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How does 2257 apply to user-uploads?

Say you have a tubesite where you allow users to upload vids... How does that fit into the 2257 stipulations?

I believe it doesn't apply to them. But yeah talk to a lawyer.

According to one of the tubesites I looked at their 2257 page it basically said

"Fuck you, we don't need one because we're not putting this shit up."

Quote:

18 USC 2257 Compliance Statement

The owners and operators of RedTube.com ("RedTube") are not involved in the hiring, contracting for, managing, or otherwise arranging for the participation of any performers shown in the visual content appearing on the RedTube.com website ("Website"). RedTube is not the primary producer (as that term is defined in 18 USC § 2257 or 28 C.F.R. § 75.1) of any of the visual content contained in the Website.

RedTube has been informed and believes that the performers, models, and other persons that appear in any visual depiction of actual sexually explicit conduct (as defined in 18 U.S.C. § 2257) appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of depictions in which they appear. All other pictures, graphics, videos or other visual content displayed on this Website are exempt from the provisions of 18 U.S.C. section 2257 and 28 C.F.R. § 75.1 et seq., because they do not consist of content subject to those laws and regulations.

Please direct questions pertaining to content on this website by using our contact form.

http://redtube.com/usc2257

Quote:

Originally Posted by J. Falcon (Post 17037157)

I believe it doesn't apply to them. But yeah talk to a lawyer.

:2 cents::thumbsup:thumbsup:thumbsup:thumbsup

Quote:

Originally Posted by Jon Oso (Post 17037164)

According to one of the tubesites I looked at their 2257 page it basically said

"Fuck you, we don't need one because we're not putting this shit up."

http://redtube.com/usc2257

Interesting...

As I read it the up loader would be the one responsible for supplying it, but we all know that isn?t going to happen.

There is a clause in 2257 which removes basically hosts from the ones being responsible for it. And both DMCA and 2257 use the same definition of what a host is or 2257 references DMCA actually I think, too lazy too lookup 2257, but its in there.

Funny thing is they did/do put them all up.

Useruploads dont exist, didnt you hear it?

If you check or review the movies, you are required by law to report any sexual crime against children. You also become responsible for infringements when noticed and you become a secondary producer the moment you use it in combination with your own advertising.
How many do NOT check the user uploads on adult tube sites? None, I guess.

Quote:

Originally Posted by Dirty Dane (Post 17307840)

How many do NOT check the user uploads on adult tube sites? None, I guess.

yt then will be burned, they can check all, just cant

Obviously it hasnt been tested during an inspection or in court, but there is theory that tube sites and/or social networking sites, where the content is actually user generated and uploaded, are exempt.

I personally think this is meant for mainstream sites that get the occassional porn content uploaded then a porn tube site but it might work for them all the same.