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Originally Posted by SPW Guru
J We are in the US and we use a very well known attorney believe me I have been doing a lot of research on this as it has a major impact on us and our affiliates.
My point over exclusivity is if content is exclusive shot just for you and nobody else uses it you are primary producer not secondary. This is why Karups was already complaint when these rules were proposed because we are primarily exclusive so we have kept this stuff for years.
Maybe I am wrong but follow me on this.
Company A is in the US
Company B is in Europe
Company A can not buy any content that requires him to be primary producer IE. Exclusive content from company B unless the models of Company B have a green card or US issued ID even if they do not live in the US.
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Just to clarify a bit further because I like Lou:
Exclusive content "produced" exclusively for US buyers still make the US exclusive buyer a secondary producer...
The distinction in "producer" in the law is not about who "pays" for production - but in the actually filming or shooting...,
read: actually films ...
(3rd column on the right)
http://my.execpc.com/~xxxlaw/2257Tables5.24.05.htm
Sec. 75.1 Definitions.
1) A primary producer is any person who
actually films, videotapes, photographs, or creates a digitally- or computer- manipulated image, a digital image, or picture of, or digitizes an image of, a visual depiction of an actual human being engaged in actual sexually explicit conduct.