[SexVideoContent]

Originally Posted by RawAlex

The key words: contains one or more visual depictions

This is a double edged deal here. First off, if ANY part of your website is hardcore, you could be liable to have documentation for all of the images regardless of which is hard and which is soft.

Second, it can also mean that any image in the SET, because you have a model release / ID per photoshoot, not per photo. So if a girl is non-nude in 10 pictures and fucking her boyfriend in the other 10, you need documentation for the entire set because one or more of the visual depcitions is sexual.

You cannot crop a sexual picture and make it non-sexual. It is based on what is originally in that photoset.

Alex

|skyfall|

Thanks for the reply Alex, I agree about the cropping of a hardcore picture to make it appear softcore, that would be altering a hardcore image, however I think you're misreading another part of the statement, or perhaps we're speaking of different situations here:

that contains one or more visual depictions of an actual
human being engaged in actual sexually explicit conduct made after July
3, 1995 shall, for each performer portrayed in
such visual depiction

That would seem to indicate that this only affects the images that are actually sexually explicit, not all images from a 'photoset'.

That the model release gives the producer rights to all photos in a set has nothing to do with which of those photos - if any - are sexually explicit and are therefore subject to 2257. Ditto for the ID's. Model releases are not a 2257 form and the mere existance of a model release does not cause 2257 to be applicable, they merely indicate the model is transferring publishing rights to the producer.

So what I'm saying is, if as a 'secondary producer' I receive those 10 non-nude images you spoke of, and publish them, there is nothing sexually explicit in those images that I have published and it shouldn't be subject to 2257.

Now on the other hand if I publish one hardcore image along with those 10 non-nudes (whether the hardcore image is from the same photoset or not) all the images published on that page would have 2257 requirements.

BTW, depsite my nick, I am not a content producer so please do not think I know what I'm talking about any more than you do I just make tgp galleries - non nude ones at present, and this is only my interpretation.