Canadians and 2257

[RawAlex]

TB: Art hit it on the head. Telemarketers are hit because the defraud americans. The actual victim is in the US, and the crime is committed in the US (wirefraud, I think they use).

as for point 1, there is a specific exemption in the new 2257 for distributors / distribution. Those acts require no documentation. It isn't a case of saying I am not distributing in the US, but rather saying that the law exempts those activities from requiring documentation. As a secondary producer I would be required to have documentation if I was operating and publishing from the US, which I am not.

Emmanulle: While a chatboard is not a good place to get legal advice, it is a good place to discuss ideas and see where they lead. Many people in this area are getting legal advice from lawyers that are not versed in 2257 caselaw, have no real idea, and are giving a direct reading of the law without understanding the implcations, history, or standing judgements in the field.

As for other issues, literal readings of the new rules will require that photo and video editors will be required to have records as a secondary provider.

A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues a book,
magazine, periodical, film, videotape, digitally- or computer-
manipulated image, picture, or other matter intended for commercial
distribution that contains a visual depiction of an actual human being
engaged in actual sexually explicit conduct, or who inserts on a
computer site or service a digital image of, or otherwise manages the
sexually explicit content of a computer site or service that contains a
visual depiction of an actual human being engaged in actual sexually
explicit conduct, including any person who enters into a contract,
agreement, or conspiracy to do any of the foregoing.

It specifically details assembles... and video editing is the take of assembly.

Being in Canada I am not concerned with this directly, however it is an issue that video editors amoungst others will have to look at.

Alex