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2257 law
Old 12-22-2008, 01:27 PM   #1 (permalink)
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How will it affect images posted on various sites, including GG?

I have tried to wade through the law and am completely confused, which is nothing new when reading any document written in legalese.
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Re: 2257 law
Old 12-22-2008, 02:06 PM   #2 (permalink)
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I link to the law would be fantastic!
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Re: 2257 law
Old 12-22-2008, 02:39 PM   #3 (permalink)
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Ben, I completely agree. I looked at it briefly a few nights ago and I thought my head was going to explode.

Ariston, I have a link and if I can locate it I will post it here on Garage Glamour. Maybe with the combined brain power of the entire membership maybe we can make some sort of sense of this travesty.
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Re: 2257 law
Old 12-22-2008, 02:50 PM   #4 (permalink)
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All:

I know that outside, competing web sites are not supposed to be promoted on Garage Glamour but this is a very important and critical issue so I am posting a like here to a Forum post where a Photographer has taken the time to go through and pull out the useful and pertinent information from the new 2257 law.

From reading this summary it appears to me that it is directed mainly at pornographers but all, especially those of us who photograph in a nude, semi nude, or glamour genre, of us have to be very careful.

I think the person who posted this summary is a member and regular contributor to the Forums here on Garage Glamour. If I am correct and the person who wrote this summary would care to identify himself I am sure we all would greatly appreciate it.

http://www.modelmayhem.com/po.php?thread_id=387761

I would imagine that by now there should also be a lot of useful information about this on either the PPA and/or the ASMP web sites so you may want to look there as well.

Basically, what I get from reading all of this is when in doubt document everything.

Good luck.
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Re: 2257 law
Old 12-22-2008, 03:10 PM   #5 (permalink)
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Quote:
Originally Posted by AristonPhotog View Post
I link to the law would be fantastic!
Here is a link to a PDF version of the new 2257 statute in its entirety. I believe it is 47 pages long.

http://edocket.access.gpo.gov/2008/pdf/E8-29677.pdf

Good luck and I would advise investing in some sort of headache reliever.
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Re: 2257 law
Old 12-22-2008, 03:19 PM   #6 (permalink)
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Quote:
Originally Posted by PhotoDave1 View Post
Here is a link to a PDF version of the new 2257 statute in its entirety. I believe it is 47 pages long.

http://edocket.access.gpo.gov/2008/pdf/E8-29677.pdf

Good luck and I would advise investing in some sort of headache reliever.

Here is another link that might be easier to read. The actual part that covers record keeping is 18 USC Sec. 2257 , so just look for that or use the "find" option on your browser.

http://uscode.house.gov/download/pls/18C110.txt

It is NOT the law I am quesitoning, in fact I believe that is very sound and has been in effect for years, it is the record keeping part that is difficult to understand.

How will this affect various sites where nudes are posted, and individual photographers, who photograph nudes?
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Re: 2257 law
Old 12-22-2008, 03:49 PM   #7 (permalink)
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Ben, from what I understand (and I do very few nude or glamour nude shoots and no porn style photography of any kind) the key elements is that the photograph(s) have to be done in such a way that a persons genitals (and in the case of a female model I don't think breasts are counted as genitals) have to be exposed in such a way that a sexual reaction is evoked. I think also, if I read correctly, the genitals have to be a central and key part of the photo.

The problem I have is how do you determine who is going to react sexually in order for it to be considered a violation? You could for example have a Gynocologyst look at a set of photo(s) and nothing happen, just another day at the office. You could have a person who hasn't had sex in months look at the photo(s) and get a sexual reaction so what yardstick do you use?

This will all get sorted out eventually but my fear is that there are going to be some unsuspecting or naive photographers get caught up in this and wind up paying a serious price for a poorly written and documented law.
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Re: 2257 law
Old 12-22-2008, 04:37 PM   #8 (permalink)
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Quote:
Originally Posted by PhotoDave1 View Post
Ben, from what I understand (and I do very few nude or glamour nude shoots and no porn style photography of any kind) the key elements is that the photograph(s) have to be done in such a way that a persons genitals (and in the case of a female model I don't think breasts are counted as genitals) have to be exposed in such a way that a sexual reaction is evoked. I think also, if I read correctly, the genitals have to be a central and key part of the photo.

The problem I have is how do you determine who is going to react sexually in order for it to be considered a violation? You could for example have a Gynocologyst look at a set of photo(s) and nothing happen, just another day at the office. You could have a person who hasn't had sex in months look at the photo(s) and get a sexual reaction so what yardstick do you use?

This will all get sorted out eventually but my fear is that there are going to be some unsuspecting or naive photographers get caught up in this and wind up paying a serious price for a poorly written and documented law.

An interesting comparison.. about the OB/GYN and the (shall I say) “celibate person“, but actually it could be just a personal viewpoint of what is explicit or what is arousing. These views might also vary from one geographical area to another.

I will give another example of what is covered in the recordkeeping law, in my un-lawlerly opinion, while trying to maintain some decorum in how I word this.

If someone posts an image of a couple that even simulates various acts, or of an individual where any "private parts" are visible, and it is perceived that the individual is participating in self satisfaction, those images are subject to the record keeping law. As I understand it, that also means exposed breasts, and other parts of the body do not necessarly have to be visible.

Another would be in the case of a figure study, especially where the face is not seen, but the person is posed in such a way that the pubic area is visible.
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Re: 2257 law
Old 12-22-2008, 09:20 PM   #9 (permalink)
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I can't make sense out of any of that gooblty gooke, but it seems to be directed toward the exploitation of children. So if our models are all over 18 why would it apply to us at all?
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Re: 2257 law
Old 12-22-2008, 09:27 PM   #10 (permalink)
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Quote:
Originally Posted by PhotoDave1 View Post
Ben, from what I understand (and I do very few nude or glamour nude shoots and no porn style photography of any kind) the key elements is that the photograph(s) have to be done in such a way that a persons genitals (and in the case of a female model I don't think breasts are counted as genitals) have to be exposed in such a way that a sexual reaction is evoked. I think also, if I read correctly, the genitals have to be a central and key part of the photo.
you don't understand correctly.

these are 2257-applicable images (after the change effected in January).
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90% of myspace will be 2257-applicable.

this is a bunch more bs that will be voted in under the guise of "protecting the children" and because of it's name (the adam walsh child protection act - or something like that) - no congressman will ever EVAAARRRR vote to repeal it unless there's hyugantic public outrage over it. which there won't be because this country is made of mindless government-programmed sheep.
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