So, by various subtrefuges and transparent rationalizations the creators of these "mocumentaries" have attempted to worm out from under the record keeping requirements to which all producers of sexually explicit materials are subject under federal statuate 18 U.S.C. 2257. They've babbled on about fair use and offered the extremely peculiar defense that the porn images stolen for their horror shows is presumed to be compliant because porn producers have financial incentives to obey the law and therefore whatever content is stolen from them and recycled to slander them is also compliant.
Well, the latest "clarification" of 2257, whle murky as ever on many points, is pretty clear when it comes to the so-called documentary use of sexually explicit images, and any exemptions from 2257 claimed as fair use or under whatever other guise.
Here's what the Department of Justice has to say on this particular subject, word for word:
"Several commenters ask the Department to exclude news and documentary programming from the definition of 'producer'," the DOJ reports. "The comments claim that producers of that programming use footage provided by others under the fair use doctrine. The comments posit that if a producer includes news and documentary producers, then such producers either will lose the ability to obtain footage depicting any adult sexual conduct, or will be forced to make payments to the original producer notwithstanding the fair use doctrine. The Department declines to adopt this comment. The First Amendment does not permit even a bona fide reporter to trade in child pornography in order to create a work of journalism."
Are you paying attention Professor Sun, Mr. Wosnitzer, Dr. Jensen and Dr. Dines? You better be, because that's you all the feds are talking about, and they're not buying your lame excuses for ducking 2257 compliance any more than I do. You better get those records, cut that footage, pull these products from distribution or be ready for a knock on the door at some point during regular business hours.
It's a rare day indeed when I agree with the D.O.J. but in this matter we're very much on the same page, and when the F.S.C.'s lawsuit is finally negotiated to a settlement, as I believe it will be in the first few months of the new administration, I'm quite sure we'll still be in accord on this particular topic.