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So only in certain instances, are secondary producers required to keep 2257 records? The statute seems to contradict itself. Also never heard if the free speech coalition won that case it had before the courts? I guess that it is ongoing, as I went to the site and under "Legal", they state
"When all other avenues to protect the industry and FSC members have been exhausted, litigation may be a solution. FSC focuses on cases of national interest that have a direct impact on the industry?s future and well being. FSC has provided support in the form of Amicus Briefs, legal referrals and occasionally, as is the case of Ashcroft v. Free Speech Coalition or our ongoing efforts with 2257 litigation."
I also stumbled upon the current regs and saw
"(b) If the primary producer and the secondary producer are
different entities, the primary producer may certify to the secondary producer that the visual depictions in the matter satisfy the standards under paragraphs (a)(1) through (a)(3) of this section. The secondary producer may then cause to be affixed to every copy of the matter a statement attesting that the matter is not covered by the record- keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part."
and another statement from a website stated
"(d)Since the media are now all meeting compliance, we do not need to provide secondary producers (meaning those who are you using our media on their site) 2257 records because they're all exempt."
...hmm
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