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Originally Posted by RawAlex
Okay, you gotta read this carefully now:
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
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"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"
IANAL, but IMHO, the phrase "such visual depiction" limits this to only the portions of the work that contain "one or more visual depictions of an actual
human being engaged in actual sexually explicit conduct made after July
3, 1995" and not the whole website, magazine, or other work.