Quote:
Originally posted by WebLegal
I disagree, and I think that anyone honestly looking at the law will disagree with you, as well. Using your version, the typesetter working on the printing press making the book would have to have copies of the records. The people assembling the tapes on the production line would have to have copies of the records. This is why the clause "or any other activity which does not involve hiring, contracting, or otherwise arranging for the participation of the performers involved" was put in there. That clause specifically limits the CoR recordkeeping to those that would know it best... the people that hired the models.
|
You seem to have missed some other good examples of why what you are saying is wrong:
Quote:
|
"the term ''produces'' means to produce, manufacture, or publish any book, magazine, periodical, film, video tape 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; "
|
Please note that it is explicitly said that "produce" does include publishing magazines. Now, what you are saying is similar to saying that because the magazine publisher doesn't hire the models (many magazine publishers buy content), he is exempt from the obligation to be able to present the records. Notice how that isn't the case.
"The people assembling the tapes on the production line would have to have copies of the records."
And indeed, the programmer or designer doesn't have to have copies of the records. However, the company publishing websites does. Just like the company reproducing films (something else that is explicitly stated).
"That clause specifically limits the CoR recordkeeping to those that would know it best... the people that hired the models."
compare this to:
"...and includes the duplication, reproduction, or reissuing of any such matter."
Obviously, companies duplicating, reproducing or reissuing the content do not hire the models.