Expert: Dan Pepper - 6/2/2008

Question
QUESTION: What happens if someone produces a movie and meets all the record keeping requirements and then moves from the address of record?  Do they need to update some federal or state agency? Or is some other action needed?

ANSWER: The answer depends upon the manner in which the content was labeled and distributed.  The regulations do not carry specific instructions on this point, so you should have a qualified lawyer review your particular situation and advise you accordingly.

---------- FOLLOW-UP ----------

QUESTION: This would be in regards to DVD production and distribution. One part of § 75.6 states "(d) The information contained in the statement must be accurate as of the date on which the book, magazine, periodical, film, videotape, digitally or computer-manipulated image, digital image, picture, or other matter is produced or reproduced."  My understanding of this statement is that each time you produce a new film, or reproduce the same film, the 2257 statement must be updated if it has changed in any way.  Am I understanding this correctly?

A side question.  Is there any reason not to have an outside firm handle the storage of the hard copy documents and make them the keeper of records (provided that they know they are doing that of course)?  

Thanks.  

Answer
That is basically correct, although it can depend upon the nature of the "change" from the original production.

Regarding your second question, no, the producer must maintain the records at the location in which the records were produced.  This MAY not preclude the producer from renting space from a third party, and using that third party's location as the recordkeeper UNDER CERTAIN LIMITED CIRCUMSTANCES.  Because I cannot give legal advice through this forum, you would need to retain qualified counsel for such specific advice.