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These works, which were made after November 1, 1990 and depicts one or more actual human beings engaged in sexually explicit conduct—including but not limited to "lascivious exhibition of the genitals or pubic area of any person" ([ USC 18 § 2256])—has record-keeping requirements in the United States under the [[:en:Child_Protection_and_Obscenity_Enforcement_Act|Child Protection and Obscenity Enforcement Act (18 U.S.C. 2257)]]. Any [[Commons:Reusing content outside Wikimedia|content reuser]] in the United States who "publishes, reproduces, or reissues" this work and also qualifies as a "secondary producer" under this Act must document the age and identity of all performers depicted, or face penalties of up to five years in prison per infraction. Wikimedia Commons is not obligated to keep these records and is not responsible for failure to acquire records by content reusers. The scope and constitutionality of this law are very unclear.

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