07-09-2009
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#2
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Re: 2257Safe.com Launches Affiliate Program
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Originally Posted by RawAlex
Realistically, you have to document in 2257 your original content, not the shrunk down versions that appear on the websites. Raw video footage is very, very big indeed!
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Ummm no thats not what it says... here's the law and here's the definition from 28 CFR 75....I have highlighted the relevant portions to make that critical reading issue easier...
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§ 75.1 Definitions.
(d) Sell, distribute, redistribute, and re-release refer to commercial distribution of a book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, or other matter that contains a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct, but does not refer to noncommercial or educational distribution of such matter, including transfers conducted by bona fide lending libraries, museums, schools, or educational organizations
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No mention of raw footage....It is what is commercially distributed that counts.
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§ 75.2 Maintenance of records.
(a) Any producer of any book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, or other matter 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 (except lascivious exhibition of the genitals or pubic area of any person) made after July 3, 1995, or one or more visual depictions of an actual human being engaged in simulated sexually explicit conduct or in actual sexually explicit conduct limited to lascivious exhibition of the genitals or pubic area of any person made after March 18, 2009, shall, for each performer portrayed in such visual depiction, create and maintain records containing the following:
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What is not put into the stream of commerce is not covered. For example, if you make a home movie with your significant other, 2257 doesnt apply. Once you sell it or attempt to sell it, you need docs. Same applies to raw footage. If no one ever sees it, then there cant be an inspection.
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Michael
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