TITLE 28--JUDICIAL ADMINISTRATION
CHAPTER I--DEPARTMENT OF JUSTICE
PART 75--CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 1990; RECORD-KEEPING PROVISIONS
Sec. 75.1 Definitions.
(a) Terms used in this part shall have the meanings set forth in 18
U.S.C. 2257.
(b) Picture identification card shall mean a document issued by a
government entity or by a private entity, such as a school or a private
employer, that bears the photograph and the name of the individual
identified. A picture identification card may be a passport, driver's
license, work identification card, school identification card, selective
service card, or identification card issued by a state.
(c) Producer means any person, including any individual,
corporation, or other organization, who is a primary producer or a
secondary producer.
(1) A primary producer is any person who actually films, videotapes, or photographs a visual depiction of actual sexually explicit conduct.
(2) A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues a book,
magazine, periodical, film, videotape, or other matter intended for
commercial distribution that contains a visual depiction of actual
sexually explicit conduct.
(3) The same person may be both a primary and a secondary producer.
(4) Producer does not include persons whose activities relating to
the visual depiction of actual sexually explicit conduct are limited to
the following:
(i) Photo processing;
(ii) Distribution; or
(iii) Any activity, other than those activities identified in
paragraphs (c) (1) and (2) of this section, that does not involve the
hiring, contracting for, managing, or otherwise arranging for the
participation of the depicted performers.
(d) Sell, distribute, redistribute, and rerelease refer to
commercial distribution of a book, magazine, periodical, film,
videotape, or other matter that contains a visual depiction of actual
sexually explicit conduct, and does not refer to noncommercial
distribution of the such matter, including transfers conducted by
lending libraries.
(e) Copy, when used in reference to an identification document or a
picture identification card, means a photocopy or a photograph.
Sec. 75.2 Maintenance of records.
(a) Any producer of any book, magazine, periodical, film, videotape, or other matter that contains one or more visual depictions of actual sexually explicit conduct made after November 1, 1990 shall, for each performer portrayed in such visual depiction, create and maintain records containing the following:
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(1) The legal name and date of birth of each performer, obtained by
the producer's examination of an identification document, as defined by
18 U.S.C. 1028(d). For any performer portrayed in such a depiction made
after May 26, 1992, the records shall also include a legible copy of the identification document examined and, if that document does not contain a recent and recognizable picture of the performer, a legible copy of a picture identification card.
(2) Any name, other than each performer's legal name, ever used by
the performer, including the performer's maiden name, alias, nickname,
stage name, or professional name. For any performer portrayed in such a
depiction made after May 26, 1992, such names shall be indexed by the
title or identifying number of the book, magazine, film, videotape, or
other matter.
(b) A producer who is a secondary producer as defined in
Sec. 75.1(c) may satisfy the requirements of this part to create and
maintain records by accepting from the primary producer, as defined in
Sec. 75.1(c), copies of the records described in paragraph (a) of this
section. Such a secondary producer shall also keep records of the name
and address of the primary producer from whom he received copies of the
records.
(c) The information contained in the records required to be created
and maintained by this part need be current only as of the time the
primary producer actually films, videotapes, or photographs the visual
depiction of actual sexually explicit conduct. If the producer
subsequently produces an additional book, magazine, film, videotape or
other matter that contains one or more visual depictions of actual
sexually explicit conduct made by a performer for whom he maintains
records as required by this part, the producer may add the additional
title and/or identifying number and the names of the performer to the
existing records maintained pursuant to Sec. 75.2(a)(2).
Sec. 75.3 Categorization of records.
Records required to be maintained under this part shall be
categorized and retrievable to: All name(s) of each performer, including any alias, maiden name, nickname, stage name or professional name of the performer; and according to the title, number, or other similar identifier of each book, magazine, periodical, film, videotape, or other matter. Only one copy of each picture of a performer's picture
identification card and identification document must be kept as long as
each copy is categorized and retrievable according to any name, real or
assumed, used by such performer, and according to any title or other
identifier of the matter.
Sec. 75.4 Location of records.
Any producer required by this part to maintain records shall make
such records available at the producer's place of business. The business address shall refer to a street address and not to a post office box number. Such records shall be maintained as long as the producer remains in business. If the producer ceases to carry on the business, the records shall be maintained for five years thereafter. If the producer produces the book, magazine, periodical, film, videotape or other matter as part of his control of or through his employment with an organization, records shall be made available at the organization's place of business. If the organization is dissolved, the individual who was responsible for maintaining the records on behalf of the organization, as described in Sec. 75.6(b), shall continue to maintain the records for a period of five years after dissolution.
Sec. 75.5 Inspection of records.
Any producer required by this part to maintain records shall make
such records available to the Attorney General or his delegee for
inspection at all reasonable times.
Sec. 75.6 Statement describing location of books and records.
Any producer of any book, magazine, periodical, film, videotape, or
other matter that contains one or more visual depictions of actual
sexual explicit conduct made after November 1, 1990, and produced,
manufactured, published, duplicated, reproduced, or reissued on or after May 26, 1992 shall cause to be affixed to every copy of the matter a statement describing the location of the records required by this
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part. A producer may cause such statement to be affixed, for example, by instructing the manufacturer of the book, magazine, periodical, film, videotape, or other matter to affix the statement.
(a) Every statement shall contain:
(1) The title of the book, magazine, periodical, film, or videotape, or other matter (unless the title is prominently set out elsewhere in the book, magazine, periodical, film, or videotape, or other matter) or, if there is no title, an identifying number or similar identifier which differentiates this matter from other matters which the producer has produced;
(2) The date of production, manufacture, publication, duplication,
reproduction, or reissuance of the matter; and,
(3) A street address at which the records required by this part may
be made available. The street address may be an address specified by the primary producer or, if the secondary producer satisfies the
requirements of Sec. 75.2(b), the address of the secondary producer.
(b) If the producer is an organization, the statement shall also
contain the name, title, and business address of the individual employed by such organization who is responsible for maintaining the records required by this part.
(c) The information contained in the statement must be accurate as
of the date on which the book, magazine, periodical, film, videotape, or other matter is sold, distributed, redistributed, or rereleased.
Sec. 75.7 Exemption statement.
(a) Any producer of any book, magazine, periodical, film, videotape, or other matter may cause to be affixed to every copy of the matter a statement attesting that the matter is not covered by the record-keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part if:
(1) The matter contains only visual depictions of actual sexually
explicit conduct made before November 1, 1990, or is produced,
manufactured, published, duplicated, reproduced, or reissued before May
26, 1992;
(2) The matter contains only visual depictions of simulated sexually explicit conduct; or,
(3) The matter contains only some combination of the visual
depictions described in paragraphs (a)(1) and (a)(2) of this section.
(b) If the primary producer and the secondary producer are different entities, the primary producer may certify to the secondary producer that the visual depictions in the matter satisfy the standards under paragraphs (a)(1) through (a)(3) of this section. The secondary producer may then cause to be affixed to every copy of the matter a statement attesting that the matter is not covered by the record-keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part.
Sec. 75.8 Location of the statement.
All books, magazines, and periodicals shall contain the statement
required in Sec. 75.6 or suggested in Sec. 75.7 either on the first page that appears after the front cover or on the page on which copyright information appears. In any film or videotape which contains end credits for the production, direction, distribution, or other activity in connection with the film or videotape, the statement referred to in Sec. 75.6 or Sec. 75.7 shall be presented at the end of the end titles or final credits and shall be displayed for a sufficient duration to be capable of being read by the average viewer. Any other film or videotape shall contain the required statement within one minute from the start of the film or videotape, and before the opening scene, and shall display the statement for a sufficient duration to be read by the average viewer. For all other categories not otherwise mentioned in this section, the statement is to be prominently displayed consistent with the manner of display required for the aforementioned categories.
