Thread: 2257
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Old 02-03-2012, 09:16 AM  
Webattorney
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Quote:
Originally Posted by dave90210 View Post
So user submitted videos and pictures does not warrant 2257 documentation?
It's never quite that simple, and a direct answer to your question calls for legal advice, which lawyers are ethically prohibited from providing on message boards. By way of general information, there are 2257 exemptions that appear to apply to true 'user generated content' and the DOJ has submitted official Comments to the 2257 regulations which suggest social networking sites are not responsible for records keeping related to material uploaded by the site's users, to areas of the site under the user's control. But the devil is always in the details, and the precise way in which you structure your business model, your review process, and your internal operating policies will impact the potential availability of a 2257 exemption. For example, what if you take that user generated content and use it in an promotional banner, or 'feature' certain images on the front page of the site, which were originally posted only to a profile? The stakes are pretty high here, so legal advice is recommended.
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