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Originally Posted by RawAlex
The problem is what is a depiction.
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They're using the word 'depiction' in the singular, not the plural. They could and should have used it in the plural if thats what they had intended, but they did not do that. They haven't set aside a separate definition of the word 'depiction' in the statutes to indicate the word means anything other than its accepted meaning in the dictionary, so I'm not going to assume it means anything else. Words have meaning and I would hope the people who wrote this statute are aware of that.
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Model releases and 2257 info tend to be integral. You get both the rights to the images and a statement from the model that they are over 18. To fulfill 2257 you must have the required IDs. The model release is the document that attaches the 2257 items to the photoshoot in question. They are three parts of the same puzzle. When I say model release, for me there is a direct assumption that the model IDs are with it.
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I agree that when people in this industry speak of a model release, the first thing that pops in their head is probably 2257. However that is not the purpose of a model release and it never has been. Model releases existed long before the first version of 2257, it is an entirely different document that grants the producer the rights to distribute the images of the model, and a model release is used in many publishing concerns other than pornography that are not subject to 2257.
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Read 75.7 more closely...
Alex
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OK
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Sec. 75.7 Exemption statement.
(a) Any producer of any book, magazine, periodical, film,
videotape, digitally- or computer-manipulated image, digital image,
picture, or other matter may cause to be affixed to every copy of the
matter a statement attesting that the matter is not covered by the
record-keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part
if:
(1) The matter contains only visual depictions of actual sexually
explicit conduct made before July 3, 1995, or is produced,
manufactured, published, duplicated, reproduced, or reissued before
July 3, 1995;
(2) The matter contains only visual depictions of simulated
sexually explicit conduct; or,
(3) The matter contains only some combination of the visual
depictions described in paragraphs (a)(1) and (a)(2) of this section.
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Well the exemption statement pertains to:
(1)Sexually explicit matter made before 1995
Not what I'm referring to...
(2)Simulated sexual conduct
I'm referring to non-nude images specifically here so that doesn't apply either (without getting into whether a hand down the panties etc would be considered 'simulated' masturbation - thats another topic)
(3) a combination of 1 and 2
Also not relevant...
I don't see how that affects non-nude images at all. It seems to only pertain to older real pornography, or simulated images.
Now if I'm misreading that, please inform me; however that seems pretty clear as to what it pertains to.
BTW I hope I'm not coming off as inflammatory here, its certainly not the intention.