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March 19, 2009: A Day of Infamy (for many photographers)
Old 03-19-2009, 05:04 PM   #1 (permalink)
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BTW, 03-19-09 is here. What's so special about that date, you ask? Well, thanks to the Draconian regulations codified in Title 18, USC, Section 2257--you can thank conservative politicians, the religious right, and others of that ilk for this stuff--each and every one of you who photograph nude models are subject to its rules and record-keeping requirements. Doesn't matter if you're shooting glam, tease, erotic, art nude, or full-on porn. In other words, if that's you, you're all essentially, and according to the U.S. government, pornographers. Oh, and did I mention your models don't need to be nude? They only need to be photographed in ways that suggest or infer sexually-related behavior.


"What???" you say.


Sorry.


That's what y'all are, like it or not.


Don't want to say, "I told ya so," cuz when I predicted this here, a few years back, and on a number of other forums, I was labeled Chicken Little, but... I f*ckin' told ya so.
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Re: March 19, 2009: A Day of Infamy (for many photographers)
Old 03-19-2009, 05:19 PM   #2 (permalink)
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Thanks jimmy for the update. Basically my thoughts are simple, I've been called many names, including that one, so what's new? I know what I am, or is it "I am that I am," found somewhere in that great book. And if anyone asks, I'm a Texan, an American, a photographer, author and writer. As the famous saying goes, "Though I'm not a lawyer, I play one on TV." Or is that doctor? All the best, rg sends!
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Re: March 19, 2009: A Day of Infamy (for many photographers)
Old 03-19-2009, 07:30 PM   #3 (permalink)
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Thanks jimmy for the update. Basically my thoughts are simple, I've been called many names, including that one, so what's new? I know what I am, or is it "I am that I am," found somewhere in that great book. And if anyone asks, I'm a Texan, an American, a photographer, author and writer. As the famous saying goes, "Though I'm not a lawyer, I play one on TV." Or is that doctor? All the best, rg sends!

I thought that was Tigger that said I am what I am!!!!
all this time it was RG!!!!
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Re: March 19, 2009: A Day of Infamy (for many photographers)
Old 03-21-2009, 11:45 PM   #4 (permalink)
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Re: March 19, 2009: A Day of Infamy (for many photographers)
Old 03-21-2009, 11:55 PM   #5 (permalink)
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So much for the hobbyist!!!
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Re: March 19, 2009: A Day of Infamy (for many photographers)
Old 03-23-2009, 10:24 PM   #6 (permalink)
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Quote:
Originally Posted by jimmyd View Post
BTW, 03-19-09 is here. What's so special about that date, you ask? Well, thanks to the Draconian regulations codified in Title 18, USC, Section 2257--you can thank conservative politicians, the religious right, and others of that ilk for this stuff--each and every one of you who photograph nude models are subject to its rules and record-keeping requirements. Doesn't matter if you're shooting glam, tease, erotic, art nude, or full-on porn. In other words, if that's you, you're all essentially, and according to the U.S. government, pornographers. Oh, and did I mention your models don't need to be nude? They only need to be photographed in ways that suggest or infer sexually-related behavior.


"What???" you say.


Sorry.


That's what y'all are, like it or not.


Don't want to say, "I told ya so," cuz when I predicted this here, a few years back, and on a number of other forums, I was labeled Chicken Little, but... I f*ckin' told ya so.
Jimmy, I swear this is asking for one of our political or religous debates of old, but..... let's not, I think we are past that, as tempting as it may be, NEXT!!! But, to cover my rear end, I have consulted with 3 attorney's on this very issue already, and gotten the information that I need to cover my butt, and Jimmy, I KNOW you have had yours covered for many moons, and really, what has really changed? Oohhhhhhhh, we need a photocopy of their id now. Ok, not a biggie. Being called a porographer, I've been called worse, and like RG said, I am what I am. Take care my good man, and let's have a cold one for, um, well, we're thirsty? Ok, you come up with a reason, lol.
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Re: March 19, 2009: A Day of Infamy (for many photographers)
Old 03-23-2009, 10:52 PM   #7 (permalink)
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Originally Posted by isaiahbrink View Post
I have consulted with 3 attorney's on this very issue already, and gotten the information that I need to cover my butt, and Jimmy, I KNOW you have had yours covered for many moons, and really, what has really changed?
Don't know what the attorneys advised you and I'm sure they gave you good advice, but here's what people need to do to CYA themselves:

If you post images that fall under 2257 on a website, or you make them commercially available, or publish them elsewhere, there needs to be a notice on the website (or other media) stating who the custodian of records is--most likely you, the photographer, as you're the primary producer--and where the records are kept.


In a nutshell, you need to keep the following info and make it available for no-notice inspections. Remember, this is in addition to any model release you might have the model sign. BTW, if the images are captured in a work-for-hire situation, you (the photographer) are probably not the primary producer and the 2257 compliance is the responsibility of whoever hired you.


* Legible copy, e.g.,photo of model holding IDs up to her face, photo of IDs by themselves, copy machine copies, of model's identification: A drivers license, passport, or other government issued ID. (Better to have model provide two forms of ID)
* Model's name, address, DOB
* All model's aliases that he/she reveals
* Copy of each image that is pressed under 2257's thumb.
* Record of any and all websites, publications, etc where the images are published.
* All above info cross-referenced or indexed in almost every and any way you can think to cross-reference it.


Here's a great book that covers everything you want to know about 2257 (as it applies to photographers) but were afraid to ask.


A Photographers Guide to Section 2257
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Re: March 19, 2009: A Day of Infamy (for many photographers)
Old 03-24-2009, 05:33 AM   #8 (permalink)
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All very solid advice Jimmy coming from a seasoned vet in that very arena. The book that you posted a link for may be a good investment, especially at the price, not that expensive at all. But I do have to admit that these new laws are a hassle and a pain in the you know where.
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Re: March 19, 2009: A Day of Infamy (for many photographers)
Old 03-24-2009, 12:36 PM   #9 (permalink)
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So is there any way of knowing what is safe to shoot? If nudity is not a guideline what the hell is? I neither shoot nor publish nudity on my website but there are lingerie and "artistic nudes" (like maybe Maxim style). Is there anywhere to find out at what point these images become pornographic in nature?

Cliff
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Old 03-24-2009, 02:34 PM
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Re: March 19, 2009: A Day of Infamy (for many photographers)
Old 03-24-2009, 02:36 PM   #10 (permalink)
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So is there any way of knowing what is safe to shoot? If nudity is not a guideline what the hell is? I neither shoot nor publish nudity on my website but there are lingerie and "artistic nudes" (like maybe Maxim style). Is there anywhere to find out at what point these images become pornographic in nature?

Cliff
They don't have to be pornographic in nature. They just have to be intended to excite or provoke the viewer, and since you have no way of knowing what the judge sitting for your trial is into, how can you know what image will excite him or her? It is best to CYA for any image you produce. Even if it is a 90 year old Eskimo covered head to toe in a fur parka. Who knows, somebody may have a fur parka fetish, or be into Eskimos!
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