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. |