[Barron]

The best advice given is "go ask a lawyer". I did an yeah know what, I'm finding out that even the lawyers cant agree.

This post opens and new can of worms, but I'm still not convinced that I'm wrong. I"m hoping someone, or several someones can "prove" me wrong. I really really want to be wrong, but I still cant get this out of my head.

It seems to me that the regs require that the date of production, and the keeper of records be watermarked on each image.

Before you say "No way!" Let show you how I came up with this. And please, show me in the regs where I am wrong.

First lets start with what is suppose to be in the cross-reference database(records) that we all must keep.

Sec. 75.2 Maintenance of records.

(a) Any producer of any book, magazine, periodical, film,
videotape, digitally- or computer-manipulated image, digital image,
picture, or other matter that contains a depiction of an actual human
being engaged in actual sexually explicit conduct that is produced in
whole or in part with materials that have been mailed or shipped in
interstate or foreign commerce, or is shipped or transported or is
intended for shipment or transportation in interstate or foreign
commerce and that contains one or more visual depictions of an actual
human being engaged in actual sexually explicit conduct made after July
3, 1995 shall, for each performer portrayed in such visual depiction, create and maintain records containing the
following

The "matter " is the digital image.

So lets replace the word "matter" with "digital image".

This next part defines what should be kept in the records:

(1) The legal name and date of birth of each performer,
(2) Any name, other than each performer's legal name, ever used by
the performer,
(3) Records required to be created and maintained under this part
shall be organized alphabetically, or numerically where appropriate, by
the legal name of the performer (by last or family name, then first or
given name), and shall be indexed or cross-referenced to each alias or
other name used and to each title or identifying number of the book,
magazine, film, videotape, digitally- or computer-manipulated image,
digital image, picture, URL, or other matter.
(c) The information contained in the records required to be created
and maintained by this part need be current only as of the time the
primary producer actually films, videotapes, or photographs, or creates
a digitally or computer-manipulated image, digital image, or picture,
of the visual depiction of an actual human

No where does it say "date of production". The only reference to time or date says "need be current only as of the time the primary producer actually".

But, how do we determine if it is current as of the time of production?

Now we step back a little further in the regs

Sec. 75.6 Statement describing location of books and records.

(a) Any producer of any book, magazine, periodical, film,
videotape, digitally- or computer-manipulated image, digital image, or
picture, or other matter (including but not limited to Internet
computer site or services) that contains one or more visual depictions
of an actual human being engaged in actual sexually explicit conduct
made after July 3, 1995, and produced, manufactured, published,
duplicated, reproduced, or reissued on or after July 3, 1995, shall
cause to be affixed to every copy of the matter a statement describing
the location of the records required by this part. A producer may cause
such statement to be affixed, for example, by instructing the
manufacturer of the book, magazine, periodical, film, videotape,
digitally- or computer-manipulated image, digital image, picture, or
other matter to affix the statement.

(b) Every statement shall contain:

(2) The date of production,

Replacing the word "matter" with "digital image" we get this:

cause to be affixed to every copy of the matter a statement describing
the location of the records

turned into this:

cause to be affixed to every copy of the "digital image" a statement describing
the location of the records

The operative word is "affixed".

But, lets go back a little:

(a) Any producer of any book, magazine, periodical, film,
videotape, digitally- or computer-manipulated image, digital image, or
picture, or other matter (including but not limited to Internet

Repharse to this:

Any producer of any digital image or Internet

So: If you have a digital image or you have a website you must affix the statement.

We all have both, the image and the website. With my train of thought, the statement needs to be affix to "both", which means watermarking all the images.

*****************

Someone please please prove me wrong.

Thanks


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