Quote:
Originally Posted by rayadp05
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[I]****You must comply if you ?actually film or videotape? or ?create a digitally/computer image? 2257 content OR
If you ?produce?, ?publish?, ?duplicate? ?reproduce? or ?insert on a computer site? 2257 content
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"Publish" is a specific legal term. It means "to make public to at least one other person by any means ".
It's meaning has been carefully considered many times in libel and slander cases,
where you have to "publish" a false and defamatory statement. The courts have
decided that if you tell something to someone, pass a picture along to them, or
otherwise give any other person a message that meets the definition of "publish".
So you are publishing the content.
Other cases have ruled that it is the web site who duplicates or reproduces content
so that the picture is simultaneously on your server and on the user's screen.
(Mostly copyright cases.) Again the site you quoted says:
Quote:
Originally Posted by rayadp05
I
[I]****You must comply if you ?actually film or videotape? or ?create a digitally/computer image? 2257 content OR
If you ?produce?, ?publish?, ?duplicate? ?reproduce? or ?insert on a computer site? 2257 content
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You are publishing, duplicating, reproducing, and inserting onto your site the content,
so according to that site you must comply.
Quote:
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There has to be a way to do this without being in violation.
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Open up any random magazine at the porn shop and they'll have a "submit your
photos" section. It will include a form and instructions that you MUST include a copy
of your ID, etc., and the form(s) must be signed by both the photographer (copyright)
and model (2257, consent). THAT'S how you do it without being in violation of the act.
It's not convenient, but yes there is a way to be legal, and that's by doing what the
law says you must do.
Note that along with the actual statute, the commission also makes "rules" which
give more specific detail. The statutes change occasionally, the rules change often.
In the last few years there have been about six important rule documents.
For each time the rules are changed, there are proposed rules, the actual rules,
and an official explanation of what they decided regarding industry suggestions
and questions, with explanations of why. These are actually just a few pages,
so they are worth reading if you're going to use user submitted content.
As others have said, the specific wording of the statues and rules, combined with
legal definitions, is one thing. The likely consequences of a specific action is another
matter entirely. One of my first law professors defined "the law" as "a prediction of
how the court will decide an issue". The law as passed by the congress is one thing,
but "the law" is really a prediction of what will happen.
I predict that if you have girls who look like they are pretty young, you might have a
problem. I predict that when a girl finds out that her (ex?)boyfriend posted her pics
without her permission, you might have a little problem. I predict that if your site has
"extreme" content, BDSM and such, you may have a BIG problem. I further predict
that when users post tons of copyright protected content they got all over the web
you'll hear from the lawful owners of that content.
If you keep the content mild and deal effectively with copyright owners and pissed
off exgirlfriends, I predict you'll be fine.