2257 Section A: Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which— (1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and (2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. ----------- Can someone explain what exactly subsection 2 means by 'materials'? It sounds like if you are shooting a sex scene, as long as you dont buy your cameras or lighting out of state, or sell your videos out of state, or sell your videos period (commerce), then 2257 doesnt apply. I'm assuming of course that the "and" at the end of subsection 1 infers that both conditions must be met for this section to be satisfied.
#SDNY he's all yours. -- Michael Steele 5110 Posts 3/03
Posted - Nov 20 2009 : 9:45PM
The quick and dirty answer is: (1) subsection (2) should be read as a reference to the Commerce Clause of the US Constitution; (2) Congress uses the Commerce Clause as the jurisdictional basis for an extraordinary range of legislation; (3) In the event of a challenge, the courts will almost always find that there was some rational basis for the legislation, even if it looks on the surface like it has absolutely nothing to do with interstate commerce; and that the person accused of breaking the law somehow did something which had something to do with, or could have somehow affected, interstate commerce; and therefore, (4) Anyone who is producing sexually explicit material and wishes to avoid trouble with the federal government shouldn't even think of adopting a "2257 doesn't apply to me" posture. It would be about as smart, and have about as much chance for success, as "I don't have to pay income taxes because the IRS is unconstitutional and Obama is really a Kenyan."
Wow, after reading the wikipedia entry on the commerce clause i understand now why this country is so corrupt. Congress as taken something as literal as "interstate commerce" and interpreted its constitutional powers to apply to "intrastate non-commerce", which virtually gives the federal government absolute power over everything. I guess this is what happens when a populace grows weak and complacent.
I do know that the date was changed to July 3, 1995. Otherwise, if you produce content -- even if that content is for you and you alone -- you must keep records for each day of production. For how long, I don't know. I remember running across a six-year clause somewhere but others have said that doesn't apply to this law. Pornlaw may know when you can toss the records away, I doubt that it can mean for all eternity.
If you don't break the rules, you'll never have any fun! 717 Posts 10/06
Posted - Nov 22 2009 : 11:58AM
Most places, even the IRS says you need only keep records for 10 years. But I'm a firm believer that when it comes to something like this, or tax records, you NEVER throw ANYTHING away! Edited by - Mindee on 11/22/2009 11:59:22 AM
I do not think materials indicates media. That is, where you got your camera, lighting, batteries, tapes/dvds, etc... is quite irrelevant. Materials refers to the pictures, movies, ie CONTENT of the pornography. Hope that helps.
Thats a 100% accurate answer... Couldnt have said it better... Mr. Patel sounds like a lawyer !!! As for how long you must keep the records... for the entire time the producer is in business +5 yrs even after the producer dissolves his business. And for as long as the content is being used. Meaning if the producer sells off his business and content, the buyer must also have and maintain the records. Michael www.2257Safe.com www.AdultBizLaw.com
^ Thanks for the quick response, pornlaw! When you mention images, do you mean all images? For example, below are 2 images of Fleshlights. One has a picture of Jenna Haze associated with the Fleshlight and the second image is just of Tori Black's Fleshlight without a picture of Tori. Would 2257 be applicable to both images?
