Color Climax Can’t Prove Tove Jensen Is Legal

A  defendant is charged and convicted for possessing child porn.  The footage includes “Teenage Tricks.”  Alleged minor includes vintage star Tove Jensen (see prior post).  The commercial copyright to the footage is owned by Color Climax Corporation (CC).  CC has a 2257 compliance page on their website, identifying Thom Flies as the Custodian of Records and informing the public that:

In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons who appear in any visual depiction of sexually explicit conduct appearing or otherwise contained in or at colorclimax.com, were over the age of eighteen years at the time of the creation of such depictions.

In January, 2006, defendant’s attorney makes a formal request to Thom Flies requesting a number of admissions and records verifying Tove was over the age of 18 in the loop “Teenage Tricks”.

Flies responds that they have no records:

…we simply do not have any records of Tove Jensen dating back some 28 years.  Please know however  that Color Climax has always used a strict company policy of only hiring models of 18 years of age or older.

That’s not what the U.S. FBI says.  In a report dated August, 2005, an FBI analyst with the Forensic Audio, Video & Image Analysis department identified the origin of two images in a child porn case:

The Q1 image “11 yr old kiddy porn (1).jpg” is a cropped copy of an image found on page 22 of a magazine titled “Nymph Lover No. 4.”  Page 2 of “Nymph Lover No. 4” contains the text “Printed June 1978 by CCC-Print Copyright (c) 1978 Color Climax Corporation.”  Likewise…

We know that the U.S. FBI has been conducting records checks of the adult industry.  We  know from a recent posting that the U. S. government tends to focus on the consumer and ignore the source of alleged child porn images, even when the source is right down the street.  We know that third parties license Tove images and footage from CC.  We also know that a company making claims to the public about their products are required to back up those claims, under threat of fraud allegations:

“People subscribe to our Website because we run a trustworthy operation,” said Tom Flies, which seemed to echo some of Knipe’s thoughts. “The trust of our subscribers has been earned by showing them that we take our business seriously;

What we don’t know is how and why CC and others are being allowed to profit from material the DOJ claims is child porn, when CC claims they can’t prove Tove was over 18 in her productions.   What we don’t know is how many other CC models were part of that prosecution.  What is the Trewthe?

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4 Comments

  1. H. Roland J. said,

    November 4, 2007 at 9:37 pm

    First of all, ALL material shot with Tiny Tove (Tove Jensen) was shot long before a minimum age was established by law in Denmark. Since it is shot by a danish company, in Denmark with a danish model ONLY danish law applies. She could have been 10 years old and still the material would be legal…

    It is NOT the burden of CCC to prove her age; it is the FBI who have the burden of proof she is not over 18 years old…

    Have the FBI bothered to contact Tove Jensen for her testemony? (They haven’t, I am sure…)

    Is this article on the verge of slander against CCC – I think so!

  2. Caroline-NL said,

    December 28, 2007 at 9:04 pm

    Dear Mister Roland,
    you are right, Denmark had no exact minimum age law for porn in the 70s. But its not true, that only danish law applies. The movies were or are distributed in the USA, so they have to be compliant to the laws of the United States. Second, Denmark has implemented the US laws ( minimum 18 years of age for porn ) in 2003 too. They still dont confiscate material with models under 15, because 15 was the old age minimum ( after 1980 ), and there is quite a lot of material floating around, but they could. Tove Jensen, I am 100% sure, was 18. ( Ive already explained it in another comment )
    But many other models werent. And thats the problem. Under the new § 2257 laws, companies have to prove the age of the models. Its true, that the law hasnt existed in the 70s, so they dont have to show the FBI a formular and an ID Card copy, but there are other ways to reconstruct this. ( Birth certificate etc. )
    Some experts mailed me, that this was already examined by british authorities, that she was 18. Here here movies are distributed and there were no problems.
    UK now has the 18 age minimum too. So it makes sense, that they checked her age. Under european law, unlike in the USA, because of this highly sensitive nature, the public isnt allowed to read the documents.

  3. H. Roland J. said,

    January 11, 2008 at 2:27 am

    Well, Denmark haven’t ‘implemented’ US laws… We have our own laws. §234 in the Penalcode states that models must be 18 years old, but there are no laws requirering any proof to this fact. 15-17 years olds can also do pornographic material but this cannot be distributed by anyone.

    I have still yet to see ANY evidence of wrongdoing by CCC – and thus this article is on the verge of being slanderous…

  4. Caroline-NL said,

    January 17, 2008 at 8:47 pm

    There are quite a lot of things CCC did wrong, ( e.g. the childporn they produced and distributed until 1979 ). § 234 was changed from 15 to 18 in 2003.
    Almost nobody in Europe wanted to change the 15(DK)/16(NL) laws, but the US government putted pressure on all european countries. Without this, I heavily doubt, that they would had changed this. CCC has distributed material that is illegal in the USA. So the term “slanderous” is appropriate. They knew, that the material was partly illegal in the USA. ( The old 15-17 material is still distributed in DK. I dont know one single case, where it was seizured. The same here in the Netherlands. But they dont allow re-releases/reproductions of this material. )


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