07-18-2004, 05:26 PM
|
|
|
lurker
Industry Role:
Join Date: Aug 2002
Location: atlanta
Posts: 57,021
|
Quote:
Originally posted by FightThisPatent
2257 states that the answers to their queries need to be done in a "reasonable period of time". This phrase has not been used or challenged... If the DOJ is in your office, what is reasonable? 10 minutes? and hour? a few hours?
I would venture to guess that within an hour should be "reasonable." since the records are supposed to be at the business location.
As far as 2257lookup is concerned, the webmaster would have a report in their hand that did the cross indexing of image name back to image set, model ID, and content producer.. so the answer as to who is the model and content producer could be presented within minutes (assuming of course that the image in question was one that a match could be found.)
Once the model has been identified, the next issue would be to present the model ID and model release.
Given a DRM solution that I am proposing, it could be a matter of minutes before the webmaster was issued a license. There would be a web-based interface to do the request so no phone calls would be necessary to track someone down.
So within a few minutes of identifying the image with the model, the webmaster would be able to show model ID info.
I am reviewing this proposed idea with some attorneys.. it's an open question as to whether having blackened out model id and releases is sufficient, or whether it would not be valid enough (ie. blackened out document could be considered as being "tampered").
And also, if having a local copy of the unblackened ID, but encrypted, would constitute possession.
All of this is subjective to many legal interpretations..
What it's going to come down to is the "mom and pop" sites or the newbie webmaster, or the non-2257 compliant webmaster being easy targets.
Those that have no 2257 disclaimers of any kind are easy pickings.
Anyone carrying teen or young looking pics, would be easy targets, especially images that are out in the open (ie. TGP, free sites, tours, etc).
The above types to me, IMO, would be the ones that would be the first targets.
Given history of obscenity proscecutions, the targets haven't been the big names, they have been the "low hanging fruit" that were easy pickings.
The more that webmasters and content producers can demonstrate compliance all the way up to full compliance, the less likely they will be targeted.
-brandon
|
Good points and I agree about the low hanging fruit. Also they arrest one mom pop that will probably scare 100 out of business. |
|
|