05-19-2005, 03:29 PM
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Nice Kitty
Industry Role:
Join Date: Sep 2002
Location: The good old USA!!!
Posts: 21,053
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Quote:
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Originally Posted by Lycanthrope
Your question is like asking what effect the oil disposal regulations have on making napkins.
Here is a hint: "18 USC Section 2257 REGULATES THE CREATION of images of actual, explicit sex that are used or intended to be used in interstate commerce...
are you creating, producing, recreating, reproducing an image? No? Then 2257 doesn't apply... there is nothing for you to be compliant with.
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Quote:
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A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, a computer-generated image, digital image, or picture, or other matter intended for commercial distribution that contains a visual depiction of actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the content of a computer site or service [JDO: No "commercial" purpose included here.] that contains a visual depiction of, actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing.
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Note the word publishes...note the words who enters into a contract, agreement, or conspiracy".
Thus when one is advertising for an Affiliate Program...is one a secondary producer/publisher and is one entering into a contract/agreement to publish the Affilate Program's images/videos...even though said images/videos are only linked to via text links?
In addition as an advertiser is one legally liable if the Affiliate Program that one is advertising for is not fully 2257 compliant? |
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