Neither Primary or Secondary Producer?

WannaShagg · 2005-06-24, 01:47 PM

I was just writing a letter to my affiliates and I began to realize something

for my own content I am the Primary Producer, so any affiliates circulating my pics are certainly the "Secondary Producers". Obvious.

Ok, here comes the realization. Let's say you promote a site like Sunny Dollars. If Sunny Dollars purchases content, the the Licensor is the "Primary Producer". That makes Sunny Dollars the "Secondary Producers". If Sunny Dollars gives that conent to an affiliate, ie: webmaster, they are no longer the "Secondary Producers". The affiliate or webmaster is what then and what role do they play in record keeping?

I gotta go pimp my shit.

Toby · 2005-06-24, 01:52 PM

There can be multiple levels of secondary producers.

Useless · 2005-06-24, 01:56 PM

Yes, anyone who is not the primary producer, but distributes or republishes the content is a secondary producer.

WannaShagg · 2005-06-24, 02:10 PM

Quote:

Originally Posted by Toby

There can be multiple levels of secondary producers.

Should an affiliate be secondary? If you made an affiliate agreement then you are acting on behalf of the sponsor. You are already acting on behalf of the sponsor, you are an extention of them through the agreement so why isn't them being custodian enough. They have already extended the license to include the affiliate, so as long as the affiliate is keeping their records as to who the custodian is for every pics file they are circulating, then what is the problem. The DOJ really has to work with us on that. As long as the webmaster or affiliate can say positively for sure which sponsor the content is from, there is no problem. I think alot of the problem is 2257 links leading to a general page for all secondary producers. Let the site owner operator just list their address. And let them be able to tell the fed who each and every pics is from. It is something that can and should be done behind the scenes. Why do we have 2257 statements with many producers. I like the idea of just having the site operator info for that website as that website Custodian, and if any inquiries are made, be able to specifically name where those pics are from and they beat it on their merry way.

Main Entry: 1af·fil·i·ate
Pronunciation: &-'fi-lE-"At
Function: verb
Inflected Form(s): -at·ed; -at·ing
Etymology: Medieval Latin affiliatus, past participle of affiliare to adopt as a son, from Latin ad- + filius son -- more at FEMININE
transitive senses
1 a : to bring or receive into close connection as a member or branch b : to associate as a member <affiliates herself with the local club>
2 : to trace the origin of
intransitive senses : to connect or associate oneself : COMBINE
- af·fil·i·a·tion /-"fI-lE-'A-sh&n/ noun

WannaShagg · 2005-06-24, 02:11 PM

The secondary producer thing is what needs to change. Hopefully it will.

Toby · 2005-06-24, 02:18 PM

The 10th Circuit Court of Appeals has agreed with you once already (Sundance v. Reno), and I'm fairly confident they will again.

juggernaut · 2005-06-24, 02:31 PM

I have a question pertaining to this that boggles my mind along with everything else. Anyway I have a cam site. In order for someone to view and adult show the model has to give the ok by pressing a button and then sending their video. Would that make me a 2nd producer and the model the 1st? The model is producing the content, not me. I would think I fall in the 2nd prodcuer area. Could be wrong. The way the software works is that the model streams to the server and the viewer then views that stream. Any ideas?

Toby · 2005-06-24, 02:34 PM

The model is a primary producer, and possibly also a secondary producer. Depending on how your agreement with the model is worded you may also be a primary producer, and are definitely a secondary producer. However, primary or secondary, it doesn't much matter, as you still need to keep all of the same records at this point.

RawAlex · 2005-06-24, 02:41 PM

Okay, here goes...

If you are an amateur model running your own site, then you are both a primary and secondary producer.

Primary producers do no have to publish content in order to be required to keep records. Many primary producers NEVER actually publish their own works. Most them sell rights to other people who then publish them (and become secondary producers).

So, yes, you are a primary producers.

Secondary producers take content from others (either primary or secondary producers) and publish that work on the internet, in videos, movies, or on other mediums.

So, yes, you are a secondary producer.

As a primary producer, your obligation in records does not extend to URLs and other issues.

As a secondary producer, you are required to track URLs, etc.

Good luck.

Alex

2005-06-24, 01:47 PM	#1
WannaShagg If something goes wrong at the plant, blame the guy who can't speak English Join Date: Aug 2003 Location: Las Vegas, NV Posts: 36	Neither Primary or Secondary Producer? I was just writing a letter to my affiliates and I began to realize something for my own content I am the Primary Producer, so any affiliates circulating my pics are certainly the "Secondary Producers". Obvious. Ok, here comes the realization. Let's say you promote a site like Sunny Dollars. If Sunny Dollars purchases content, the the Licensor is the "Primary Producer". That makes Sunny Dollars the "Secondary Producers". If Sunny Dollars gives that conent to an affiliate, ie: webmaster, they are no longer the "Secondary Producers". The affiliate or webmaster is what then and what role do they play in record keeping? I gotta go pimp my shit. __________________ Peace, Candy http://www.candyscuntlipcash.com/

2005-06-24, 01:52 PM	#2
Toby Lonewolf Internet Sales Join Date: Mar 2005 Location: Houston Posts: 4,826	There can be multiple levels of secondary producers. __________________ Latex Vixens Babes In Boots Well Heeled Women Dressing For Sex Stocking Vixens

2005-06-24, 01:56 PM	#3
Useless Certified Nice Person Join Date: Oct 2003 Location: Dirty Undies, NY Posts: 11,268	Yes, anyone who is not the primary producer, but distributes or republishes the content is a secondary producer. __________________ Click here to purchase a bridge I'm selling.

2005-06-24, 02:11 PM	#5
WannaShagg If something goes wrong at the plant, blame the guy who can't speak English Join Date: Aug 2003 Location: Las Vegas, NV Posts: 36	The secondary producer thing is what needs to change. Hopefully it will. __________________ Peace, Candy http://www.candyscuntlipcash.com/

2005-06-24, 02:18 PM	#6
Toby Lonewolf Internet Sales Join Date: Mar 2005 Location: Houston Posts: 4,826	The 10th Circuit Court of Appeals has agreed with you once already (Sundance v. Reno), and I'm fairly confident they will again. __________________ Latex Vixens Babes In Boots Well Heeled Women Dressing For Sex Stocking Vixens

2005-06-24, 02:31 PM	#7
juggernaut Registered User Join Date: Apr 2005 Location: Central Jersey! If I was rich and powerful I would dress as my avatar does. Posts: 1,448	I have a question pertaining to this that boggles my mind along with everything else. Anyway I have a cam site. In order for someone to view and adult show the model has to give the ok by pressing a button and then sending their video. Would that make me a 2nd producer and the model the 1st? The model is producing the content, not me. I would think I fall in the 2nd prodcuer area. Could be wrong. The way the software works is that the model streams to the server and the viewer then views that stream. Any ideas?

2005-06-24, 02:34 PM	#8
Toby Lonewolf Internet Sales Join Date: Mar 2005 Location: Houston Posts: 4,826	The model is a primary producer, and possibly also a secondary producer. Depending on how your agreement with the model is worded you may also be a primary producer, and are definitely a secondary producer. However, primary or secondary, it doesn't much matter, as you still need to keep all of the same records at this point. __________________ Latex Vixens Babes In Boots Well Heeled Women Dressing For Sex Stocking Vixens

2005-06-24, 02:41 PM	#9
RawAlex Took the hint. Join Date: Mar 2003 Posts: 5,597	Okay, here goes... If you are an amateur model running your own site, then you are both a primary and secondary producer. Primary producers do no have to publish content in order to be required to keep records. Many primary producers NEVER actually publish their own works. Most them sell rights to other people who then publish them (and become secondary producers). So, yes, you are a primary producers. Secondary producers take content from others (either primary or secondary producers) and publish that work on the internet, in videos, movies, or on other mediums. So, yes, you are a secondary producer. As a primary producer, your obligation in records does not extend to URLs and other issues. As a secondary producer, you are required to track URLs, etc. Good luck. Alex