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OK, getting away from innuendo and slander, lets
go over a few points brought up here:
[1] What is a producer? 18 USC 2257 is pretty
clear on the concept, but it seems that some
people are taking the position that because
Magazines (which typically do not shoot their own
content, although sometimes they do) have their
own Custodian of Records, that Webmasters _must_
be covered. There are obvious cases where a
Magazine _must_ be a CoR under the law... when
they either employ in-house photographers and own
the work, or when they "commission" a body of
work (which would place them under the "caused
the model to be hired) or when they send a model
to the photographer for a layout. Legally
speaking, it wouldn't seem to cover when they are
simply buying "stock images" from a photographer.
I think that the reasons why they do function as
CoR has more to do with convenience and trade
secrets than it does with doing it under the law.
First, by being their own custodian, they only
have to list themselves, not five or six or ten
different photographers. Second, by not
publishing the photographers names & addresses,
they are "protecting their assets" and keeping
competing mags from seeing who is shooting for
them (and providing them with an easy way to get
ahold of them). Third, as I can attest to
personally, there are many photographers that do
glamour and family work as mainline businesses,
and don't want to be publically associated with
adult material. They shoot under alias names,
sell the material to others, and then keep their
"real life" preserved. I don't know how many
times I've had to explain to photographers that
if they want to sell on the web, they can't
remain anonymous, and that if they can't handle
that, they should either find someone to sell the
entire rights to, or just not go into the
business.
I'm still convinced (as are the five law firms
that I work with), that my interpretation is
correct, and the 10th Circuit repeal of the
"secondary producers" clause very much supports
my interpretation.
Now, I'm facing that fact here that some people
are just NOT gonna listen to me on this. My
response? No problem, talk to your attorney
about the matter. Pay them $125 an hour, and
then follow whatever _they_ tell you.
OK, now moving on to the last issue...
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