2257 - Is a nonnude photo from a nude gallery covered?

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  • V_RocKs
    Damn Right I Kiss Ass!
    • Nov 2003
    • 32451
    #1

    2257 - Is a nonnude photo from a nude gallery covered?

    Someone brought up that a nonnude photo from a nude gallery could be construed as part of a nude "body of work" and therefor need 2257 documentation.

    However, a lawyer with half a brain could argue that video cases where video stills are used on the packaging are not considered part of the nude work on the video, therefor, a precedence has already been set on the issue.

    A nonnude photo inside a gallery that contains other nude photos does not need 2257.
    Tags: None
    • spacedog
      Yes that IS me. Bitch.
      • Nov 2001
      • 14149
      #2
      They say we need 2257 for using a NN thumb if the original image is from a set containing nude.

        Comment

        • BoyAlley
          So Fucking Gay
          • Nov 2004
          • 19714
          #3
          I asked a couple of attorneys this very question, here's what i was told:

          http://www.gofuckyourself.com/showthread.php?t=722569

            Comment

            • RawAlex
              So Fucking Banned
              • Oct 2003
              • 9465
              #4
              V, the problem right now is that the definition of a "work" is very loose indeed. If a model poses for 20 pictures in a row, are they part of the same work or are they each unique instances?

              If those still images are stills from a video, is that somehow different than 20 images taken with a still camera? Afterall, the video would be the underlying work, and therefore the images woudl be subject to 2257 if the model gets naked at any point.

              It isn't clear. The only way for a US based webmaster or company to be safe is to require documents for all images that appear on an adult site, IMHO.

              Good luck.

                Comment

                • xxxdesign-net
                  My hips don't lie
                  • Nov 2002
                  • 10129
                  #5
                  so 2257 isnt just for hardcore anymore.. ?

                    Comment

                    • Dollarmansteve
                      Confirmed User
                      • May 2005
                      • 2849
                      #6
                      I was talking at length with someone about 2257 yesterday. I think until there is legal precedent everything is just speculation.

                      The law is not explicit and we dont know how the authorities will apply the law in court. Until there are some actual cases involving 2257, everything is up in the air.
                      I died.

                        Comment

                        • spacedog
                          Yes that IS me. Bitch.
                          • Nov 2001
                          • 14149
                          #7
                          Originally posted by Dollarmansteve
                          I was talking at length with someone about 2257 yesterday. I think until there is legal precedent everything is just speculation.

                          The law is not explicit and we dont know how the authorities will apply the law in court. Until there are some actual cases involving 2257, everything is up in the air.
                          Problem with that is that nobody want's to become the victim of a case that would set the precedent.

                            Comment

                            • Ace_luffy
                              www.creationcrew.com
                              • Feb 2005
                              • 12169
                              #8
                              thanks for the info...


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                                Comment

                                • chadknowslaw
                                  Confirmed User
                                  • Aug 2004
                                  • 343
                                  #9
                                  I do not believe that 2257 is triggered by a non-nude photo even if it DID come from a gallery that had nude photos.


                                  However -- I do believe that if an image is cropped from a sexually explicit image, and the new image is not sexually explicit, that 2257 still applies.


                                  Oh yeah, I really AM a lawyer~
                                  ChadKnowsLaw

                                    Comment

                                    • spasmo
                                      Confirmed User
                                      • Dec 2005
                                      • 2678
                                      #10
                                      Originally posted by chadknowslaw
                                      I do not believe that 2257 is triggered by a non-nude photo even if it DID come from a gallery that had nude photos.


                                      However -- I do believe that if an image is cropped from a sexually explicit image, and the new image is not sexually explicit, that 2257 still applies.


                                      Oh yeah, I really AM a lawyer~
                                      You just saved me a $350 call to Jeffrey Douglas. Thank you!

                                      Please don't bill me.

                                      Surfers: Go here for hot babes.

                                        Comment

                                        • enriquem21
                                          Registered User
                                          • Nov 2006
                                          • 32
                                          #11
                                          just a question, in case someone do a capture of a nude video, but the crop isn't really nude, it's illegal?, what will happened?

                                            Comment

                                            • V_RocKs
                                              Damn Right I Kiss Ass!
                                              • Nov 2003
                                              • 32451
                                              #12
                                              Nonnude crop of a nude work is 2257 data in need

                                                Comment

                                                • JP-pornshooter
                                                  Confirmed User
                                                  • Sep 2006
                                                  • 4007
                                                  #13
                                                  Originally posted by chadknowslaw
                                                  I do not believe that 2257 is triggered by a non-nude photo even if it DID come from a gallery that had nude photos.


                                                  However -- I do believe that if an image is cropped from a sexually explicit image, and the new image is not sexually explicit, that 2257 still applies.


                                                  Oh yeah, I really AM a lawyer~
                                                  what kind of law do you practice?
                                                  "Obscenity is whatever gives the Judge an erection." -- Author Unknown

                                                    Comment

                                                    • D
                                                      Confirmed User
                                                      • Jan 2006
                                                      • 7412
                                                      #14
                                                      Originally posted by xxxdesign-net
                                                      so 2257 isnt just for hardcore anymore.. ?
                                                      Was it ever for "just hardcore"?

                                                      I don't think so.

                                                      Nude model = 2257 docs needed.
                                                      -D.
                                                      ICQ: 202-96-31

                                                        Comment

                                                        • crockett
                                                          in a van by the river
                                                          • May 2003
                                                          • 76818
                                                          #15
                                                          Originally posted by spacedog
                                                          They say we need 2257 for using a NN thumb if the original image is from a set containing nude.
                                                          What gets me is how do they decide what a "set" is?

                                                          Say a sponsor has some non nude content up and you only use the NN content.. but at the same time they also have a nude set from the same photo shoot.

                                                          The whole law makes no sense at all.
                                                          In November, you can vote for America's next president or its first dictator.

                                                            Comment

                                                            • NTSS
                                                              Confirmed User
                                                              • Mar 2005
                                                              • 5688
                                                              #16
                                                              Originally posted by BoyAlley
                                                              I asked a couple of attorneys this very question, here's what i was told:

                                                              http://www.gofuckyourself.com/showthread.php?t=722569
                                                              I thought this was common knowledge? I couldn't see how an unaltered non-nude pic would be subject to 2257..
                                                              ICQ: 150-803-430
                                                              Email: marketing7(at)cox(dot)net

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