Why you NEED a competent attorney and why you SHOULD NOT listen to your sponsors
I'm not going to name names because the intention of this thread isn't to bash anyone, it's to make a point to EVERY webmaster that they need to cover their own ass.
I recently contacted a sponsor to discuss promoting them. They're an up and coming program with some really nice looking sites, producing their own content, and it seems to be cutting edge stuff that will sell really well.
I make a living buying spots on high traffic TGP's. Now because of the new 2257 regulations AND the changes to 2257 recently made in congress, I need to have 2257 docs on hand for anything I publish on any website I own.
Most of you know this, it's pretty simple.
I told this sponsor I would either need copies of the 2257 docs for the content I used, OR I would need them to host the galleries for me on a domain that they own, so that they would be responsible for the docs, not me.
Some forward thinking sponsors already have automated systems in place to do exactly this, because they know the requirements of the law for U.S. webmasters. (nastydollars and bangbros have automated free gallery hosting, naughty america will give you the docs if you join their gold affiliate program....and the list goes on)
This sponsor called their "legal department" who informed them that I didn't need to have the documents, all I had to do was list them as custodian on my website and I would be covered.
Now anyone who has spoken with a competent first amendment attorney in the last 2 years knows this is absolutely false. That if you publish sexually explicit content to the web you are required to have copies of the documents as a "secondary producer"
However if I hadn't been educated previously by two different attorneys on this subject, I may have taken their word for it, published the content, and set myself up to face 5 years in prison for each offense for not having the documents.
The point is this, COVER YOUR ASS. Retain a knowledgeable attorney and do what he says. Don't count on your sponsors attorney, or what your account rep tells you, they're not going to defend you in court if you get arrested.
I feel bad for all the newbs in this biz who figure sponsors must know what they're talking about and take their word as gospel. You could be in for a very rude awakening down the road. Cover your ass, get an attorney, and do what they say to comply.
Sponsors want your traffic, they don't always have YOUR best interest in mind. Remember that.
</ rant>
I recently contacted a sponsor to discuss promoting them. They're an up and coming program with some really nice looking sites, producing their own content, and it seems to be cutting edge stuff that will sell really well.
I make a living buying spots on high traffic TGP's. Now because of the new 2257 regulations AND the changes to 2257 recently made in congress, I need to have 2257 docs on hand for anything I publish on any website I own.
Most of you know this, it's pretty simple.
I told this sponsor I would either need copies of the 2257 docs for the content I used, OR I would need them to host the galleries for me on a domain that they own, so that they would be responsible for the docs, not me.
Some forward thinking sponsors already have automated systems in place to do exactly this, because they know the requirements of the law for U.S. webmasters. (nastydollars and bangbros have automated free gallery hosting, naughty america will give you the docs if you join their gold affiliate program....and the list goes on)
This sponsor called their "legal department" who informed them that I didn't need to have the documents, all I had to do was list them as custodian on my website and I would be covered.
Now anyone who has spoken with a competent first amendment attorney in the last 2 years knows this is absolutely false. That if you publish sexually explicit content to the web you are required to have copies of the documents as a "secondary producer"
However if I hadn't been educated previously by two different attorneys on this subject, I may have taken their word for it, published the content, and set myself up to face 5 years in prison for each offense for not having the documents.
The point is this, COVER YOUR ASS. Retain a knowledgeable attorney and do what he says. Don't count on your sponsors attorney, or what your account rep tells you, they're not going to defend you in court if you get arrested.
I feel bad for all the newbs in this biz who figure sponsors must know what they're talking about and take their word as gospel. You could be in for a very rude awakening down the road. Cover your ass, get an attorney, and do what they say to comply.
Sponsors want your traffic, they don't always have YOUR best interest in mind. Remember that.
</ rant>
some programs really need to think hard about their current legal backing...
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