[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR75.1]

[Page 313]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 75--CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 1990; RECORD-KEEPING PROVISIONS--Table of Contents
 
Sec. 75.1  Definitions.

    (a) Terms used in this part shall have the meanings set forth in 18 
U.S.C. 2257.
    (b) Picture identification card shall mean a document issued by a 
government entity or by a private entity, such as a school or a private 
employer, that bears the photograph and the name of the individual 
identified. A picture identification card may be a passport, driver's 
license, work identification card, school identification card, selective 
service card, or identification card issued by a state.
    (c) Producer means any person, including any individual, 
corporation, or other organization, who is a primary producer or a 
secondary producer.
    (1) A primary producer is any person who actually films, videotapes, 
or photographs a visual depiction of actual sexually explicit conduct.
    (2) A secondary producer is any person who produces, assembles, 
manufactures, publishes, duplicates, reproduces, or reissues a book, 
magazine, periodical, film, videotape, or other matter intended for 
commercial distribution that contains a visual depiction of actual 
sexually explicit conduct.
    (3) The same person may be both a primary and a secondary producer.
    (4) Producer does not include persons whose activities relating to 
the visual depiction of actual sexually explicit conduct are limited to 
the following:
    (i) Photo processing;
    (ii) Distribution; or
    (iii) Any activity, other than those activities identified in 
paragraphs (c) (1) and (2) of this section, that does not involve the 
hiring, contracting for, managing, or otherwise arranging for the 
participation of the depicted performers.
    (d) Sell, distribute, redistribute, and rerelease refer to 
commercial distribution of a book, magazine, periodical, film, 
videotape, or other matter that contains a visual depiction of actual 
sexually explicit conduct, and does not refer to noncommercial 
distribution of the such matter, including transfers conducted by 
lending libraries.
    (e) Copy, when used in reference to an identification document or a 
picture identification card, means a photocopy or a photograph.