Quote:
Originally posted by scorpion3600
In fulfilling its obligations under Section 2257, relies on the plain language of the statute and on the well-reasoned decision of the Tenth Circuit Court of Appeals in Sundance, which states that entities who merely distribute content, and have no role in procuring models or producing content, are exempt from on-site record keeping requirements.
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Yes you are correct about the "on-site" record keeping. You don't actually have to have the physical records. those records are kept by the custodian of records listed in your 2257 statement.
However you are require to have a 2257 "statement" listing the custodian of records for the images.
Heres one of mine.
Copyright 2002. Legend Video Inc. hereby certifies that all models, actors, actresses and other persons that appear in any visual portrayal of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen (18) years at the time the visual image was created.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said they do not portray conduct as specifically listed in 18 U.S.C. section 2256 (2) (A) though (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct. or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
With respect to all visual depictions displayed on this web site, whether of actual sexually explicit conduct, simulated sexual conduct or otherwise, all persons were at least 18 years of age when said visual depictions were created.
The owners and operators of this Web site are not the primary producers ( as that term is defined in 18 U.S.C. Section 2257 ) of any of the visual content contained in the Web site.
The images contained on this site were published, republished, reproduced or reissued on the date the site was accessed by the user.
Furthermore, the graphic images associated therewith are in full compliance with all labeling requirements of Title 18, U.S.C. Section 2257, US Federal Law, and C.F.R. 75. Any inquiries made under these laws must be directed to: B. Mendleson and / or J. Richman, LEGEND VIDEO INC. (a California Corporation) whose office is situated at 9145 Owensmouth Ave., Chatsworth, CA 91311, United States