2257 individual images vs sets

mrMagoo · 2005-06-01, 11:01 AM

I've been wondering the same thing about individual photos from a set. I know many won't agree with me but here is what I think, and I'm no lawyer.

If you crop a sexually explicit image it doesn't matter you still need the documents.

However, from my reading, if you use an image that is not sexually explicit, even if there are other images in that set that are, you don't need the documents (as a secondary producer).

I know that many will disagree with me on this but here is the quote from the regulations and my reasoning.

from the new regs:
A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, digitally- or computer- manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, ...

If you only use a non sexually explicit image from a set that has explicit and non-explicit then you haven't published a 'depiction of an actual human being engaged in actual sexually explicit conduct'.

Masturbation vs. exhibition of the genitals is more difficult. I don't have any rule of thumb on this as of yet. Nor do I have any idea about a male erection.

2005-06-01, 11:01 AM	#2
mrMagoo Just because I don't care doesn't mean I don't understand! Join Date: Nov 2003 Location: Chicago Posts: 96	I've been wondering the same thing about individual photos from a set. I know many won't agree with me but here is what I think, and I'm no lawyer. If you crop a sexually explicit image it doesn't matter you still need the documents. However, from my reading, if you use an image that is not sexually explicit, even if there are other images in that set that are, you don't need the documents (as a secondary producer). I know that many will disagree with me on this but here is the quote from the regulations and my reasoning. from the new regs: A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, digitally- or computer- manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, ... If you only use a non sexually explicit image from a set that has explicit and non-explicit then you haven't published a 'depiction of an actual human being engaged in actual sexually explicit conduct'. Masturbation vs. exhibition of the genitals is more difficult. I don't have any rule of thumb on this as of yet. Nor do I have any idea about a male erection.