As of July 27, 2006, everyone that puts an image on a website IS a primary producer.
To be precise, Congress did away with the "primary vs. secondary" and basically defined everybody as a "producer". How long that will hold up against judicial scrutiny has yet to be determined. I have yet to see a challenge to that language by the FSC or anyone else, despite its ominous ramifications for every webmaster that puts a nudie pic up on a website.






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