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In fact, since the 2257 Regulations require that the records to be maintained “shall not contain any other records,” a good argument could be made that including such a record could in and of itself be a punishable violation of the 2257. Many live cam business operators, live content aggregators and live cam performers simply do not know that the 2257 Regulations apply to live content and those that produce and exploit it. It is, in fact, a third type of obligation under the 2257 Regulations in addition to the record keeping and labeling requirements. The 2275 Regulations are not limited to any particular media or media device. Similarly, if a company is a provider of sexually explicit content to participants in its affiliate marketing program, the company must maintain 2257 records regarding such content and must associate appropriate compliance statements with the content provided to its affiliates.
Remember even minor violations of the 2257 are punishable violations. The party that initially creates live 2257 Content will generally fall under the 2257 Regulations’ definition of a “producer”. It is an obligation applicable to a person or entity that transfers the content regardless of whether they initially produced the material (i.e., as a primary producer) or merely uploaded the content to, or manage the content on, a website (i.e., as a secondary producer). 28 CFR 75.2(a) makes it clear that the 2257 Regulations apply to “[a]ny producer of any book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, that is produced in whole or in part with materials that have been mailed or shipped in interstate or foreign commerce, or is shipped, transported, or 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 . .” (Italics added.) Because 28 CFR 75.2(a) makes it clear that the 2257 Regulations apply to foreign commerce as well, content transmitted from the United States to foreign countries is also subject to the law. Depictions that include lascivious exhibitions of the genitals or pubic area of any person made after March 18, 2009, are subject to the 2257 Regulations even if there are no actual sexual acts depicted in the content. Moreover, when such content is provided to the affiliates to use on their websites, the affiliates will almost always become what the 2257 Regulations define as “secondary producers” with respect to the marketing content provided.
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So full compliance with the 2257 Regulations should continue to be a high priority for every adult entertainment business. 28 CFR 75.2(a)(1) requires that “the records shall include a copy of the depiction, and, where the depiction is published on an Internet computer site or service, a copy of any URL associated with the depiction.” 28 CFR 75.2(e) states that “[r]ecords required to be maintained under this part shall be segregated from all other records, shall not contain any other records, and shall not be contained within any other records.” Taken together the two sections of the 2257 Regulations make it clear that separate and independent copies of depictions of content subject to the regulations must be maintained in the Producer’s record-keeping system.
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In the case of an independent live chat performer providing live content for use by a cam company, this would almost always impose the record-keeping and labeling obligation on the live cam performer. Otherwise, the affiliate marketing company might be, in effect, inducing or aiding unlawful conduct on the part of its affiliates by encouraging and facilitating the use of the subject depictions in violation of the 2257 Regulations. any name, other than the performer's legal name, ever used by the performer, including the performer's maiden name, alias, nickname, stage name, or professional name” how is a producer supposed to ascertain what such other names are? If you are creating and/or distributing content subject to the regulations you must comply with the law.
The 2257 Regulations also impose an obligation upon non-producer distributors of live 2257 Content. A comment by the Department of Justice accompanying amendments to the 2257 Regulations in 2008 published in the Code of Federal Regulations at page 77469 states that “[p]roducers may rely in good faith on representations by performers regarding accuracy of the names, other than legal names, used by performers.” 10. citizen, is located outside the United States on the original production date.” So a foreign passport may be used for 2257 record-keeping purposes for adult content performers if the shoot occurs outside the United States, but not if the content is shot domestically. Unfortunately, the 2257 Regulations are numerous and complex and a comprehensive discussion of the 2257 Regulations and how they may pertain to your particular business is far beyond the scope of this article.