28 C.F.R. § 75.8

Location of the statement

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(a) All books, magazines, and periodicals shall contain the statement required in § 75.6 or suggested in § 75.7 either on the first page that appears after the front cover or on the page on which copyright information appears.

(b) In any film or videotape which contains end credits for the production, direction, distribution, or other activity in connection with the film or videotape, the statement referred to in § 75.6 or § 75.7 shall be presented at the end of the end titles or final credits and shall be displayed for a sufficient duration to be capable of being read by the average viewer.

(c) Any other film or videotape shall contain the required statement within one minute from the start of the film or videotape, and before the opening scene, and shall display the statement for a sufficient duration to be read by the average viewer.

(d) A computer site or service or Web address containing a digitally- or computer-manipulated image, digital image, or picture shall contain the required statement on every page of a Web site on which a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct appears. Such computer site or service or Web address may choose to display the required statement in a separate window that opens upon the viewer's clicking or mousing-over a hypertext link that states, “18 U.S.C. 2257 [and/or 2257A, as appropriate] Record-Keeping Requirements Compliance Statement.”

(e) For purpose of this section, a digital video disc (DVD) containing multiple depictions is a single matter for which the statement may be located in a single place covering all depictions on the DVD.

(f) For all other categories not otherwise mentioned in this section, the statement is to be prominently displayed consistent with the manner of display required for the aforementioned categories.

[Order No. 2765-2005, 70 FR 29619, May 24, 2005, as amended at 73 FR 77471, Dec. 18, 2008]

Notes of Decisions

Cited in 5 cases, 1994–2018 · leading case: Am. Library Ass'n v. Janet Reno, Attorney Gen. of the United States Dep't of Just., 33 F.3d 78 (D.C. Cir. 1994).

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Am. Library Ass'n v. Janet Reno, Attorney Gen. of the United States Dep't of Just., 33 F.3d 78 (D.C. Cir. 1994). “See 28 C.F.R. § 75.8 . Appellees nevertheless challenge, as both overbroad and unnecessary to the purposes of the Act, the requirement that the statement be accurate “as of the date on which [the sexually explicit material] is sold, distributed, redistributed, or rereleased.”

Free Speech Coalition v. Gonzales, 483 F. Supp. 2d 1069 (D. Colo. 2007). · cites it 2× “Claim 21 28 C.F.R. § 75.8 (d) provides that a statement required by the statute and regulations concerning the location of records shall be located “on [a website’s] homepage, any known major entry points, or principal URL (including the principal URL of a subdomain), or in a…”

Free Speech Coalition, Inc. v. Attorney Gen. United States, 787 F.3d 142 (3rd Cir. 2015). · cites it 2× “15 (citing 28 C.F.R. § 75.8 (a)—(f)). Whether that distinction is tenable, we note that for many works, the regulations do not require every image to be labeled.”

Free Speech Coalition, Inc. v. Holder, 957 F. Supp. 2d 564 (E.D. Pa. 2013). “See 28 C.F.R. § 75.8 (a-f). Barbara Nitke testified to maintaining a cumbersome system of paper records, including a paper cross-referencing document, which she needs to rearrange every time she updates her website.”

Free Speech Coal., Inc. v. Sessions, 314 F. Supp. 3d 678 (E.D. Pa. 2018). “An entire subsection of the Regulations concerns the location of the required statement as to various media, see 28 C.F.R. 75.8. The Regulations also allow the possibility of a separate statement, available under certain circumstances, attesting to the fact that the images to…”

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