Rights Hub / Producers & Studios

CREATOR TYPE GUIDE

Laws for adult content producers.

Copyright. Contracts. Compliance. What professional producers need to know.

2257 Record-Keeping: Full Producer Obligations

18 U.S.C. § 2257 is the federal record-keeping statute for producers of sexually explicit material. As a primary producer, someone who creates sexually explicit content directly, you have the most extensive obligations under the statute. Non-compliance is a federal crime with serious criminal penalties including fines and imprisonment.

Primary producer obligations apply when you: direct, produce, or create sexually explicit content yourself; hire performers for explicit productions; or otherwise create the original content. Secondary producer obligations (narrower) apply when you reproduce, distribute, or publish content created by someone else.

What you must keep for each performer in each production: (1) A legible copy of a government-issued photo ID showing the performer's name and date of birth; (2) Any and all names the performer has used, including maiden names, aliases, and nicknames; (3) The date of production for each visual depiction; and (4) Where your records can be inspected. Records must be organized, accessible, and available for inspection by the Attorney General; unannounced inspections are legally authorized.

Disclosure statement requirements: each piece of content must bear a statement identifying where § 2257 records are kept. The required format is specified in the regulation (28 C.F.R. Part 75). This disclosure must appear on the content itself or the packaging, and on any website where the content is published. Using an incorrect or outdated disclosure statement format is a compliance violation even if you have the underlying records.

Record retention period: records must be kept for the life of the content in which the performer appears, plus five years after the content is no longer being produced. For ongoing archives, this effectively means indefinite retention. Store records in a physically secure location with reliable backup. Digital records must be accessible and reproducible for inspection purposes.

Secondary producer obligations: if you publish, distribute, or reproduce content created by primary producers, you must either maintain your own records or post the primary producer's contact information for record inspection. Secondary producers do not need to maintain the full set of primary producer records, but they do need to ensure the inspection pathway is available.

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