Quote:
Originally Posted by Balalsubturfyooj
Perhaps you can get a some legal advice sarettah ( from a professional ) before sounding stupid...
At the very least I have given case laws regarding the 2257 laws and practical examples...
The 4472 does not void the 2257 nor does it rewrite the term secondary producer. If there is a US law, I have not seen it... Please provide it !!!
The main issues is providing the information within the 2257 record(s) that gives a statement to where to find the "custodian of records" since "secondary producers" do not have the requirement as to have it themselves, but rather a statement on where to find such custodian of records statements.
If I'm not mistaken that is what I have indicated in my efforts on this thread...
I am not against being proven wrong, but rather waisting my time with those who can't bother to do proper research...
If you are an attorney or who has hired one as to take care of their legal requirements ... PLEASE clarify the subject of the 2256, 2257 or the 4472 and give working examples...
Later,
.
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Well, apparently, you cannot read any better than you can research, because you are wrong.
The amendments made in 4472 were in response to the decision in Sundance. It clarified who exactly is a secondary producer:
Original 2557:
Sec. 2257. Record keeping requirements
(a) Whoever produces any book, magazine, periodical, film,
videotape, or other matter which--
(1) contains one or more visual depictions made after November
1, 1990 of actual sexually explicit conduct; and
(2) is produced in whole or in part with materials which have
been mailed or shipped in interstate or foreign commerce, or is
shipped or transported or is intended for shipment or transportation
in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining
to every performer portrayed in such a visual depiction.
(b) Any person to whom subsection (a) applies shall, with respect to
every performer portrayed in a visual depiction of actual sexually
explicit conduct--
(1) ascertain, by examination of an identification document
containing such information, the performer's name and date of birth,
and require the performer to provide such other indicia of his or
her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer's present and
correct name, ever used by the performer including maiden name,
alias, nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the
information required by paragraphs (1) and (2) of this subsection
and such other identifying information as may be prescribed by
regulation.
(c) Any person to whom subsection (a) applies shall maintain the
records required by this section at his business premises, or at such
other place as the Attorney General may by regulation prescribe and
shall make such records available to the Attorney General for inspection
at all reasonable times.
(d)(1) No information or evidence obtained from records required to
be created or maintained by this section shall, except as provided in
this section, directly or indirectly, be used as evidence against any
person with respect to any violation of law.
(2) Paragraph (1) of this subsection shall not preclude the use of
such information or evidence in a prosecution or other action for a
violation of this chapter or chapter 71, or for a violation of any
applicable provision of law with respect to the furnishing of false
information.
(e)(1) Any person to whom subsection (a) applies shall cause to be
affixed to every copy of any matter described in paragraph (1) of
subsection (a) of this section, in such manner and in such form as the
Attorney General shall by regulations prescribe, a statement describing
where the records required by this section with respect to all
performers depicted in that copy of the matter may be located.
(2) If the person to whom subsection (a) of this section applies is
an organization the statement required by this subsection shall include
the name, title, and business address of the individual employed by such
organization responsible for maintaining the records required by this
section.
(f) It shall be unlawful--
(1) for any person to whom subsection (a) applies to fail to
create or maintain the records as required by subsections (a) and
(c) or by any regulation promulgated under this section;
(2) for any person to whom subsection (a) applies knowingly to
make any false entry in or knowingly to fail to make an appropriate
entry in, any record required by subsection (b) of this section or
any regulation promulgated under this section;
(3) for any person to whom subsection (a) applies knowingly to
fail to comply with the provisions of subsection (e) or any
regulation promulgated pursuant to that subsection; and
(4) for any person knowingly to sell or otherwise transfer, or
offer for sale or transfer, any book, magazine, periodical, film,
video, or other matter, produce in whole or in part with materials
which have been mailed or shipped in interstate or foreign commerce
or which is intended for shipment in interstate or foreign commerce,
which--
(A) contains one or more visual depictions made after the
effective date of this subsection of actual sexually explicit
conduct; and
(B) is produced in whole or in part with materials which
have been mailed or shipped in interstate or foreign commerce,
or is shipped or transported or is intended for shipment or
transportation in interstate or foreign commerce;
which does not have affixed thereto, in a manner prescribed as set
forth in subsection (e)(1), a statement describing where the records
required by this section may be located, but such person shall have
no duty to determine the accuracy of the contents of the statement
or the records required to be kept.
(g) The Attorney General shall issue appropriate regulations to
carry out this section.
(h) As used in this section--
(1) the term ``actual sexually explicit conduct'' means actual
but not simulated conduct as defined in subparagraphs (A) through
(D) of paragraph (2) of section 2256 of this title;
(2) ``identification document'' has the meaning given that term
in section 1028(d) of this title;
(3) the term ``produces'' means to produce, manufacture, or
publish any book, magazine, periodical, film, video tape, computer
generated image, digital image, or picture, 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; and
(4) the term ``performer'' includes any person portrayed in a
visual depiction engaging in, or assisting another person to engage
in, actual sexually explicit conduct.
(i) Whoever violates this section shall be imprisoned for not more
than 5 years, and fined in accordance with the provisions of this title,
or both. Whoever violates this section after having been convicted of a
violation punishable under this section shall be imprisoned for any
period of years not more than 10 years but not less than 2 years, and
fined in accordance with the provisions of this title, or both.