Software Developers Offer 2257 Compliance Solutions
CYBERSPACE – Webmasters and adult content providers both large and small have reacted to the recently revised 18 U.S.C. §2257 labeling and record keeping regulations with a mixture of shock, apprehension, anger, denial, and pragmatism. Meanwhile, software developers have been doing what Capitalist companies do under such circumstances: creating solutions. Although there are undoubtedly other software alternatives either on the market or in production, four have received recent exposure within the adult industry: Komply, Zofex, My2257, and 2257-compliance.
Except for Trevor Jorgenson’s Komply, which is in beta test, each service primarily targets medium to large scale producers and webmasters. Portland Oregon’s Jorgenson, on the other hand, built his model and record management application in order to ensure the he was in compliance with the new regulations, which take effect on June 23, 2005. Knowing that others were in the same situation, his company, Manic Productions, “decided to build a comprehensive tool to help everyone who needs to be in compliance get into compliance.”
Although modest in price and complexity, when placed beside its competitors, Komply is billed as being an across-the-board application designed specifically to ensure that adult webmasters, content brokers, and both primary and secondary producers are able to be in full compliance with the regulations. Komply is a single application capable of indexing and cross-referencing various kinds of information including model releases, identification, as well as other details and forms of documentation. Privacy concerns are addressed by class-based user permission levels, which allows users to access a separate area where inspectors can pull up specific data without being exposed to unrelated information. Komply runs on Windows and UNIX workstations and servers. Screen shots with explanatory accompanying text appear on the Komply web page www.manicproductions.com/komply, explaining how the system works and showing how it looks. Visitors may sign up for the Komply mailing list in order to learn about pricing, availability, and program updates.
Zofex, Inc. is a document and information management company that professes to provide the same basic service, but with a collection of important extras that will be of special interest to larger companies or those who deal with a greater volume of content. According to CEO Tamara Burch, the company has been working on the software for nearly seven months, with the aim of being equally useful to both primary and secondary users.
In addition to providing reliable compliance services to its subscribers, the minds behind Zofex quickly realized that primary content producers were especially concerned with maintaining and protecting the identities of their talent. Sometimes to the point where they were reluctant to provide the company with their personal information. In order to accommodate these needs, Burch says the company made an extra effort to cloak the identities from those with no need to see them by creating a subnet underneath the primary, which allows primary content providers to black out information that secondary providers do not need to know.
“However,” Burch assures prospective clients, “if they get audited by a government agency of some sort, then the information will be released, because it is logged back to the primary one.”
Customers can input their own information or, especially useful for larger companies, can request that Zofex do it for them. In fact, Zofex is willing to scan, index, and review each image for compliance, issuing a “deficiency notice” whenever ID is missing or questionable, a model appears underage, or cross-indexed images lack proper documentation. Storage space on the company’s in-house servers is also available. Content is numbered and coded to associate with the primary set, but webmasters can access and update it to reflect site changes. Each client also receives CDs containing all of their information.
According to CIO Nick Dekay, one of the appeals of his company’s service is that it allows clients more uptime, since they are not responsible for maintaining and updating the servers or paying for the bandwidth. Customer service is available by telephone or email from 8:00 am until 8:00 pm EST. Priority customers receive 24/7 support via cell phone contact with technicians.
Burch encourages those affected by the 2257 regulations to research their options and find the one that best fits their needs, as enforcement measures are likely to become a reality, especially since many webmasters are still
not compliant. The company that hopes to become “the compliance remedy for the industry” reminds all webmasters and producers that “You don’t have to be savvy if you have the right software.” Those want in learn more about Zofex can view a demo at www.zofex.com or call 1-877-2257-FIX.
David Slaughter owns Talent Management Services and believes that he may well have the right software – at least for bigger clients. Although the price he charges for his turnkey only solution has been viciously attacked on some adult webmaster boards, he is unapologetic. “I am not after 5000 webmasters at $30 or $300 a pop. I am looking for the medium to larger companies that run affiliate programs or produce content, that actually need a system to manage their production and be compliant. Am I priced out of the market?” Slaughter asks rhetorically. “It depends on how big you are.”
The Talent Management Services’ my2257 solution is a patented, stand-alone SQL database system that includes a computer with software already installed and customized for each company, a licensed copy of Windows XP, a licensed copy of the compliance software, tech support, and training. If the time comes to replace the computer, Slaughter’s people will clone a new one with his customer’s data on it. The cost: $3000.
My2257 is available in two versions: producer/distributor and webmaster. Those using the producer/distributor version have had direct contact with the talent and have initial possession of their model releases and ID. Further, they know who is in which photos, where they were shot, what other DVDs or websites each performer has appeared in, and where their content has been sold. By using the my2257 program, producers can track each performer not only by 2257 information but by hair color, birth date, shoe size, referral agency, height, weight, compensation, UPC or ISBN code, URL, and anything else deemed important. Looking for busy redheads under the age of 25? My2257 will bring up a complete list of all talent within the system.
The webmaster version is similar but with important differences. Many webmasters have been purchasing content over a period of time from a number of sources, yet they have no idea who the various performers are. After inputting any information that is available, reports can be produced and sent to the primary producer of the content, who can then fill in the details from their own records.
Clients can choose to scan their own documents and enter their own information or hire Talent Management Services to do it instead. Even those who choose to keep this process in house are assured that the my2257 software will alert them to any compliance problems such as missing IDs or under age talent, while also encrypting images with watermarks that will cut down on image theft. A network version allows customers to have two servers: one in the home office and one co-located elsewhere. According to Slaughter, the ultimate goal will be to offer all member producers access to the company’s secure service so that they can search for missing or updated information.
Slaughter realizes that his impressive services are out of reach of most webmasters and content producers. Instead of encouraging potential clients to scrounge up the cash, he urges them to “Figure out who you are and what you are in the market and then buy accordingly.” He suggests that those who are particularly budget conscious consider Manic Production’s Komply. “Trevor’s a good guy. I’ve dealt with him in the past. He’s not a newbie on the block. He’s got a good reputation, he’s done hosting for companies, and he’s done a lot of programming for people.” Those curious about the Talent Management Services compliance solution can visit www.my2257.com for more details.
The fourth option currently getting 2257-related press was developed by Seattle’s Robert S. Apgood, an attorney who examined the proposed regulations and then began to formulate a software answer to the headaches they would invariably cause. Although unable to contact a representative in time for this article, the company’s website and articles indicate that Apgood’s services possess similarities to each of the above, likely in a price range designed for the medium to large-scale customer. Those curious about specifics can explore Apgood’s site at www.2257-compliance.com.
Regardless of which application is best, now is the time to investigate and decide. As Zofex’s Burch accurately points out, “It’s something that you need to do.”