Hi all,
I would like to share the "short & sweet" with you as told to us by our attorney. DO NOT take this as "word" however. But it should help to clear up a lot of speculation.
Pertaining to US Biz and Adult sites only.
If you have "on your site" any image that depict sexually explicit images, YOU are obligated to comply with 2257 and keep ALL records necessary under the law and filed EXACTLY as specified by the law. If you don't, you are in violation of the law and the law stipulates a mandatory 5 years imprisonment.
Sexually explicit images:
1. Any image that shows penetration of the anus and oral.
2. Any image of man or woman I suppose (we're a totally gay site) that portrays masturbation.
3. A man holding his gen's and/or penis. It is still a gray area if he is holding his flacid penis. Just don't push... it's better if you have an image where he isn't touching himself at all.
Here's the "pisser" !!!
You CANNOT simply put the "black dot" over the explicit portion of the image any longer. That IS NOT acceptable. You cannot alter the image in any fashion to "cover" the penetration or a man masturbating. Nope, No How, Now Way, No Fashion. This will be in violation of the law "period" if you don't have the records on file "in-house" as required under 2257.
The ONLY way to get around 2257 is to have "softcore" images displayed on your site. These are deemed as simply "nudity" which has nothing to do with 2257. BUT... be warned, make sure that they are nothing more than nudity. A guy sitting back with a raging "hardon" (NOT TOUCHING IT) is acceptable.
Again, I want to emphasize "on your site".
Take us for example:
a) We sell movies from multiple studio/producers.
b) We can have all the softcore images we want on our site and not be in violation of 2257.
c) We can put links to the studio/producers website that says:
"To see Hardcore images from this movie, click here"
and the link take the customer to the studio/producer website. We are not liable and/or responsible to keep records. The studio IF they have explicit images on their site IS, not us.
d) We currently have a small live cam type link on our website(s) that is provided by AEBN with our affiliate program. This little cam 1"x1" shows scenes from the actual video which includes penetration, masturbation, yada yada...
GUESS WHAT? WE are responsible to have the records for EVERY actor in EVERY video that is shown in that little 1"x1" cam shot on our site.
The FIX...
Get rid of the little cam shot and put a simple text link in that says "FREE DAILY VIDEO" Click Here.
IF the link takes you to another website, then it is no longer your responsibility, but rather the owners' responsibility of the actual site that the images and/or VOD resides on.
The law is very CUT & DRY about the explicit images. It's all the rest of the garbage (land mines) that are included that the Free Speech Coalition and attorney's are fighting.
I would suggest to all US Biz owners to visit the FSC website http://www.freespeechcoalition.com and read up on what's happening. Even better, it would be a GOOD IDEA if you become a member.
WHY? If the FSC is successful in getting an injunction and YOU are a member, you are protected. The organization extends many benefits to its members and you're never playing the "guessing games".
Bookmarks