New rules on 2257

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1. Section 2257 at para. (c) requires that any person who is subject to the Act will make the records available to the AG at his place of business at all reasonable times, and it gives the AG power to create rules regarding the kind of records to be maintained. The old reg at 28CFR75.5 requried that covered persons make the records available to the AG "or his delegee". The power to delegate this is something that is surely implied in the statute. The AG's involved since enactment - Reno and Ashccroft - never delegated the power.

2. I wrote in the Primer: "The producers . . . must create certain records of the name and date of birth of the performers, those records must permit the retrieval of information by the various names of the performer and by the name or number of the work, ..." and so indexing is mandatory. The validity of secondary producer requirements is complex and disputed - and the debate is discussed in the Primer. The new regs perpetuate this old issue.