camera, been a grip, etc. for them. There is no way to avoid paying taxes for your porn work (just ask Ashley Blue about that one, she got hit with $26K in unpaid tax bills plus penalties and interest — and that was before C4S type sites), the regulations were tightened up too tight for that years ago. You might have got away with that working for the local Whippi-Dip during your high school years but that won’t be happening in porn. Even if a producer pays you in cash he (or she or they) will be sending a 1099 with the pertinent information to both you and the IRS. All 1099 information is then sent on to your state of residence AND state of filming. If you live in Michigan but film scenes in California, Washington State and Oregon, you are required to file state income tax in four states. Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington and Wyoming do not have a state income tax. Michigan has a deduction for tax paid as a Michigan resident for work in the other states but you still have to file four returns in this example. Again, Nevada and (for those working for future attorney or criminal law professor the future doctorate holder Nica Noelle) New Hampshire do not have a state income tax or you would likely be filing there as well for work done there as a performer/cameraman/director/grip/etc. Non-resident state income tax is paid on whatever you made in that state, not your total income but your residence state income tax is paid on every last dime and not all states had a deduction for state income tax paid in other states. You are considered a resident of whatever state you spent 181 days in that year, if you didn’t spend 181 days in any one state it is whatever state you spent the most days in. If you maintain your primary residence in a state that you did not spend 181 days in or didn’t spend the most time in during the year (say you spent 170 days in California, 50 days in Nevada and 145 in Michigan and maintain your primary residence in Nevada or Michigan) you need a tax attorney to sort that one out (as well as a traffic law attorney to sort out where you need to maintain your driver license, California is really sticky about driver license issues like this one). Of course if you are paid via payroll with federal and state taxes, FICA, Medicare, California employment tax, etc. from your pay you will receive a W-2 as if you worked at some machine shop, McDonalds, etc. except from each industry employer that you worked for that paid you as an employee.

You are also required to pay 15.3% FICA/Medicare tax on most or all of your performing 1099 income (this is NOT the case with investment income). The 2019 FICA cap is $132,900 in earned income (salary, 1099 performer, W-2 performer) which makes the maximum payable in 2019 $16,479.60. There is no cap on Medicare income, you could make a billion dollars a year 1099 income and would have to pay 2.90% of every last dime. You pay half of that on W-2 income (the employer pays the other half), the percentage is 7.65% for that work up to the cap then 1.45% of any earnings (NOT investment income) over that amount. Get a qualified accountant and use his (or her) services. Unless you have a BBA majoring in accounting or better and have kept up on the law (not likely unless you teach accountancy and taxation or work as an accountant preparing tax returns each year regularly) you should not be preparing your own tax returns working in this industry. You will fuck it up, guaranteed!

Also, you have to pay your 1099 taxes quarterly, NOT YEARLY. Your accountant can get you the proper form and instructions to file and pay up. Usually you divide 110% of your prior year’s tax liability by four and pay that amount each quarter but that doesn’t always work (your 1099 income could sharply increase or decrease, making this method not work for you). This subject is too complicated to get into here but your accountant can explain it to you in as much detail as necessary. I don’t know if any banks still take IRS quarterly payments, I used to pay at a bank near me but nowadays I can do it all electronically and have it taken directly from my checking account. Your accountant should print off coupons for this purpose when you file your income tax return with any 1099 income on it.

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By: Kelli https://mikesouth.com/legal/can-you-actually-go-to-jail-for-creating-your-own-content-yes-yes-you-can-47555/#comment-35218 Sun, 02 Jun 2019 20:27:56 +0000 http://mikesouth.com/?p=47555#comment-35218 Yes a few people in the past have been nailed for 2257 violations. But it’s been many years (as far as I know). The thing that sucks is not getting legally charged but them showing up in the first place. The raid for 2257 compliance is a BITCH. They take your computer. Everything. It’s all fucked up.

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