|
It seems to me that what is in question is who produced the product. The "product" is an image and can only be produced once (I'd like to see a prosecutor argue that a specific, identifiable image can be produced more than once). Even if someone creates a website using the image, the image has already been produced and any use of it after that is not production but REproduction.
Maybe lawyers don't understand English. I think lawyers don't think judges understand English, either. Anyway, when you ask a lawyer a question, you will get the most extreme CYA answer possible.
However, if you really want to CYA, you're in the wrong field if you're in the adult business.
Now, all the examples given in the law, as I recall have one thing in common: they are produced in tangible 3-dimensional formats: photographs, magazines, videotapes, and suchlike.
The words "but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted" would be pretty difficult for a prosecutor to dance around. They seem specific enough to exclude website operators, unless they have a staff photographer or commission work on an exclusive basis.
When selling exclusive material, I always include good copies of the ID/age materials and model release with the product.
__________________
SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.
|