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Originally Posted by pornlaw
Not true.... jerking off is a sexual act covered by 2257, flashing breasts are not. This is how the mainstream gets off from keeping records. Mere nudity usually doesnt trigger 2257. Read the Dost case as to what will trigger the record keeping requirements.
As for using his image, without a release I would not. He has no reason to think he will end up in a commercially released video. Even in public, if you use someone's likeness for commercial purposes you still need a signed release, unless you have posted signs everywhere letting people know that walking/rolling into a particular area means that they are consenting to use their likeness. As a general principle, blur out the faces of people you do not have releases on.
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I'd like to see some caselaw supporting the "need" for a signed release in a public place.