Quote:
|
Originally Posted by swedguy
Sinistress, I've been stuck on that part for the last 10 minutes too 
Taken from xxxlaw's http://my.execpc.com/~xxxlaw/2257Tables5.24.05.htm :
(4) Producer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following:
(ii) Mere distribution;
(v) A provider of an electronic communication service or remote computing service who does not, and reasonably cannot, manage the sexually explicit content of the computer site or service.
Doesn't it sound like it could make Google Image not a producer?
If it is, why wouldn't a thumb TGP be included there too? The only thing they are doing is distributing. |
Google image is a producer. If you read through the entire text, there was some attempts made to make exceptions for certain types of activities, but that the DOJ stopped short of creating exceptions because they knew us sneaky little bastards would drive a truck through any little hole they created.
For a thumbtgp, it's pretty clear. You have images on your website, thumbs you have created (a new image!), and therefore you need 2257 documents for any sexually explicit image.
Now if you think going softcore will help you out, your not entirely right. If the image was originally hardcore (you have to store and indentify the original image) or came from a hardcore set, it may be subject to 2257. If any other images on your site are hardcore (even on banners) they could consider your publication to sexually explicit, and as such, require 2257 for all images.
Basically, you need a model release for every image, every time, without exception.
Thus, thumbtgps are really in the shit.
Alex