Forgive me if this was covered in one of the many 2257 threads but anyone know if we are expected to have the records for the models on our banners?
Forgive me if this was covered in one of the many 2257 threads but anyone know if we are expected to have the records for the models on our banners?
Greetings:
Yes, if the banners have sexually explicit imagery in them, then you need to have records, including cross referenced IDs. It doesn't matter if the banners are being served from your server, or from a different server (such as the sponsor's). The depictions appear on your domain, so you need to be custodian.
Fun, huh?
The solution that we came up with for AlleyBucks? I just spent a small fortune having a ton of censored banners made up for our affiliates. I should have them up by the end of this week. I have a feeling we won't be the only sponsor doing this, either......
Thanks for the answer. Well im currently going though all my free sites and checking the content anyway so I;ve started talking out any banners that have any kind if nudity. The one thing I havent figured out how to fix is the tgps. I have over 600 galeries out there. How the hell can i change the banners on all of them and how can I do it with out being banned? Im considering just deleteing all of them and start from scratch.
Only way of replacing those - and hopefully not getting blacklisted, is to try to replace the sexual banner with a more vanilla version that is named exactly the same name, just upload and let it replace the one now on your server. Now if some tgp's go back thru and see that it isn't exactly the same file weight, you may have a problem making the switch unless they're identical in kb as well.Originally Posted by shelmal
JMHO, but I highly doubt that TGP's are going to start blacklisting all of their submitters because they want to become 2257 compliant
using part of a sexually explicit pic, like using on the head on a masturbation pic, or censoring a pic, won't legally cover you. i already talked to my lawyer about this, and he said if the pic was sexually explicit you need i.d.
it's not about not showing sexually explicit material that was altered, but about making sure minors aren't doing the material at all.
it's very unlikely, but if the feds recognize a pic on a banner as having been a hardcore pic, you're fucked unless you have i.d.
A photo is what it is, and if it doesn't contain anything sexually explicit then it's not sexually explicit.
If CK runs a magazine ad showing a nude man and woman laying on the bed pretty much having sex with an overlay of a cologne bottle censoring them out, you can't tell me that photo is still sexually explicit even if the original was.
Greetings:
My attorney told me the same thing, IF you're the one that altered the explicit picture to censor it. IE: if an affiliate were to be the one that edited an explicit picture to censor it, he/she then becomes a secondary producer, and needs the IDs.
However, if the affiliate is provided with a pic that's already censored, since they never had the explicit material, and never edited it, they are not a secondary producer, and don't need the ID.
I'd love to know his reasoning behind that one. Sure, you definitely become the secondary producer. But we're talking secondary producer of the newly non-sexually explicit photo. Since when do photos that are not sexually explicit fall under 2257 records requirements regardless of who produced them?
I can see how it would be an ultra safeguard to keep the ID's on hand of cropped content though. If the feds know you cropped the head shot or whatever from an original sexual pic they believe may have been CP then who knows what they could try and do to you if you can't prove the crop actually did come from a legal photo.
But that's more of a CP prosecution prevention measure than a 2257 violation, correct?
I'm not saying that the tgp owner would blacklist you - but the SCRIPT they use could! Some of those scripts go through all the galleries, current as well as archived, and note file weight, image size, link or pic name changes. Some webmasters have their scripts setup to automatically delete or blacklist any galleries the script finds that have been altered.
Hopefully, all the main tgp owners have a clue what's going on and will adjust their scripts so that it just gives a report without actually doing anything to any galleries in question.
Greetings:
Matt, I hear where you're coming from. But, at this point, I'm far past being pissed off, and far past trying to figure out the "reasoning" or "logic" behind any of this crap. At this point, I'm simply doing what I'm told will keep me in compliance.
To understand the mind of anyone in the Bush Administration is not a rational or achievable goal for me...
I'll drink to that ... this is definately a time to restock the bar.
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