This is exactly the same route they tried before in another instance, and got themselves slapped silly. Executive order can, from my understanding, clarify laws, but they cannot re-write the laws. That is the job of the legislative branch.
These are not clarifications of the rules, but rather new rules that would change the entire process of indentifying individual images and create a new paperwork and record keeping burden on people who did not previously have such a burden. Further, it goes against every legal opinion I have ever heard about regarding the relationship between primary and secondary content distributors. Further, it could force violation of ocntractual terms on model releases, requiring that full and complete model information as per 2257 content producer requirements. Finally, I think it any rule which backdates record keeping requirments back almost 10 years is burdensome, expensive, and does not advance the public interest one whit.
On the other side, this would make it much harder to have sponsor content, and would make free hosting a non-existant buisness model (as I could see this process requiring the actual site owner to be able to prove each image... for legal purposes, I could see the actual domain owner getting the grief).
Anyone for offshore hosting? :-)
Alex
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