Here is a few highlights:
First off, third part custodian of record keepers are now SPECIFICALLY BANNED. You can not longer use a third party to store your materials, they must be at your place of business and your place of business MUST BE DEFINED BE REAL ADDRESS.
Second, as it appears they define model release by photoshoot or video taping (allowing one model release per session) it would appear that all of the images produced during that session are legally locked together. Thus, a softcore head and shoulder shot in a series of hardcore fucking images could be construed as a hardcore image as it is part of a single 2257 document. It is not clear that the head and shoulder shot could be used on a thumbtgp, example, and linked to hardcore material without there being an issue.
On the question of what is sexuallty explicit, the law has been there for a long time:
Quote:
2256. Definitions for chapter
Release date: 2004-08-06
For the purposes of this chapter, the term?
(1) ?minor? means any person under the age of eighteen years;
(2) ?sexually explicit conduct? means actual or simulated?
(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person;
|
Thus, any spreads, or even shots that show the genital area could be considered sexually explicit.
If you operate a thumbtgp, I would suggest you start looking for an alternative starting June 23rd, 2005.
Alex