How do I go about listing private sexy photos legally?

[TheWhack]

I get about 5 submissions a week for people sending me their photos and begging me to add them to my site. I have always told people I can not just list them without all the signed documents and proof of age, and I talk them out of it for other reasons....


If I did want to list someone (because I do get some good submissions) how could I do this? I am just curious what I need to legally add them to my site for others to view? This is all for a free site.

Also, how are the sites that people just submit their pictures so much different? Like Hot or Not rating systems with naked people. How come the site owner does not have to have all the info to list a photo for those sites? Like proof of age?


Thanks,
Chuck

[basschick]

if there is the slightest chance that the law could consider those pics sexually explicit - not just now, but later even if they change the definitions - you must have proof of i.d. on file plus a signed modeling release in case someone later says you didn't have permission to use their pics.

consider this: how do you REALLY know the people in the pics submitted are of age? a hunky looking 16 year old can easily look 21. and without a modeling release with a sig that matches the i.d., how do you know you aren't posting revenge pics, like someone sending pics of their ex?

some sites don't bother to get i.d. and figure nothing will happen. some sites actually don't take submissions - they just pretend to. some sites are outside the u.s. and have different laws.

[TheWhack]

if there is the slightest chance that the law could consider those pics sexually explicit - not just now, but later even if they change the definitions - you must have proof of i.d. on file plus a signed modeling release in case someone later says you didn't have permission to use their pics.

consider this: how do you REALLY know the people in the pics submitted are of age? a hunky looking 16 year old can easily look 21. and without a modeling release with a sig that matches the i.d., how do you know you aren't posting revenge pics, like someone sending pics of their ex?

some sites don't bother to get i.d. and figure nothing will happen. some sites actually don't take submissions - they just pretend to. some sites are outside the u.s. and have different laws.

Would it be good enough for someone to fax a signed model release and a copy of their drivers license? Or would I have to phyically watch them sign and have video of the signing?

I want to be sure I take all precautions and get all the info I need. I may talk to my lawyer about it as well. I just probably wont take submissions because its not worth the trouble or risk. Just curious on the laws.

Thanks basschick

[basschick]

i'm not a lawyer but you need a recognizable i.d., not a blurry fax copy. if the pic isn't recognizable, you have a legal issue on your hands. hopefully chad will see this thread and comment.

btw, sending you a pm.

[gaybucks_chip]

The other issue here is the Brent Corrigan-Cobra scandal thing... if you get a faxed or emailed ID, there's no guarantee that it hasn't been altered with Photoshop.

Basically, near as I can tell, there's no sure way to tell an ID is genuine without actually holding it, and I believe that 2257 requires the producer to actually physically examine the ID, as well as to make a copy of it. And, as Patti suggested, compare the signature on the release with the sig on the ID; she pointed out sometime back that someone could use their older brother's ID, and without the signature verification, you might never know.

We actually go a step further and check each ID against the official ID verification book used by banks and bars and so forth, but that might be overkill.

[chadknowslaw]

Dang. I should never check GWW late at night right after really great sex. There is always a question I feel I just gotta respond to instead of slipping off into blissful and cum-drained sleep.

The person who takes the photo is the primary producer. They are responsible for keeping their own records. You are the secondary producer, so at this time you do not need to keep records.

However, as Chip brought up, there is always the very real possibility of the image being child pornography. Even if you have an image of a photo ID that says the model is over 18 [supposedly turning 18 BEFORE the image was taken, and there is almost no way to determine when it WAS taken] if the image was taken before the model turned 18, photocopy/altered image in your possession, the image is still child porn and you are guilty [although you give your defense lawyer at least SOMETHING to argue to the jury that wants to convict your evil child-molesting self].

If you take surfer submissions, require a clear copy of the driver's license. Get a clear copy of a model release--even if it is their own image, so you have something that explicitly gives you permission to publish it. And use common sense. If the model looks underage, don't use the pic. If you have any doubts, don't use the pic. You can also hire a private investigator for a very small fee to search that person and find their real age [about $25 in many cases, especially if you are going to do some volume with the investigator]. You as the secondary producer do have some legal barriers to protect you, but if the image is child porn you are either fucked or are going to spend a lot of money on attorney's fees to get you un-fucked. And don't call me. I don't defend those cases.

[sockstars]

I wonder how msn groups and the like work then with id's - they allow people to post their own profiles and photos - are they offering an illegal service or is it ok if the profile is considered some sort of personal hosting account ?

socks

[Matt 26z]

AOL deletes anything adult related. Yahoo allows it. RateMyCock encourages it. Exactly at what point in time you become a guilty service provider is something I don't think anyone has an answer for.

Something tells me that if the submits are going on a commercial adult site that will knowingly profit in some way off those submits, then you may in certain cases have responsibilities that the mainstream companies do not.

I think this is just one of the many things on the adult internet that you have to decide the level of safety you are personally most comfortable with. Some will be ultra safe and not do this at all. Others will be safe and require an ID or not post twinky boys. Still others will throw all caution to the wind and just open unmoderated submits for anyone. Who is correct?