New 2257 Compliance Guide

[pornlaw]

In my mind, making secondary producers also maintain complete records is a needless duplication on the first part, likely to induce minor errors in the system, and doesn't do anything more to protect the performers than a straight notification from the primary producer.

And if the primary's would contractually agree to act as a third party record keeper for the secondary then there is no need to give a secondary anything. However, would you trust the primary to hold your records correctly so that if there were mistakes you would still be criminally liable ?

After all, if the primary producer fudged the documents (took a fake driver's license from a girl who is 17 years 11 months), and then sends those documents on to me, there is nothing I can do to stop this horrible exploitation.

And the secondary is not responsible for this.

Effectively, it creates a undue burden on secondary producers, without doing anything that would promote the government's stated interest in the act.

What exactly is the undue burden ? Having a filing cabinet of records that consist of files on each performer that are basically 3 pages and are cross referenced ? Compared to other industries and what they are required to comply with on a federal and state level, this is not burdensome.

Further, we get into the situation of third party producers. Let's say I promote a program and use their sponsor content, which they obtained from a producer. So now, the producer is a primary producer, the paysite owner is a secondary producer, and I am, what, a secondary secondary producer?

There are no third party producers. If the producer works for or is contracted by the program, the program is the primary producer. Individuals working for an organization are no longer primary producers.

Are the secondary producer(s) still on the hook anyway, even though they could do nothing? This is probably the most compelling way to explain the futile nature of retaining records as a secondary producer, because it creates liability without creating benefit.

As stated earlier the answer is that secondary producers do not have liability.