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.


Sec. 75.4 Location of records.

Any producer required by this part to maintain records shall make
such records available at the producer's place of business. Each record
shall be maintained for seven years from the date of creation or last
amendment or addition. If the producer ceases to carry on the business,
the records shall be maintained for five years thereafter. If the
producer produces the 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) as part of his control of or through his employment with an
organization, records shall be made available at the organization's
place of business. If the organization is dissolved, the individual who
was responsible for maintaining the records on behalf of the
organization, as described in Sec. 75.6(b), shall continue to maintain
the records for a period of five years after dissolution.


Sec. 75.5 Inspection of records.

(a) Authority to inspect. Investigators authorized by the Attorney
General (hereinafter ``investigators'') are authorized to enter without
delay and at reasonable times any establishment of a producer where
records under Sec. 75.2 are maintained to inspect during regular
working hours and at other reasonable times, and within reasonable
limits and in a reasonable manner, for the purpose of determining
compliance with the record-keeping requirements of the Act and any
other provision of the Act (hereinafter ``investigator'').
(b) Advance notice of inspections. Advance notice of record
inspections shall not be given.
(c) Conduct of inspections.
(1) Inspections shall take place during the producer's normal
business hours