Footpervert.com
is not the primary producer of the content contained within
the confines of this website and community. Footpervert.com
holds any and all Sponsors in good faith that they have
conformed to 2257 laws within their applicable counrty,
jurisdiction, country or nation. With respect to
all visual depictions displayed on this website, whether
of actual sexually explicit conduct, simulated sexual
content or otherwise, Our sponsors affirm and certify
that all persons in said visual depictions were at least
18 years of age when said visual depictions were created.
The
owners and operators of this Website may not be the primary
producer (as that term is defined in 18 USC section 2257)
of any of the visual content contained in the Website.
Please direct questions pertaining to questionable content
on this website to: christiaan@digitaldivasonline.com,
and we will remove it immediately to continue to conform
to the resived 2257 laws, policies and procedures.
In
regards to December 18, 2008, when the Justice Department
published “final” regulations concerning Section
2257 and related record keeping obligations.
(A)
only content which they produced
on or after July 27, 2006, requires record keeping. When
it first proposed the new amendments in July 2007, the
Justice Department indicated that this would be its position,
and it has reiterated this position in announcing the
final regulations. This means that content secondarily
produced between the 1988 enactment of Section 2257 and
the above date is free from all secondary producer obligations.
(B)
As amended on July 27, 2006, Section
2257 now requires that secondary producers maintain records.
However, the new regulations expressly authorize third
party record keeping, so that a secondary producer may
now use others to keep records. Nothing in the regulations
prevents a secondary producer from using the primary producer
as its third party record keeper or (in the regulations’
words) “non-employee custodian.” The Justice
Department commentary accompanying the new regulations,
but not the new regulations themselves, urge – and
at some points contemplate – that secondary producers
using third party record keepers use in good faith, copies
of identifying documentation before republishing their
material. In accordance to this paragraph, Footpervert.com
certifies that all Primary Producers have been examined.
(C)
We take any and all measures to
ensure that the Primary Producers that we are displaying
on this website are in accordance to all current 2257
record keeping and compliance statements and are operating
in good taste of amended 2257 record keeping and compliance
laws as they evolve.
(D)
Footpervert.com also excersises
the right to "fair use", which states that as
a merit of artistic value, it is permits limited use of
copyrighted material without acquiring permission from
the rights holders. Examples of fair use include commentary,
criticism, news reporting, research, teaching, library
archiving and scholarship. It provides for the legal,
unlicenced citation or incorporation of copyrighted material
in another author's work under a four-factor balancing
test. The term fair use originated in the United States.
A similar principle, fair dealing, exists in some other
common law jurisdictions. Civil law jurisdictions have
other limitations and exceptions to copyright.
17
U.S.C. § 107
Notwithstanding the provisions of
sections 17 U.S.C. § 106 and 17 U.S.C. § 106A,
the fair use of a copyrighted work, including such use
by reproduction in copies or phonorecords or by any other
means specified by that section, for purposes such as
criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research,
is not an infringement of copyright. In determining whether
the use made of a work in any particular case is a fair
use the factors to be considered shall include:
1. the
purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes;
2. the
nature of the copyrighted work;
3. the
amount and substantiality of the portion used in relation
to the copyrighted work as a whole; and
4. the
effect of the use upon the potential market for or value
of the copyrighted work.
The fact that a work is unpublished
shall not itself bar a finding of fair use if such finding
is made upon consideration of all the above factors. |
