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Originally Posted by TTiger
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Doesn't mean a thing. If the TGP operator publishes a thumb from your gallery that meets the criteria for 2257 as being "actual sexually explicit", then that TGP operator has to have the appropriate documentation under 2257.
Remember - the TGP owner is not publishing your gallery - the statement on the gallery is your business. The TGP owner is publishing a single image from your gallery, and that image is either subject to 2257, or it is not.
In 99.99% of the cases, that means that YOU would need to provide that TGP operator with the documentation for the models in that image. Otherwise, they won't list your gallery. Or, they will crop the thumb and make it NOT meet the criteria for 2257.
BTW - a cropped image is a new work, and it doesn't matter if the original image is hardcore as hell. The image you are publishing is all that matters. The only reference to modifying images is if you pixelate or cover the nasty bits or otherwise censor the image.
I don't know of ANY tgp owners that are going to accept 2257 docs from gallery submitters. Of course, I haven't asked them all
Either provide a thumb that clearly does not fall under 2257 or get prepared to be blacklisted 99.99% of the time (or at least have your galleries rejected).
Here's the criteria:
The current 2257 regulations define ?acutal sexually explicit conduct? as:
(h) As used in this section -
(1) the term ??actual sexually explicit conduct'? means actual
but not simulated conduct as defined in subparagraphs (A) through
(D) of paragraph (2) of section 2256 of this title;
The revised 2257 regs do not change this definition. This definition is below:
(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
the "or" at the end of "D" refers to:
(E) lascivious exhibition of the genitals or pubic area of
any person;
which is NOT PART of the definition of "actual sexually explicit conduct" under 2257.
You can read the entire 2257 here:
http://straylight.law.cornell.edu/us...7----000-.html
The 2256 is here:
http://www.washingtonwatchdog.org/do...0/sec2256.html
and the changes published in the federal register are here:
http://www.fight2257.com/new-2257-regs/