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Originally Posted by pornlaw
No that about sums it up. Though I suspect that C4S's attorneys have advised them that they may be exempt under the new regs. They certainly would not be primary producers however I think a strong argument can be made that they are secondary. C4S would also have to worry about civil unfair competition claims. You cannot set up a network and then blantantly disregard the law and claim it is someone else's problem while you profit. It certainly has given C4S a huge advantage over anyone else.
The same I think would apply to affiliates and programs. However, thats a whole another discussion.
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Responding to you both at once here.
I wasn't inferring that the checkbox made them above the law. However it IS a great way to politely let uploaders know that 2257 record keeping laws exist, and that it's their responsibility to know about them and abide by them. While it may not protect them, I think it proves they made the producers aware of what's going on.
I don't see how C4S is any different than Google Image Search for example, they're just an intermediary service that allows producers to publish their content. C4S does not own the content, therefore they aren't producers.
However.... C4S haven't made any reasonable steps to ensure the people uploading DO have the documents either, which I believe is part of the law? They may be infringing on that. We all know 90% of these amateur "producers" are going to be like "yeah whatever" and do it anyways - but how is that C4S's fault?
Another question.
When you "license" content and it comes with 2257 photos and waiver forms, that is not the same as the actual record keeping documents that producers must keep on file. It's part of the document, but not the whole thing.
Does that mean that anyone who licenses content is supposed to go through and physically create documents for each and every set they've purchased?
I'm pretty sure that rarely happens from a paysite perspective.
However you don't OWN the content in this case, it's just licensed. What are the differences there, if any? Are you really supposed to make those documents as a licensee?