Quote:
Originally Posted by V_RocKs
I talked to a lawyer. He said that secondary producers are the affiliate programs. Webmasters who do not create content but serve the affiliate programs content are not considered secondary producers...
So I asked why then is everyone posting that we are?
The response was, "Money, a lot of lawyers are making a lot of money telling you that you are."
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Get a new lawyer, one that can read. If you digitally touch or publish the image you are a secondary producer.
""Your obligations, if any, under 2257 are determined by your status as a
?producer? of regulated materials containing non-exempt visual depictions of
actual sexually explicit conduct. The statute speaks only of someone who
?produces? materials containing regulated visual depictions, and does not
reference ?primary producers? or ?secondary producers.? Rather, under 2257,
?produces? is defined to mean:
. . . to produce, manufacture, or publish any book, magazine,
periodical, film, video tape or other similar matter and
includes the duplication, reproduction, or reissuing of any
such matter, but does not include mere distribution or any
other activity which does not involve hiring, contracting for,
managing, or otherwise arranging for the participation of the
performers depicted.15 ""
and this is before the Adam Walsh Law which removes any distinctions.