Quote:
Originally posted by pushpills@Aug 16 2004, 10:59 PM
would be interesting to see, though, the first "extreem young teen" sponsor who gets federal action, if the feds say "yea....but you didn't enforce compliance with this material"
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???
There is nothing in the way 2257 is written or has been interpreted that I know of that makes the primary producer responsible for the way a secondary producer or distributor maintains their records for compliance purposes. In fact, as it is written it does not even REQUIRE a primary producer to provide records to a secondary producer. It states
(
A producer who is a secondary producer as defined in Sec.
75.1© may satisfy the requirements of this part to create and
maintain records by accepting from the primary producer, as defined in
Sec. 75.1©, 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.
EDITED IN after the fact:
Realized as I walked back upstairs that I think I misinterpreted somewhat what you were saying.
Yes, there might be construed some sort of liability for the way that a program is advertised, much the same way that right now KP ans Beastie are a no nos on most programs listed, perhaps we may see some programs requiring affiliates to at least have their 2257 statements displayed properly. But I do not see any way in the world that the feds can hold a program liable for an affiliate failing to properly have their records in order.