Sec.  75.2  Maintenance of records.

    (a) Any producer of any book, magazine, periodical, film, 
videotape, digitally- or computer-manipulated image, digital image, 
picture, or other matter that contains a depiction of an actual human 
being engaged in actual sexually explicit conduct that is produced in 
whole or in part with materials that have been mailed or shipped in 
interstate or foreign commerce, or is shipped or transported or is 
intended for shipment or transportation in interstate or foreign 
commerce and that contains one or more visual depictions of an actual 
human being engaged in actual sexually explicit conduct made after July 
3, 1995 shall, for each performer portrayed in

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such visual depiction, create and maintain records containing the 
following:
    (1) The legal name and date of birth of each performer, obtained by 
the producer's examination of a picture identification card. For any 
performer portrayed in such a depiction made after July 3, 1995, the 
records shall also include a legible copy of the identification 
document examined and, if that document does not contain a recent and 
recognizable picture of the performer, a legible copy of a picture 
identification card. For any performer portrayed in such a depiction 
after June 23, 2005, the records shall include
    (i) A copy of the depiction, and
    (ii) Where the depiction is published on an Internet computer site 
or service, a copy of any URL associated with the depiction or, if no 
URL is associated with the depiction, another uniquely identifying 
reference associated with the location of the depiction on the 
Internet.
    (2) Any name, other than each performer's legal name, ever used by 
the performer, including the performer's maiden name, alias, nickname, 
stage name, or professional name. For any performer portrayed in such a 
depiction made after July 3, 1995, such names shall be indexed by the 
title or identifying number of the book, magazine, film, videotape, 
digitally- or computer-manipulated image, digital image, picture, URL, 
or other matter. Producers may rely in good faith on representations by 
performers regarding accuracy of the names, other than legal names, 
used by performers.
    (3) Records required to be created and maintained under this part 
shall be organized alphabetically, or numerically where appropriate, by 
the legal name of the performer (by last or family name, then first or 
given name), and shall be indexed or cross-referenced to each alias or 
other name used and to each title or identifying number of the book, 
magazine, film, videotape, digitally- or computer-manipulated image, 
digital image, picture, URL, or other matter.
    (b) A producer who is a secondary producer as defined in Sec.  
75.1(c) may satisfy the requirements of this part to create and 
maintain records by accepting from the primary producer, as defined in 
Sec.  75.1(c), copies of the records described in paragraph (a) of this 
section. Such a secondary producer shall also keep records of the name 
and address of the primary producer from whom he received copies of the 
records.
    (c) The information contained in the records required to be created 
and maintained by this part need be current only as of the time the 
primary producer actually films, videotapes, or photographs, or creates 
a digitally or computer-manipulated image, digital image, or picture, 
of the visual depiction of an actual human being engaged in actual 
sexually explicit conduct. If the producer subsequently produces an 
additional book, magazine, film, videotape, digitally- or computer-
manipulated image, digital image, or picture, or other matter 
(including but not limited to Internet computer site or services) that 
contains one or more visual depictions of an actual human being engaged 
in actual sexually explicit conduct made by a performer for whom he 
maintains records as required by this part, the producer may add the 
additional title or identifying number and the names of the performer 
to the existing records maintained pursuant to Sec.  75.2(a)(2).
    (d) For any record created or amended after June 23, 2005, all such 
records shall be organized alphabetically, or numerically where 
appropriate, by the legal name of the performer (by last or family 
name, then first or given name), and shall be indexed or cross-
referenced to each alias or other name used and to each title or 
identifying number of the book, magazine, film, videotape, digitally- 
or computer-manipulated image, digital image, or picture, or other 
matter (including but not limited to Internet computer site or 
services). If the producer subsequently produces an additional book, 
magazine, film, videotape, digitally- or computer-manipulated image, 
digital image, or picture, or other matter (including but not limited 
to Internet computer site or services) that contains one or more visual 
depictions of an actual human being engaged in actual sexually explicit 
conduct made by a performer for whom he maintains records as required 
by this part, the producer shall add the additional title or 
identifying number and the names of the performer to the existing 
records and such records shall thereafter be maintained in accordance 
with this paragraph.
    (e) Records required to be maintained under this part shall be 
segregated from all other records, shall not contain any other records, 
and shall not be contained within any other records.
    (f) Records required to be maintained under this part may be kept 
either in hard copy or in digital form, provided that they include 
scanned copies of forms of identification and that there is a custodian 
of the records who can authenticate each digital record.


Sec.  75.3  Categorization of records.

    Records required to be maintained under this part shall be 
categorized alphabetically, or numerically where appropriate, and 
retrievable to: All name(s) of each performer, including any alias, 
maiden name, nickname, stage name or professional name of the 
performer; and according to the title, number, or other similar 
identifier of each book, magazine, periodical, film, videotape, 
digitally- or computer-manipulated image, digital image, or picture, or 
other matter (including but not limited to Internet computer site or 
services). Only one copy of each picture of a performer's picture 
identification card and identification document must be kept as long as 
each copy is categorized and retrievable according to any name, real or 
assumed, used by such performer, and according to any title or other 
identifier of the matter.