A record keeper is required by US law for any business that creates and distributes sexually explicit materials. They are responsible for ensuring compliance with child pornography laws and verifying that all performers are over 18. A custodian document affidavit must be included in all adult films produced in the US, and the custodian may be subpoenaed if there are suspicions of underage performers. The record keeper’s role is to protect children from pornographers and ensure that their company’s films are not considered child pornography.
A record keeper is an individual who is responsible for collecting documentation that ensures that all models in a pornographic film or magazine are of legal age. The custodian of records position is required under United States law for any individual or business that creates and distributes sexually explicit materials. The person in this position is responsible for ensuring that the Company complies with child pornography laws and that no one under the age of 18 appears in the Company’s films, print and online publications.
The position was created in 1988 with the introduction of the Child Protection and Obscenity Enforcement Act, which sets out record keeping rules for adult movies and magazines. The act specifically states that a company that creates sexually graphic materials must have a designated record keeper who maintains a catalog of records on all persons appearing in the company’s films or pictures. Documentation must be legally valid, verifiable identification that the actor is 18 years of age or older at the time of filming. The act also stipulates that all information must be stored permanently and made available upon request.
A custodian document affidavit, or declaration of compliance, is required for all adult films produced in the United States. Also known as a record keeper statement, this statement must be included as part of the finished product sold to customers. It is usually placed at the beginning of a movie and contains only a few sentences. The statement must contain confirmation that all actors in the following film were 18 years of age or older at the time of production. It must also include the name of the custodian of the records, his title, where the records are kept, and the address of the company producing the film.
If legal authorities suspect that someone filmed in a sexually explicit film or publication may be a minor, a subpoena may be issued for the custodian of records. This subpoena outlines your request to view the records of one or more of the artists listed. The custodian of the records is required to present the documentation. He may also be called to participate in a legal proceeding, if applicable, or sign an affidavit affirming the authenticity of the documents presented.
The function of any record keeper is to ensure that children are protected from pornographers. Custodians play an invaluable role in pornography law, assuring all parties involved that no law has been broken and that all performers meet minimum age requirements. It is the record keeper’s job to ensure that no film produced by his company can be considered child pornography.
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