2257 regs published in full

[SexVideoContent]

Originally Posted by tickler

Toby:
if the "content set" contains hardcore, it needs to be documented.

Could someone please referance where there is anything mentioned about a content set in the regs? I've seen this mentioned several times on message boards but all I've seen a referance to in the regs was individual photos, not photosets.

[Barron]

Originally Posted by SexVideoContent

Could someone please referance where there is anything mentioned about a content set in the regs? I've seen this mentioned several times on message boards but all I've seen a referance to in the regs was individual photos, not photosets.

I agree with you, the word "depiction" is singular, not plural.

But, when it comes to sets the regs say this:

Section 75.2
"Any producer... engaged in actual sexually explicit conduct in whole or part...that have been mailed or shipped in interstate or foreign commerce... or shipped or transported... or is intended for shipment...in commerce..."

If I go to the content provider, or the affiliate program and obtain depictions that are intended for commerce I have to have age docs.

Example: The content provider sells me 10 images, 5 of no explicit conduct, 5 with explicit conduct.(the regs say in whole or part) The content provider intended for all of the photographs to be used in commerce. Even though I only "publish" the 5 images of no explicit conduct I have to have the docs.

Example: I go to the affiliate program and download free content. The affiliate program shipped them to me with the intent that the depictions would be use for commerce, ie sell a membership.

I disagree with this, I only think that I should provide docs for the depictions I publish as it applies to other parts of the regs. But, can your lawyer defend that stance?

Best advice: Go with what your lawyer says.


_

[RawAlex]

Originally Posted by SexVideoContent

Could someone please referance where there is anything mentioned about a content set in the regs? I've seen this mentioned several times on message boards but all I've seen a referance to in the regs was individual photos, not photosets.

Okay, you gotta read this carefully now:

Any producer of any book, magazine, periodical, film,
videotape, digitally- or computer-manipulated image, digital image,
picture, or other matter that contains a depiction of an actual human
being engaged in actual sexually explicit conduct that is produced in
whole or in part with materials that have been mailed or shipped in
interstate or foreign commerce, or is shipped or transported or is
intended for shipment or transportation in interstate or foreign
commerce and 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, create and maintain records containing the
following:

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|

[Barron]

Commentary:


If you read my last two posts carefully you will see that I take two stances. In one post, I dont believe we should have age docs, but in the other I say we do.

As I write this post, the thread has 421 posts and 8702 views.(Is this a record?)

When you look at the two stances I took, and the number of people interested in this thread, its easy to see the new regs are so confusing that everyone is having a hard time interrupting them, even the lawyers.

This is not legal advice, this "cover your ass" advice:

1. Get a First Admendment Attorney
2. Get docs on all your content
3. Get your cross referencing database built
4. No matter what you believe to be true, want to be true, or talk yourself into believing what should be true, take your lawyers advice on how to get compliant, and have it done by June 23.

If you have to beg, borrow, steal, pick up cans, mow yards and take a temp job, get the money together and get a lawyer.

I say this for one reason only. I have regular submitters that I recognize. Its obvious that they have made the change with their 2257 statement to comply with the new regs. After several days and hundreds of posts in various threads, on various boards, they still have it wrong. If you are listening to people on the boards to get your legal advice, your getting started on the wrong foot. GET A LAWYER

Rawalex, what trooper you are. Thanks for all your help


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[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.

[airdick]

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

|skyfall|

"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.

[ardentgent]

Originally Posted by RawAlex

Okay, you gotta read this carefully now:



The key words: contains one or more visual depictions


snip


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|

I would seem to agree with Alex here. However, the exemption statement in 75.7 states in part that one may be exempt if "the matter containes only visual depictions of simulated sexually explicit conduct". The matter seems to refer to images or pictures and not picture sets.