Originally Posted by BoyAlley

I'm going to axe out my uber thexy gay homosexual yellows for this post.

DISCLAIMER: I am not an attorney, and I can't represent that the information provided is at all true, factual, correct, or otherwise worth its weight in horse crap. Due to the serious nature of the topic at hand, PLEASE talk to your own attorneys about this issue, do NOT rely on what I'm about to share. It's my hope that passing this information on will give you a starting point for discussion with your own council. Again, I am NOT an attorney and the following should NOT be viewed as legal advice.

I talked to a couple of attorneys because I wanted a consensus on TGPs being run by USA folk re: 2257 / 4472 (that have sat on pannels at industry conventions, etc. I don't want to list their names here as some attorneys get pissy about repeating their advice etc.).

Specifically, what I asked was:



The Answer I Got In A Nutshell:

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NO. Since the original image itself that the thumb was created from does not trigger 2257/4472, the TGP owner has no obligation to obtain and keep docs on file since he has produced nothing originally based on sexually explicit imagery.

HOWEVER: If the TGP owner takes an explicit thumb or image from the gallery and crops it so that it no longer appears explicit (aka cropping only the face out of a picture that depicts a woman getting fucked), the TGP owner has "produced" a work based on an image that does trigger 2257/4472, and as such does need to obtain and keep docs on file, even though the resulting thumb itself is not explicit.

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The moral of this story? Sponsors, make sure that there is AT LEAST 1 non-explicit image in every gallery that you offer to your affiliates.

If others get similar legal advise as this, you're going to start getting a LOT of affiliates requesting it.