Title 18 Section 2257 Record Keeping

This contract is a record-keeping compliance statement under 18 U.S.C. 2257 for producers of visual depictions intended for commercial distribution or transported in interstate or foreign commerce. It certifies that every performer is an actual human being who was at least 18 at the time of production and that the organization responsible for maintaining records keeps individually identifiable records for inspection at all reasonable times. In practice, producers are required to verify performers are of legal age by examination of an identification document, record the date of birth and other identifying information (including maiden name, alias, nickname, stage or professional name), and maintain records at business premises or other place with a Custodian of Records. The statement required by this subsection should disclose the location of these records, often including the name, title, and business address of the individual responsible.

The compliance statement also addresses exemptions for materials not meeting the section 2256 definitions (for example, non-sexually explicit nudity) or produced before the effective date. Under the product's definition, obligations can apply whether the content is produced in whole or in part, including digitizing an image or creating a digitally or computer-manipulated image. Labeling requirements generally call for a labeled statement describing where the records may be located, affixed to every copy and to each website page copy (a copy includes every page of a website on which matter appears).

For materials mailed or shipped, or offered for sale or transfer (e.g., book, magazine, periodical, film, video), the labeled statement should be affixed thereto. Some distribution channels may also be subject to the authority and regulation of the Federal Communications Commission, though this contract focuses on 2257 obligations.

Records are subject to inspection under subsection (c) by the Attorney General; refusing to permit the Attorney General to conduct an inspection can be used as evidence in prosecution or other action. Unlawful acts and omissions include furnishing of false information, a false entry, or a failure to create or maintain records, or a failure to comply with subsection (e) labeling requirements. Criminal penalties for noncompliance can include punishment up to 5 years, imprisonment, and fines, with enhanced risks for a person previously convicted.

DOJ regulations were promulgated in the Federal Register to implement the statute, and the Criminal Division CEOS enforces child sexual exploitation laws. Courts have reviewed constitutionality (e.g., American Library Association v. Reno, Connection Distributing Co. v. Reno, Sundance Associates Inc. v. Reno). Related 18 U.S.C. 2257A addresses simulated depictions; some producers may certify exemption under 2257A certifications, and in some contexts, certifications should be emailed where permitted by regulation.

Use cases include adult studios, independent photographers, subscription websites, and commercial enterprise platforms that publish, duplicate, or reproduce content produced after the date of enactment and intended for shipment. Entities providing internet access service, hosting, formatting, or translation without hiring or directing performers typically are not producers.

Proposal Kit can help organizations assemble consistent compliance documentation, such as labeled statements and custodian details, using document assembly, automated line-item quoting, an AI Writer that can build supporting documents, and an extensive template library designed for ease of use.

Expanding beyond the basic compliance notice, the labels and labeling requirements matter as much as the records themselves. The statement describing where records may be located must be affixed in such a manner and form as to be readable and affixed to every copy, including any website on which the matter appears, for items intended for commercial distribution that contain a visual depiction. When you offer for sale or transfer any book, magazine, periodical, film, or video, including content intended for shipment or transportation and transported in interstate commerce, the organization whose statement you must include must identify the organization responsible for maintaining the records. At a minimum, the organization shall include the name, title, and business address of the custodian and disclose the location of records so that they are available for inspection regularly and in the normal course of business.

Name and age verification requires producers of pornography and producers using actual people to ascertain by examination of an identification document, and maintain records of performers' names and ages. Performer includes any person portrayed, and the scope can extend to lascivious exhibition of the genitals and to child pornography as defined in section 2256. Under the definition of produce, responsibility can attach when entities publish, duplicate, or reproduce material.

Some regulators allow email certifications, and agencies may issue appropriate regulations to carry out this section. Understanding 2257 vs 2257A (18 U.S.C. 2257A) is vital when content is simulated or made after the date of enactment.

Enforcement includes inspection at reasonable times. If you refuse to permit inspection or refuse to permit the Attorney General, noncompliance penalties may follow. Federal and state laws on obscenity and sex offender registration are separate but adjacent risks.

DOJ guidance, including the criminal resource manual, references final regulations implementing this section; courts have upheld the constitutionality. Agencies subject to the authority and regulation of the FCC may face additional rules. Periodic report to Congress on enforcement can include the number of inspections undertaken, open investigations pursuant to this section, cases charged with a violation, and a synopsis of the violation and disposition. While recordkeepers maintain individually identifiable information, there is no duty to determine the accuracy of a government ID beyond reasonable examination for a person to whom the subsection applies.

Proposal Kit helps teams write, organize, and consistently affix a statement and the required custodian details, build clauses covering name and age verification, and document when content is intended for commercial distribution. Using document assembly, automated line-item quoting, an AI Writer for supporting narratives, and an extensive template library, organizations can standardize compliance-facing paperwork and disclosures without adding friction to production workflows.

A practical point for distributors is how labels interact with circulation. If you offer for sale or transfer any book, magazine, periodical, film, video, or you publish duplicate, reproduce, or digital files, you should affix to every copy a clear statement describing where records may be located. This helps downstream retailers and affiliates show that materials intended for shipment or transportation maintain compliance during handoffs across vendors and platforms.

Operationally, the custodian maintains individually identifiable information tied to each scene or image so that records are available for inspection. Good file hygiene links the performer's name and the age verification of performers to a specific depiction ID, shoot date, and storage path. Because the law prohibits content with minor performers, intake workflows typically include multiple ID checks to prevent accidental ingestion before editing or distribution. Keeping a concise index that references each performer and depiction makes it faster to retrieve documents during an inspection at reasonable times.

For teams that publish at scale, automation reduces clerical risk. Proposal Kit can help teams generate consistent cover pages and labeled statements to affix to every copy, compile custodian details, and build checklists that track age verification of performers alongside titles slated to publish and reproduce across websites and physical media. By standardizing how you disclose record locations and organize the custodian's index, you make records available for inspection without slowing release schedules.

Writing the Title 18 Section 2257 Record Keeping document - The Narrative

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