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Old 10-14-2005   #1
sarettah
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Default Mainstream gets it's taste of 2257

http://www.hollywoodreporter.com/thr..._id=1001265009

Oct. 12, 2005
Buried clause could tag films, TV shows as porn

WASHINGTON -- Tucked deep inside a massive bill designed to track sex offenders and prevent children from being victimized by sex crimes is language that could put many Hollywood movies in the same category as hard-core, X-rated films.

The provision added to the Children's Safety Act of 2005 would require any film, TV show or digital image that contains a sex scene to come under the same government filing requirements that adult films must meet.

Currently, any filmed sexual activity requires an affidavit that lists the names and ages of the actors who engage in the act. The film is required to have a video label that claims compliance with the law and lists where the custodian of the records can be found. The record-keeping requirement is known as Section 2257, for its citation in federal law. Violators could spend five years in jail.

Under the provision inserted into the Children's Safety Act, the definition of sexual activity is expanded to include simulated sex acts like those that appear in many movies and TV shows.

"It's a significant and unprecedented expansion of the scope of the law," one industry executive said. "I don't think the studios would like being grouped in with the hard-core porn industry."

The provision, written by Rep. Mike Pence, R-Ind., could have ramifications beyond simply requiring someone to ensure that the names and ages of actors who partake in pretend lovemaking as compliance with Section 2257 in effect defines a movie or TV show as a pornographic work under federal law. Industry sources say the provision was included in the bill at the behest of the Justice Department. Calls to Pence's office and the Justice Department went unreturned Tuesday.

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The bill, with the Section 2257 provision included, already has been approved by the U.S. House of Representatives and is waiting consideration by the Senate Judiciary Committee.

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In 1988, a similar provision was ruled unconstitutional by the federal court here. Congress later rewrote it so that it included only actual sex acts, not the pretend acts in movies and TV shows.

The 2257 provision also has ramifications beyond the artistic as a federal tax provision designed to stem runaway production is unavailable to anyone required to register a 2257. Many state incentives designed to entice filmmakers to shoot on location also contain similar language.

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