2257 - Do I Need it or Not?
I’m going to start this post by saying - I’m not a lawyer. I didn’t run this post by a lawyer, and this is not legal advice.
And now - let the post begin.
2257 - I never thought much of those numbers until I started researching the details of adult sites in preparation for starting www.cosplaydream.com. We didn’t want to burden our models with a lot of unnecessary paperwork, but we did want to do the right thing.
2257 - The Law - Attempt at Dissection
I sat down and tried to read the regulation. It’s actually not that bad, once you get into the flow.
Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which—
(1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and
(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
And then then it goes on to specify what kinds of records you need to keep for every performer and every visual depiction. They are pretty specific, but somehow still vague in the specificity. I got a service to handle this for us (fwiw). Ok, back to the post.
The regulation clarifies “producer” to mean (there we are in iii):
(i) actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being;
(ii) digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or
(iii) inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, [1] of a computer site or service that contains a visual depiction of, sexually explicit conduct; and
And here’s who it doesn’t apply to:
(B) does not include activities that are limited to—
(i) photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication;
(iii) any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers;
(iv) the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 (47 U.S.C. 231)); or
(v) the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230 (c)) shall not constitute such selection or alteration of the content of the communication;
But take a close look who needs to keep these records and who doesn’t:
If you are basically doing anything to create, manufacture or publish a book or film full of images that someone else took (and they supposedly have the records), the law applies to you (A)(ii).
But, if you’re in distribution - the regulation does not apply (B)(ii).
(A)(ii) says the law applies if you are: digitizing an image, of a visual depiction of sexually explicit conduct,
But then in (B)(i) we learn that it… does not include activities that are limited to—(i) photo or film processing, including digitization of previously existing visual depictions,
I think the reason they are saying that in 2a & 2b is that the law only applies to content created after a certain date - so if the content was pre-existing, and all you’re doing is digitizing it, it is sort of like processing film. I get it, but still, I had to think about it a while. I think the reason distributors got off easy is that distributors must have lobbyists.
Ok - so what is “sexually explicit conduct” as defined in (1)? Well - they were kind of enough to define that for us as well.
(A) Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated—
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the genitals or pubic area of any person;
So the way I read that - if our lovely naked cosplay models are just naked and not showing the goods in a lascivious manner - no 2257 paperwork is required. Lascivious. Giggles. However, if they are touching themselves or each other - we’re going to need paperwork.
See our site at http://www.cosplaydream.com