What is the Practical Effect of the Changes in Section 2257?
The term “secondary producer” never existed in Section 2257 and is not found in the recently amended statute, either. Instead, Congress has included the persons who insert images depicting actual, explicit sex and those who digitize them with a commercial interest into the expanded definition of the persons who “produce” such conduct. Congress has clearly legislated that secondary producers are, indeed, producers. The obligations of the law affect them as much as the guy behind the lens, assuming the constitutionality of the Statute. It is now clear that licensing/assignee webmasters must maintain the records and content, publish the notice, categorize the records, and make them available for inspection. The essential difference between the categories of producers remains as laid out in the Regulations: The noncreative webmaster acquiring content may accept as authentic those records tendered by the primary producer and must categorize them and maintain them for inspection, make them a
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- What is the Practical Effect of the Changes in Section 2257?