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Originally Posted by RawAlex
Ahh... for me, that one falls under the very slippery definition of primary and secondary.
If you contract someone to produce exclusive content that you then sell on DVD, are you a primary or secondary producer? This is a very valid question with exclusive contracted content, and is something that hasn't been clearly defined. I know where the lawyers on our side would like to draw the line, but is contracting a third party company any different from hiring an employee to do the same?
Also, would a porn distributor who is only a second ary producer not fall into the same situation I mentioned before, where they have to prove that they are only secondary? It seems to me that it is pretty much too easy to say "the primary producer is this dude in Outer Transcanistan, it's not us" and walk away from responsiblity. It would almost require a worldwide investigation to prove otherwise.
How would the FBI know if Legend was only a secondary producer until they checked the records? Would they take FSC's word for it?
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I agree, and I am surprised that not many definitions have been made in this regards. For many content shooters, we are considered primary producers even we shoot on exclusive and custom specs for one and only only "publisher" being by internet or video distribution or print.