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| Legacy Archived Main Board Business chat and general industry chat. All participation is welcome. Dont post your fucking spam here. |

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#1 |
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Members
Join Date: Oct 2003
Location: Ft. Lauderdale, FL, USA
Posts: 654
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I guess there could be a good discussion on the definition of what "art" is or nude art and the application or exemption of 2257.
That might be interesting, but what I really want to know, especially hearing from an attorney, is your opinion on whether the Met Art site is exempt or not. Their attorney says they are exempt, but they also state that they keep records and list a partial address, leaving out the street and number. There's a big long "credentials statement" from their attorney basically implying that he is a big shot that knows what he is talking about so don't question his opinion on the application of 2257 to the site. You can see it here: http://www.met-art.com/disclaimer2.htm Actually, I have 2 questions: 1. Is Met Art exempt? 2. What advice would you give in this area to a new site, smaller business, not yet established that has very similar content to Met Art.
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I am available for Consulting, Design, Traffic, Marketing and SEO for adult and mainstream. Contact: kevin@kevingodbee.com ICQ: 271-024-660 Web 3.0 Internet Consulting |
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#2 |
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FFN PERSONAL TRAINER
$100 for every ImLive sign-up
Join Date: Dec 2002
Location: N. Miami
Posts: 4,622
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are you getting nude again?
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#3 |
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Members
$100 for every ImLive sign-up
Join Date: Oct 2002
Posts: 4,036
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I am not a lawyer, take my comments with a grain of salt.
If you want to publish anything, you need a model release. That model release, amongst other things, if your contract for the models work, payment in kind for rights granted. You pay the model $200 for a shoot, and she grants you the unlimited and exclusive rights and resale rights to the content that you produce. By the very nature of contract law, the model could not enter into the contract if she was under the age of 18, as it would require her parents or guardian to sign for her. Hence, all your models are of legal age. How do you know this? Because you checked their IDs, right? You took copies of their IDs for your records because regardless of section 2257, it is also illegal to produce CP as per 2252. So you want to cover your ass in case, right? So by definition, you have all the documents to support 2257 right in your hands. Any site (and I mean any site) that uses the "art" defense is in effect confirming that either (a) they do not have appropriate model releases, or (b) some the models are underage. With model IDs and model releases on hand, you can essentially be compliant without having to worry about "art", unless you have something to hide. Further, and just as important in the end, is how and where you would promote an "art only" site. If it is art, you obviously wouldn't want links from porn sites, or adult material, but rather you would look to trade links maybe with art galleries, photo blogs, photographer forums. If you intent is to market the site via adult sites, you pretty much need to just wake up and admit your shit is nude models and work with it. Also, if any of the material on a site is "porn" (sexual material as defined in 2256) then you pretty much need to cover your ass on every other piece of material on the site. Putting a naked 16 year old in the middle of a site packed with nude adult models showing the pink would certainly put you in a shitty position. I wait for the lawyers to express an opinion, remember, I am not a lawyer!
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#4 |
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Tossing Chairs and Blacking Out.
Join Date: Sep 2007
Location: Tampa, FLA
Posts: 340
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Good post RawAlex and very well put. Why would anyone NOT want to have the right docs!? Adult or mainstream webisode?
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#5 |
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Fat Fucking Nobody
Want to see your own Advertising Here!
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Big Haps coming to Oprano regarding legal issues.
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We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale
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#6 |
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FFN PERSONAL TRAINER
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Join Date: Dec 2002
Location: N. Miami
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dont we always?
![]() j/k |
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#7 |
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Members
$100 for every ImLive sign-up
Join Date: Oct 2002
Posts: 4,036
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Some people take my comments with the Dead Sea...
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Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds |
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#8 |
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Master of My Domains
Join Date: Apr 2003
Location: Florida
Posts: 1,701
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Alex makes a good point, but as far as 2257 goes, no, Metart is not exempt. Although they may not have hardcore sex images, many of their images are clearly explicit as defined by the law. "Lascivious displays of the genitals" clearly covers much of their content where you can see the model's vagina. A good lawyer could even make a case that a chick with panties on but showing cameltoe would be a sexually explicit display of the genitals.
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Porn Site Pros - Custom Website Design, Turnkey Webcam and Pay Sites, SEO, and Consulting |
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#9 |
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Fat Fucking Nobody
Want to see your own Advertising Here!
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Im not a lawyer but heres my thoughts.
Every shoot Ive done you get a release a copy of the idea regardless of the level of content. When I shot for Homegrown they also had the model read a statement before each video.
__________________
We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale
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#10 |
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Members
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Join Date: Oct 2002
Posts: 4,036
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I remember one guy I lent a hotel room to at a show to shoot in had the girl read a little bit of the model release, hold the cash up for the camera, say she had fun, that she had a good time, that she knew everything that was going to happen and she had agreed to all of it, today's front page of the newspaper, etc. It's pretty hard for a girl to get model's remorse and then have to answer for that in court.
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Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds |
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#11 | |
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Approving Gay AVS Sites
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Quote:
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BLOG IT!How Will You Spend Your 2009 EU Profits? European Direct Debit Billing - Your Only Risk Is More Revenue! |
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#12 |
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Members
Join Date: Oct 2003
Location: Ft. Lauderdale, FL, USA
Posts: 654
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Thanks for the responses guys.
I already knew the answer, but needed to get other unbiased opinions to show to a client that was believing what Met Art said.
__________________
I am available for Consulting, Design, Traffic, Marketing and SEO for adult and mainstream. Contact: kevin@kevingodbee.com ICQ: 271-024-660 Web 3.0 Internet Consulting |
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#13 |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Without actually reviewing the site, I cannot really state whether they are exempt or not. But I know Jeffrey Douglas and I know he is a well versed and well prepared attorney.
I would not expect him to lend his name to such a public statement unless he was sure (as much as a lawyer could be) that the site was exempt. That's really sticking your proverbial neck out for a client. I dont think Jeff would do that without the facts backing him up. Michael http://www.adultbizlaw.com |
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#14 |
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Members
Join Date: Dec 2003
Posts: 497
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This is why I stick to toons. Nobody cards a toon nor needs documents to prove it's age.
No labor forms or problems either although they do take out that occasional ACME product that backfires now and then. |
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#15 | |
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Members
$100 for every ImLive sign-up
Join Date: Oct 2002
Posts: 4,036
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Quote:
Further, that notice has been on that site for quite a long time, and since then there has been changes in the definitions for 2257 requirements, rulings regarding certain clothed video still being porn, etc. Times change. One lawyer consultation 7 or 8 years ago doesn't make you safe.
__________________
Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds |
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#16 | |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Quote:
If they inspected those companies at the rate that Agent Joyner discussed, 2 per week, it would take 26 years to complete just those 1200. I would imagine that if any further inspections will be made they wont be soft core sites. Michael http://www.adultbizlaw.com |
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#17 | |
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Filling Bishop's Pond
Respin bullshit press Your Comments Are Welcomed
Join Date: Feb 2006
Posts: 2,942
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Quote:
![]() ...Regardless, I see your based out of Cali. Are your law services only Internet based related? Or can you offer legal representation, and/or legal council per individual U.S States or County enforced laws??? |
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#18 | |
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Members
$100 for every ImLive sign-up
Join Date: Oct 2002
Posts: 4,036
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Quote:
IMHO, the site panders to people looking for underage models. They may not have any underaged girls on their site, but their sales pitch is pure pander. As such, I would think they would be a very, very good target for a records inspection.
__________________
Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds |
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#19 |
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Fat Fucking Nobody
Want to see your own Advertising Here!
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Im not paying him to post. Thats Just Blows Men that does that.
__________________
We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale
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#20 |
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Filling Bishop's Pond
Respin bullshit press Your Comments Are Welcomed
Join Date: Feb 2006
Posts: 2,942
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Really now?
Your reply seems as if your offended by my above comment Mr.GonZo? If anything, I would have found it to be a generosity form, of a famous board owner to offer such a service to it's membered and public viewing webmasters. "Even more appreciated if the board owner was pocketing the bill for such services." And I thought of it has a good idea "apart from a really good marketing strategy" for a legal form of representation to offer a few free legal advise & opinions to webmasters & others on a board like this. But instead you seem offended with my suggestion? Hmm? ![]() You guys really need to get out of this one track monkey see & do concepts. ![]() Rcourt64 |
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#21 | ||
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Quote:
Quote:
Michael http://www.adultbizlaw.com |
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#22 | |
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Members
$100 for every ImLive sign-up
Join Date: Oct 2002
Posts: 4,036
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Quote:
Also, hardcore porn is boring, and doesn't make the media get all giddy. "Site shut down for distributing legal hardcore porn" is a boring headline. "Most popular child porn art site shut down in massive sweep" is a much more positive thing. You should know, not everything is done just to satisfy the laws, but also to satisfy the intents and desires of those who have power.
__________________
Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds |
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#23 | |
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Filling Bishop's Pond
Respin bullshit press Your Comments Are Welcomed
Join Date: Feb 2006
Posts: 2,942
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Quote:
Legalities are a main artery in the Adult Industry. Thanks for taking the time & comments your offering here at Oprano
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#24 | |
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Fat Fucking Nobody
Want to see your own Advertising Here!
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Quote:
__________________
We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale
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#25 | |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Quote:
Without revealing too much, I talked with Agent Joyner directly and tube sites are on their list. Further, I suspect we wont be seeing inspections resume anytime soon. 2257 enforcement is going to change in light of the 6th Circuit. I really cant go into specifics though. There are things going on in the background that I cant discuss in an open forum. Michael http://www.adultbizlaw.com |
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#26 |
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Members
$100 for every ImLive sign-up
Join Date: Oct 2002
Posts: 4,036
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Having suffered the loss in the 6th circuit, it is very unlikely that any agency would want to base any inspections on the law. There is great potential that anyone inspected and not found in compliance for whatever reason could challenge the law in their circuit, using the 6th circuit as a basis for their arguments. DoJ isn't looking for more losses.
I wouldn't be shocked to see the FBI "raid" someone based on 2252.
__________________
Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds |
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#27 |
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Filling Bishop's Pond
Respin bullshit press Your Comments Are Welcomed
Join Date: Feb 2006
Posts: 2,942
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From where I stand? IT'S ART!
As a U.S legal standpoint? it's also "Art" or "Entertainment".... ...until any sort of physical contact or penetration becomes visible. ![]() Is this correct, Pornlaw? |
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#28 | |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Quote:
Michael http://www.adultbizlaw.com |
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#29 | |
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Members
Join Date: Oct 2003
Location: Ft. Lauderdale, FL, USA
Posts: 654
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Quote:
2. What advice would you give in this area to a new site, smaller business, not yet established that has very similar content to Met Art? The reason I asked that is because while I do not believe they are exempt, I believe they have the resources to put up a good fight if they need to. Like you said Michael, "Jeff is a strong attorney". That's one resource. They most likely have some decent financial resources as well. Look at my question #2 again and think about a new operator in this business that has more limited resources and they are producing and publishing the same type of content. I would advise them to comply with 2257. Also, think of the saying, it's not what you know, it's who you know. Jeff might have some good connections in the legal system. I saw a clip on the news last night of a school principle that got pulled over for drunk driving. He was 3 times over the legal limit for blood alcohol. The officer drove him home and he wasn't charged. The school principle is friends with the Chief of Police and he called him from his cell as he was being pulled over. Based on that, I still do not think it is good advice to tell someone in that town that they can get away with drunk driving. (I forget where it was.)
__________________
I am available for Consulting, Design, Traffic, Marketing and SEO for adult and mainstream. Contact: kevin@kevingodbee.com ICQ: 271-024-660 Web 3.0 Internet Consulting |
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#30 | |
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Members
$100 for every ImLive sign-up
Join Date: Oct 2002
Posts: 4,036
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Quote:
__________________
Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds |
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#31 | |
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Future BROmaster
Join Date: Dec 2007
Posts: 266
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Quote:
As for what advice I would give, my black letter law advice would be to comply. If you have full nudity have the statement up and keep the records. But there are certainly gray areas to 2257 and the Adam Walsh Act. What most people in the biz don't realize is that as the law currently sits almost everyone is in violation. Most dont even realize it. Every client has their own comfort zone in regards to risk. Perhaps Met-Art is willing to push the limits. Each client has to be told the black letter law but also given options as well based upon their level of risk adversion. I suspect there's a reason to the statement. Again, I will ask Jeff on Wednesday. Michael http://www.adultbizlaw.com |
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