|
To: NScash Affiliates
Re: NScash 2257 Statement
(Our determination and stance)
We have been advised by our highly qualified legal counsel to NOT provide the IDs of our models to our "secondary producers". The attached letter addresses the reasons for this. We are however open to all questions and concerns that you may have at this time. Rest assured that we have all of our 2257 documentation in place and on the premesis. We will accept all responsibility for their accuracy and content.
For submitting affiliates who are uncomfortable or concerned with our decision we will be offering hosting through our servers. This will be a temporary proposal until finalized regulations are in place. ID's are inessential as they are New Sensations/Digital Sin/NScash property and the company envelopes them as the primary producer. For those who are interested in this solution, please email me directly AFTER Monday, June 20th, 2005
Please note, the attached letter below will be distributed to all NScash affiliates on Wednesday, June 15th, 2005. Upon receipt, download the letter for your records and append it to the existing NScash 2257 statement at the bottom of your galleries and sites.
Email me sean at newsensations.com if you have questions or comments.
Sean Holland
Vice President
New Sensations / Digital Sin
NScash
---------------------------------------------------------------------------------------------------------------------------------------
THE LAW OFFICE OF
Jeffrey J. Douglas
A Professional Corporation
TELEPHONE 1717 FOURTH STREET, THIRD FLOOR TELECOPIER
(310) 576-3411 SANTA MONICA, CALIFORNIA 90401-3319 (310) 576-3408
May 26, 2005
Re: Secondary Producer Records Pursuant to 18 U.S.C. § 2257
To Whom It May Concern:
I represent NS Cash. We received your inquiry concerning copies of records for secondary producers. I am very familiar with 18 U.S.C. § 2257 in my capacities as a First Amendment and criminal defense practitioner, the Chairman Emeritus of the First Amendment Lawyers Association and the Chair of the Board of the industry?s trade association, the Free Speech Coalition. I write this letter exclusively in my capacity as NS Cash?s attorney.
Despite General Gonzalez? efforts at reviving the concept of "secondary producers" in the most recent version of regulations in support of 18 U.S.C. § 2257, the concept is not supported by the statute itself. The only case addressing the issue, Sundance Assocs. Inc. v. Reno, 139 F.3d 804, 807 (10th Cir.1998), held that the "secondary producer" requirements of the regulations to be unconstitutional. We rely on that holding, and further decline to violate the privacy of the performing artists by disseminating private data when not required to do so by law.
If you have any questions regarding this policy, please do not hesitate to call, or have your attorney do so.
Sincerely,
The Law Office of
Jeffrey J. Douglas
By: Jeffrey J. Douglas
|