[Code of Federal Regulations]
[Title 28, Volume 2, Part 43 to end]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR75.2]
[Page 291-292]
TITLE 28--JUDICIAL ADMINISTRATION
(Continued)
PART 75--CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 1990; RECORD-KEEPING PROVISIONS--Table of Contents
Sec. 75.2 Maintenance of records.
(a) Any producer of any book, magazine, periodical, film, videotape,
or other matter that contains one or more visual depictions of actual
sexually explicit conduct made after November 1, 1990 shall, for each
performer portrayed in such visual depiction, create and maintain
records containing the following:
[[Page 292]]
(1) The legal name and date of birth of each performer, obtained by
the producer's examination of an identification document, as defined by
18 U.S.C. 1028(d). For any performer portrayed in such a depiction made
after May 26, 1992, the records shall also include a legible copy of the
identification document examined and, if that document does not contain
a recent and recognizable picture of the performer, a legible copy of a
picture identification card.
(2) Any name, other than each performer's legal name, ever used by
the performer, including the performer's maiden name, alias, nickname,
stage name, or professional name. For any performer portrayed in such a
depiction made after May 26, 1992, such names shall be indexed by the
title or identifying number of the book, magazine, film, videotape, or
other matter.
(b) A producer who is a secondary producer as defined in
Sec. 75.1(c) may satisfy the requirements of this part to create and
maintain records by accepting from the primary producer, as defined in
Sec. 75.1(c), 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.
(c) The information contained in the records required to be created
and maintained by this part need be current only as of the time the
primary producer actually films, videotapes, or photographs the visual
depiction of actual sexually explicit conduct. If the producer
subsequently produces an additional book, magazine, film, videotape or
other matter that contains one or more visual depictions of actual
sexually explicit conduct made by a performer for whom he maintains
records as required by this part, the producer may add the additional
title and/or identifying number and the names of the performer to the
existing records maintained pursuant to Sec. 75.2(a)(2).