I was talking about recently, certainly after HIPPA took effect. I referenced HIPPA mainly to explain why keeping actual test results is dicey (without HIPPA it would actually be a good idea). If AIM was faxing test results to producers without explicit performer permission that was then (my understanding was that their verification portal did provide test results, I am not familiar with the permissions given to do so but faxing would be dicey even with permission because you can’t verify if the person requesting it is the person he claims to be — even with permission actually keeping those results is still dicey). If their successors are still doing that today they are doing so on thin ice (you would probably agree with me on that one).

I will say it again. If you can turn me into a tool (evidently you think you already have) I want to be a sledgehammer on legs and be transported to Weinstein’s office so I can make him regret the day he started his campaign to run porn out of California. Better yet, turn my hair (I don’t have much anyway) into two cyanide pills and shove one down Weinstein’s and Izzy’s throats. Also, if I am a tool than you would have to say the same about almost everyone in the industry. I prefer to think I am quite reasonable (I have actually said I agree with you on many things lately) and Weinstein, Izzy and friends are the tools.

I’e had this discussion scores of times, in person, and have literally handed out hundreds, if not thousands of copies of performer test results. AIM would get dozens of phone calls EVERY DAY< asking for copies of tests to be faxed to production assistants, and directors on set., @Mharris dont ever pretent to know more about the testing, what happened with the tests, methodology, or anything related to the testinf of performers than I do. Simple fact is you dont. I wrote the book, literally, I wrote the procedures and protocols. I very often warned of the dangers, but, this is porn, and nobody gives a shit, until they get busted. And yes, you are a tool.

I had this discussion with a couple of producers on ADT. They said that test results weren’t kept due to HIPPA, the chances of them being seen by the wrong person and causing affected talent to sue the pants off of them was too great. Yes, keeping a copy for proof of lack of VD would otherwise be a good idea but HIPPA just makes it too dicey to do so. Keeping a PASS printout saying the talent is cleared for work might be OK as no actual medical information (other than the implied no VD) is on it but IMO I have to agree with them that keeping actual results is dicey at best and ruinous at worst. Certainly a content purchaser does not have reason to keep copies of either the test results or even a PASS printout.

BTW even if you disagree with me about keeping test results, take a look at section 2257. You will see that I am correct about the requirement to keep copies of two forms of ID, one having picture and age/birthdate on it. Since the law does not give a time frame it is implied that this documentation is required to be kept forever.

Even though I just made you look like an ass, if you still think I am a tool I want to be a sledgehammer on legs so I can waltz up to Weinstein and smash his head and brains into smitherines.

Jilted, since you say the sunset clause allowing you to publish most of those interviews takes effect by January 2016 (ten years from December 31, 2005 — if you would have roughly 400 interviews free to use rather than the 120 now it is worth waiting) IMO you should wait the year that is left, work on that book in the meantime and publish it as an Amazon Kindle book when you can legally do so. I know I would pay $10 for it, I am sure several hundred porn insiders would as well. You can get a free copy of either Open Office or Libre Office (word processing/spreadsheet/presentation program) from the respective websites so you can type the book out (these programs are available for both Windows and Linux), you evidently already have a computer, buy a cheap USB stick to back up your book on (less than $10) and put the time into it (probably the most expensive part, I think you would have a good 400 pages of finished copy which would take you several hundred hours to compile and write out and another 200 hours or so in editing time) Also, put the tapes and papers (or copies of) from those interviews in a fire-proof bank safe at a bank offering safety deposit boxes to protect them when you aren’t using them to write the book so the surreptitious bunch that stole AIM’s paperwork can’t steal those as well.

@rawalex

Each license has a separate fee from the $100 record keeping fee for each production …not to mention the condom, testing, vaccination, records custodian, etc didn’t go away not to mention that somebody gets short straw having to sign under penalty of perjury.

Might be kinda like duct taping a leaky copper water line and attaching a ground wire for good measure. Can you picture the plumber and electrician hitching up their trousers as they chuckle at the crying DIY ….yeah that’s OSHA workers celebrating their job security.

@rawalex,
The proposition here has a section for defininitions,,,,and it clearly defines and actor, from a producer, etc,,,, misclassifying someone as an independent contractor is illegal, and in your example here, illegal also, It is no up to the producer or anyone else to decide the classification of any employee,,,,thats up to the state to deterine. I can call my telephone a box of rocks, it doesnt make it so.

..adding of course that 1 minute after the production is complete, the various “co-producers” will be bought out by the main producer for just about exactly the same amount they would have been paid for the scene.

Harris,
virtually everything in the post above is incorrect, but it aint the first time.
And you are completely wrong about producers not keeping copies of the tests,,,,,the more you talk Harris, the more you look like a complete tool.

Assuming this was after 2003 (August 17 IIRC) when HIPPA took effect, I think he meant that his employer required a statement under penalty of perjury and notarized by a notary public from the producer/distributor that tests were reviewed before filming and that either all were HIV negative or that performers were sero-sorted where HIV positive performers only worked with others that also have HIV. That statement being required is legal although not required by law. Even Forrest Gump and Max Hardcore aren’t stupid enough to require the actual results to be forwarded to them unless they are the producers and required to view them (which this commenter was not). My understanding is that although tests are checked many producers do not keep copies of the test anyway (keeping test results are not legally required although copies of at least two forms of ID including one with picture such as a passport, driver license/state ID, Social Security card, credit card, library card, welfare ID, prison ID, etc. are required to be kept due to section 2257 of the Federal Code for all eternity — literally in the year 3000 a producer’s descendants better be able to produce those ID copies), there is just a check box on the pre-production form/model release that the producer and performer sign before filming that states VD test results were checked.