Whats the best way to be be 2257 safe and still be an affiliate?

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  • niceanice
    Confirmed User
    • Aug 2006
    • 145
    #1

    Whats the best way to be be 2257 safe and still be an affiliate?

    All I am is an affiliate, I have no interest in producing content.
    I like using sponsor content only, I dont even like buying it.

    So are you safe using sponsor content? If you get audited for it which sponsors will step forward and help you and say they shot the content and here are their records? Leaving their affiliates totally safe to just keep promoting them worry-free?
    Tags: None
    • mikeet
      this & that
      • May 2005
      • 5365
      #2
      Welcome to GFY, nice 1st post.

        Comment

        • spacedog
          Yes that IS me. Bitch.
          • Nov 2001
          • 14149
          #3
          Originally posted by niceanice
          All I am is an affiliate, I have no interest in producing content.
          I like using sponsor content only, I dont even like buying it.

          So are you safe using sponsor content? If you get audited for it which sponsors will step forward and help you and say they shot the content and here are their records? Leaving their affiliates totally safe to just keep promoting them worry-free?
          That's not going to cut it.... you need the records yourself..You can not publish, reissue, republish, display an image/movies etc, etc without the records in your own custody.. suppose you have sponsor image, get questioned,, "Gee mr fbi, I will call sponsor A & get the records"...

          Guess who is now screwed ?

            Comment

            • spacedog
              Yes that IS me. Bitch.
              • Nov 2001
              • 14149
              #4
              But, to be safe.. use only non nude thumbs/images.. nothing lascivious, as this term is used in outlining 2257.. because even a NN image can be lascivious.. ie, cameltoes, spread legs with didlo in her hand, etc.. get the idea..

              Also, text links to FHG can work effectively too...

                Comment

                • GCD1
                  Registered User
                  • Jul 2006
                  • 33
                  #5
                  Originally posted by spacedog
                  But, to be safe.. use only non nude thumbs/images.. nothing lascivious, as this term is used in outlining 2257.. because even a NN image can be lascivious.. ie, cameltoes, spread legs with didlo in her hand, etc.. get the idea..
                  How is the government defining lascivious? I don't recall reading it.

                    Comment

                    • spacedog
                      Yes that IS me. Bitch.
                      • Nov 2001
                      • 14149
                      #6
                      Originally posted by GCD1
                      How is the government defining lascivious? I don't recall reading it.
                      They're not defining it....



                      But they do use the term

                        Comment

                        • niceanice
                          Confirmed User
                          • Aug 2006
                          • 145
                          #7
                          Originally posted by spacedog
                          That's not going to cut it.... you need the records yourself..You can not publish, reissue, republish, display an image/movies etc, etc without the records in your own custody.. suppose you have sponsor image, get questioned,, "Gee mr fbi, I will call sponsor A & get the records"...

                          Guess who is now screwed ?
                          what if i join the FSC? then im ok, for now?

                            Comment

                            • spacedog
                              Yes that IS me. Bitch.
                              • Nov 2001
                              • 14149
                              #8
                              Originally posted by niceanice
                              what if i join the FSC? then im ok, for now?
                              No, unless your in the 10th circuit. They'll (FSC) tell you otherwise..

                              I really don't know, and there are various answers to that from people here.. best person to ask is an attorney.. my answer is really a guess at best, from what I see, read & heard.
                              Last edited by spacedog; 08-12-2006, 05:08 AM.

                                Comment

                                • MrCain
                                  Confirmed User
                                  • Jun 2006
                                  • 3332
                                  #9
                                  Welcome.
                                  Sigmund

                                    Comment

                                    • rigrunner
                                      Confirmed User
                                      • Jan 2004
                                      • 877
                                      #10
                                      I imagine you'd be exempt if you're not producing the content. 90% of sponsors provide a link to a 2257 page where anybody can obtain info about the custodian of records.

                                      It's highly unlikely any FBI would knock if you're not producing content, if they knocked for me - I'd point them to the sponsor of whatever pic they were enquiring about.
                                      Get Nasty - Make Bank Here

                                        Comment

                                        • GatorB
                                          The Demon & 12clicks
                                          • Oct 2001
                                          • 18208
                                          #11
                                          Originally posted by spacedog
                                          No, unless your in the 10th circuit. They'll (FSC) tell you otherwise..

                                          I really don't know, and there are various answers to that from people here.. best person to ask is an attorney.. my answer is really a guess at best, from what I see, read & heard.

                                          Also I believe you had to be a member of the FSC before a certian date in 2005. I remember everyone being told they had better join before a certain date in order to be protected. I may be wrong about this so someone can provide a link to the agreement the FSC has with the government.

                                          Anyways best way to avoid trouble is not to use content at all.

                                            Comment

                                            • spacedog
                                              Yes that IS me. Bitch.
                                              • Nov 2001
                                              • 14149
                                              #12
                                              Originally posted by rigrunner
                                              I imagine you'd be exempt if you're not producing the content. 90% of sponsors provide a link to a 2257 page where anybody can obtain info about the custodian of records.

                                              It's highly unlikely any FBI would knock if you're not producing content, if they knocked for me - I'd point them to the sponsor of whatever pic they were enquiring about.
                                              That's wrong.. if you put it online, you are a secondary producer..

                                              secondary producers ARE required to be in actual, physical possession of their OWN records.. you can NOT list the sponsor as the custodian.. You must maintain your own records..


                                              You are possibly correct that it is unlikely they will knock on your door or any other small site unless you have girls that look suspicious

                                                Comment

                                                • Worldnet
                                                  Confirmed User
                                                  • Feb 2003
                                                  • 996
                                                  #13
                                                  You won't get much help from affiliate programs as far as 2257 info. They are laying low playing dumb right now.

                                                    Comment

                                                    • niceanice
                                                      Confirmed User
                                                      • Aug 2006
                                                      • 145
                                                      #14
                                                      Originally posted by spacedog
                                                      No, unless your in the 10th circuit. They'll (FSC) tell you otherwise..

                                                      I really don't know, and there are various answers to that from people here.. best person to ask is an attorney.. my answer is really a guess at best, from what I see, read & heard.
                                                      whats the 10th circuit?

                                                        Comment

                                                        • GCD1
                                                          Registered User
                                                          • Jul 2006
                                                          • 33
                                                          #15
                                                          Originally posted by spacedog
                                                          They're not defining it....

                                                          But they do use the term
                                                          Well that's just lovely. So basically they can apply it to whatever image they want, it would seem. I wonder if they consider bare breasts lascivious?

                                                            Comment

                                                            • fris
                                                              I have to go potty
                                                              • Aug 2002
                                                              • 55805
                                                              #16
                                                              porn is bad
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                                                                • spacedog
                                                                  Yes that IS me. Bitch.
                                                                  • Nov 2001
                                                                  • 14149
                                                                  #17
                                                                  Originally posted by niceanice
                                                                  whats the 10th circuit?
                                                                  10th circuit is the district where case sundance vs reno was heard in which Judge ordered the injunction that secondary producers were exempt from the record keeping requirements of 2257, however, the changes made in july & when they made HR4472 has created much confusion & chaos regarding 2257.

                                                                    Comment

                                                                    • Dirty Dane
                                                                      Sick Fuck
                                                                      • Feb 2004
                                                                      • 9491
                                                                      #18
                                                                      welcome and bump4u

                                                                        Comment

                                                                        • notabook
                                                                          Confirmed User
                                                                          • Apr 2006
                                                                          • 9748
                                                                          #19
                                                                          Originally posted by Fris
                                                                          porn is bad
                                                                          But? but how can something that makes my penis feel so good be bad

                                                                            Comment

                                                                            • Grapesoda
                                                                              So Fucking Banned
                                                                              • Jul 2003
                                                                              • 46234
                                                                              #20
                                                                              Originally posted by GatorB
                                                                              Also I believe you had to be a member of the FSC before a certian date in 2005. I remember everyone being told they had better join before a certain date in order to be protected. I may be wrong about this so someone can provide a link to the agreement the FSC has with the government.

                                                                              Anyways best way to avoid trouble is not to use content at all.
                                                                              hummm? isn't that extortion? seems like that would walk in court in a heart beat . . . the gov is in collusion with a private organization for exemption from a law? so I wouldn't be 'extorted' so now I must go to jail . . don't think that will fly

                                                                                Comment

                                                                                • Webby
                                                                                  Too lazy to set a custom title
                                                                                  • Oct 2002
                                                                                  • 14956
                                                                                  #21
                                                                                  Originally posted by niceanice
                                                                                  Whats the best way to be be 2257 safe and still be an affiliate?
                                                                                  Welcome to GFY!

                                                                                  Nice and sensible first post
                                                                                  XXX TLD's - Another mosquito to swat.

                                                                                    Comment

                                                                                    • andrej_NDC
                                                                                      Registered User
                                                                                      • May 2004
                                                                                      • 7760
                                                                                      #22
                                                                                      Let the sponsor host your domains.

                                                                                        Comment

                                                                                        • jayeff
                                                                                          Confirmed User
                                                                                          • May 2001
                                                                                          • 2944
                                                                                          #23
                                                                                          Originally posted by niceanice
                                                                                          what if i join the FSC? then im ok, for now?
                                                                                          If you join FSC now, you get no protection whatsoever: you had to be a member at the time the non-inspection agreement was reached.

                                                                                          And in any case, define "ok"? I get the strong impression that many FSC members are choosing to interpret a suspension of inspections as an exemption from the law. If so, a lot of people are potentially headed for trouble, when/if inspections begin.

                                                                                          Originally posted by rigrunner
                                                                                          I imagine you'd be exempt if you're not producing the content. 90% of sponsors provide a link to a 2257 page where anybody can obtain info about the custodian of records.

                                                                                          It's highly unlikely any FBI would knock if you're not producing content, if they knocked for me - I'd point them to the sponsor of whatever pic they were enquiring about.
                                                                                          Which, if your location is indeed the UK, you can afford to say. However, in the US it would not go down too well if you had to admit to the FBI that you had never bothered to read the rules and made a whole lot of wrong assumptions about them.

                                                                                            Comment

                                                                                            • slapass
                                                                                              Too lazy to set a custom title
                                                                                              • Nov 2002
                                                                                              • 14625
                                                                                              #24
                                                                                              I have heard that boobs are ok and that they are bad. have we got any definition on this? I went to all boob shots a while ago and would hate to have to scrub old crap further.

                                                                                                Comment

                                                                                                • niceanice
                                                                                                  Confirmed User
                                                                                                  • Aug 2006
                                                                                                  • 145
                                                                                                  #25
                                                                                                  Originally posted by andrej_NDC
                                                                                                  Let the sponsor host your domains.
                                                                                                  Are there sponsors that do that?
                                                                                                  Id do that in a heartbeat! Even pay full price for my hosting as long as I only use a sponsors content and their domain and they handle all the models paperwork for the content they give me.

                                                                                                  Ill change sponsors and promote one who does that today.

                                                                                                    Comment

                                                                                                    • Peaches
                                                                                                      Old broad
                                                                                                      • Oct 2002
                                                                                                      • 13933
                                                                                                      #26
                                                                                                      I changed all my pages to text back when 2257 was being batted around. I don't actively promote them in link lists or TGPs but they are bringing in twice as much with the text as they were with the pics. Which is how I started back in 97 making all text pages for AltaVista. Go figger

                                                                                                        Comment

                                                                                                        • footmonkey
                                                                                                          Confirmed User
                                                                                                          • Nov 2005
                                                                                                          • 639
                                                                                                          #27
                                                                                                          How about hot-linking? The images are not hosted by you therefore they're ok?

                                                                                                          Does artistic nudity need 2257s?

                                                                                                          Does solo topless need 2257s?

                                                                                                            Comment

                                                                                                            • StickyGreen
                                                                                                              .
                                                                                                              • Oct 2003
                                                                                                              • 13076
                                                                                                              #28
                                                                                                              don't switch your thumbs to non-nude, they are very unproductive...
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                                                                                                                Comment

                                                                                                                • DaddyHalbucks
                                                                                                                  A freakin' legend!
                                                                                                                  • Feb 2004
                                                                                                                  • 18975
                                                                                                                  #29
                                                                                                                  If you "black out" genital areas, does that remove the record keeping requirement?
                                                                                                                  Boner Money

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                                                                                                                    • Gaybucks
                                                                                                                      Confirmed User
                                                                                                                      • May 2004
                                                                                                                      • 451
                                                                                                                      #30
                                                                                                                      Originally posted by footmonkey
                                                                                                                      How about hot-linking? The images are not hosted by you therefore they're ok?
                                                                                                                      We were advised to use the "average person" rule. If an average person who isn't technically inclined looks at your page, and looks at the URL at the top, s/he will assume that the URL at the top of the page is where the site and images are hosted. Therefore, hotlinking is probably not a wise idea. You don't want to have to be arguing that sort of technical point in front of a jury.

                                                                                                                      Originally posted by DaddyHalbucks
                                                                                                                      If you "black out" genital areas, does that remove the record keeping requirement?
                                                                                                                      According to the regulations for 2257 published in June 2005, a sexually explicit image is still sexually explicit even if you've blacked out the naughty bits.

                                                                                                                      On a related note, there is also disagreement among the major adult attorneys as to whether an image that is not explicit (i.e., model is clothed), but part of a photoset that *is* explicit falls under 2257 or not. Difficult to enforce, but you may want to play it safe.
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                                                                                                                        • Digipimp
                                                                                                                          BP4L OT DL
                                                                                                                          • Mar 2003
                                                                                                                          • 13481
                                                                                                                          #31
                                                                                                                          sell drugs instead of porn

                                                                                                                            Comment

                                                                                                                            • L-Pink
                                                                                                                              working on my tan
                                                                                                                              • Mar 2005
                                                                                                                              • 39151
                                                                                                                              #32
                                                                                                                              Originally posted by DaddyHalbucks
                                                                                                                              If you "black out" genital areas, does that remove the record keeping requirement?

                                                                                                                              No ... cropping does NOT either.

                                                                                                                                Comment

                                                                                                                                • andrej_NDC
                                                                                                                                  Registered User
                                                                                                                                  • May 2004
                                                                                                                                  • 7760
                                                                                                                                  #33
                                                                                                                                  Originally posted by niceanice
                                                                                                                                  Are there sponsors that do that?
                                                                                                                                  Id do that in a heartbeat! Even pay full price for my hosting as long as I only use a sponsors content and their domain and they handle all the models paperwork for the content they give me.

                                                                                                                                  Ill change sponsors and promote one who does that today.
                                                                                                                                  Email me at support (at) nextdoorcash.com

                                                                                                                                    Comment

                                                                                                                                    • wizhard
                                                                                                                                      Confirmed User
                                                                                                                                      • Jul 2006
                                                                                                                                      • 579
                                                                                                                                      #34
                                                                                                                                      Originally posted by Peaches
                                                                                                                                      I changed all my pages to text back when 2257 was being batted around. I don't actively promote them in link lists or TGPs but they are bringing in twice as much with the text as they were with the pics. Which is how I started back in 97 making all text pages for AltaVista. Go figger

                                                                                                                                      IMHO a well crafted text link is one of the most underated sales tools around
                                                                                                                                      Laughing Out Loud

                                                                                                                                        Comment

                                                                                                                                        • Quotealex
                                                                                                                                          Confirmed User
                                                                                                                                          • Sep 2001
                                                                                                                                          • 6265
                                                                                                                                          #35
                                                                                                                                          Originally posted by niceanice
                                                                                                                                          All I am is an affiliate, I have no interest in producing content.
                                                                                                                                          I like using sponsor content only, I dont even like buying it.

                                                                                                                                          So are you safe using sponsor content? If you get audited for it which sponsors will step forward and help you and say they shot the content and here are their records? Leaving their affiliates totally safe to just keep promoting them worry-free?
                                                                                                                                          To be safe, only use text links and don't put any content (including banners) into your server. U can also ask the sponsor to buy u a domain under their name and host the content on their server.

                                                                                                                                            Comment

                                                                                                                                            • beta-tester
                                                                                                                                              Rock 'n Roll Baby!
                                                                                                                                              • Sep 2004
                                                                                                                                              • 22562
                                                                                                                                              #36
                                                                                                                                              I am still curious are International people with their servers hosted in the US still safe from this stupid law ?

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                                                                                                                                                • Quotealex
                                                                                                                                                  Confirmed User
                                                                                                                                                  • Sep 2001
                                                                                                                                                  • 6265
                                                                                                                                                  #37
                                                                                                                                                  Originally posted by beta-tester
                                                                                                                                                  I am still curious are International people with their servers hosted in the US still safe from this stupid law ?
                                                                                                                                                  Nope. Why should they!

                                                                                                                                                    Comment

                                                                                                                                                    • footmonkey
                                                                                                                                                      Confirmed User
                                                                                                                                                      • Nov 2005
                                                                                                                                                      • 639
                                                                                                                                                      #38
                                                                                                                                                      I thought that if your company was based in Russia you went by Russian law no matter if your server was in Russia or the US or China.

                                                                                                                                                        Comment

                                                                                                                                                        • GCD1
                                                                                                                                                          Registered User
                                                                                                                                                          • Jul 2006
                                                                                                                                                          • 33
                                                                                                                                                          #39
                                                                                                                                                          Originally posted by Gaybucks
                                                                                                                                                          On a related note, there is also disagreement among the major adult attorneys as to whether an image that is not explicit (i.e., model is clothed), but part of a photoset that *is* explicit falls under 2257 or not. Difficult to enforce, but you may want to play it safe.
                                                                                                                                                          You have to be fucking kidding me. Ugh.

                                                                                                                                                            Comment

                                                                                                                                                            • bvds
                                                                                                                                                              www.fuckingeverywhere.com
                                                                                                                                                              • Feb 2004
                                                                                                                                                              • 25085
                                                                                                                                                              #40
                                                                                                                                                              Originally posted by beta-tester
                                                                                                                                                              I am still curious are International people with their servers hosted in the US still safe from this stupid law ?
                                                                                                                                                              no we are based in Australia and if we host in the US we are still subject to 2257 as is everyone who hosts on US servers.

                                                                                                                                                              I wonder what percentage of adult sites have switched to non US servers recently?
                                                                                                                                                              Last edited by bvds; 08-14-2006, 05:51 PM.
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                                                                                                                                                                • niceanice
                                                                                                                                                                  Confirmed User
                                                                                                                                                                  • Aug 2006
                                                                                                                                                                  • 145
                                                                                                                                                                  #41
                                                                                                                                                                  Ive decided Im just going to sign with a sponsor who lets me use their hosting and their content on their domain.

                                                                                                                                                                  Im trying to find one who will give me my own server as I do a lot of video work, but I can pay the bandwith and server coss myself, I just want it all in their name since im using their content

                                                                                                                                                                    Comment

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