2257 regs published in full

[RawAlex]

Sort of suits the discussion, no?

Alex

[koolkat]

Hopefully this hasn't been answered already in one of the other posts, but I have a question regarding some comments in the federal register...

Originally Posted by Federal Register

Two commenters commented that the definition of producer in the
proposed rule was too broad and would encompass a convenience store
that sold sexually explicit magazines or a movie theater that screened
R-rated movies. The Department declines to adopt this comment. As the
rule makes clear, mere distributors of sexually explicit material are
excluded from the definition of producers and under no plausible
construction of the definition would a movie theater be covered merely
by screening films produced by others.

Now if a movie theatre or store is not required to maintain this information, wouldn't that just make affiliated distributors like the theater?

Originally Posted by Federal Register

The record-keeping requirements apply to ``[w]hoever produces'' the
material in question. 18 U.S.C. 2257(a). The statute defines
``produces'' as ``to produce, manufacture, or publish any book,
magazine, periodical, film, video tape, computer-generated image,
digital image, or picture, or other similar matter and includes the
duplication, reproduction, or reissuing of any such matter, but does
not include mere distribution or any other activity which does not
involve hiring, contracting for[,] managing, or otherwise arranging for
the participation of the performers depicted.'' 18 U.S.C. 2257(h)(3).

Doesn't accroding to the part "but does
not include mere distribution or any other activity which does not
involve hiring, contracting for[,] managing, or otherwise arranging for
the participation of the performers depicted", affiliates would be exempt since they are merely distributors?

[Vink]

Good point Koolkat.
If I have to keep records as an affiliate, I my as well start shooting my own content for my own paysites. Which I should do anyway. But the affiliate thing suits my lifestyle better. I go out of town alot, and don't work for weeks at a time.

[Barron]

Originally Posted by koolkat

Hopefully this hasn't been answered already in one of the other posts, but I have a question regarding some comments in the federal register...

Now if a movie theatre or store is not required to maintain this information, wouldn't that just make affiliated distributors like the theater?

Doesn't accroding to the part "but does
not include mere distribution or any other activity which does not
involve hiring, contracting for[,] managing, or otherwise arranging for
the participation of the performers depicted", affiliates would be exempt since they are merely distributors?

I agree with this train of thought, but when I asked my lawyer the same question, he said no. It does not apply.

I countered with, "The distributor for adult magazines places the magazine on the rack, its the retailer that sales the magazine. When the DOJ bastardized the word distributor and turned retailers into distributors, we should be able to apply that to affiliates because someone else is providing the finished product, ie the membership site."

He replied, "That might apply if you purchase a finished product, such as a plugin, and offer it for resale. But, the regs are calling the webmaster a producer. They are not calling the retailer a producer. They are calling the retailer distributor."

As it relates to FHG's and free content supplied by the affiliate program, I disagree with him. But, he is the one that has to defend me in court if I get arrested, so its a mute point.

Bottom line, no matter the source of the depiction, if you publish it, you have to have age docs.

I think the part we have to remember is that the regs are not statute. The regs only spell out how the statute is going to be inforced. And the say they arent going to enforce compliance on convienence stores or theaters.

Google and Yahoo dont have editorial control, but they do publish. It will be interesting in the coming months to see how that plays out.

EDIT:

One thing is for sure, not even the lawyers are in complete agreement when comes to interrupretation. I'm not a lawyer, but my best advice is listen to your lawyer a go with what he thinks he can defend in court.


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