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-   -   2257 and user submitted content? (https://gfy.com/showthread.php?t=1120947)

lazyj 09-12-2013 06:50 AM

2257 and user submitted content?
 
tl;dr: Do I need to keep records of porn submitted by users of my site?

I'm very new to the industry and I wondered about this as it may apply to my site that I'm building.

Does the requirement to keep records as per 18 US 2257 apply to the webmaster of a site that allows user submitted photos and videos?

Some sites that come to mind are sites like reddit.com/r/gonewild where you are supposed to be submitting YOUR pics, but it's well known that many people submit fake photos. Or the subreddit reddit.com/r/nsfw where people usually post pro level of porn content.

I tried googling and interpreting what I found on wiki and other sites, but I can't cut through the legal jargon.

Thanks for your time.

KyleC 09-12-2013 10:30 AM

Hmmm. If you are making money from images of people and their naked bodies, you need to have proof that person is 18 years or older.
Even when you get content from other webmasters and programs, you will still have a link to their 2257 section.

I'm guessing you are running a tube though and I have no fucking clue about those except they fucked up the system and made it tough for the small companies.

Hushman 09-12-2013 06:58 PM

Sites like Reddit don't actually host photos, they cleverly only provide links to sites that do. All photos/videos available through Reddit are hosted elsewhere, like imgur.com, so Reddit does not have any legal issues with section 2257.

Sites which do host user-submitted content rely entirely on the submitters themselves possessing and maintaining the 2257 documentation for the entire time the content is provided. This is, or should be, laid out clearly in their terms and conditions of the hosting site, which are agreed to by the submitter during the signup process.

If these hosts are ever legally required to produce the 2257 docs (usually by court order), they just refer the matter over to the submitter. It's then the submitter's responsibility to provide the 2257 docs.

The risk is therefore massive for sites like imgur.com because they accept submissions without registration, so legally THEY are the end of the chain and must provide 2257 docs when required, which of course they can not.

2257 only applies to content hosted in the US.

Good luck with your endeavours lazyj!

lazyj 09-12-2013 09:42 PM

Quote:

Originally Posted by Hushman (Post 19797679)
Sites like Reddit don't actually host photos, they cleverly only provide links to sites that do. All photos/videos available through Reddit are hosted elsewhere, like imgur.com, so Reddit does not have any legal issues with section 2257.

Sites which do host user-submitted content rely entirely on the submitters themselves possessing and maintaining the 2257 documentation for the entire time the content is provided. This is, or should be, laid out clearly in their terms and conditions of the hosting site, which are agreed to by the submitter during the signup process.

If these hosts are ever legally required to produce the 2257 docs (usually by court order), they just refer the matter over to the submitter. It's then the submitter's responsibility to provide the 2257 docs.

The risk is therefore massive for sites like imgur.com because they accept submissions without registration, so legally THEY are the end of the chain and must provide 2257 docs when required, which of course they can not.

2257 only applies to content hosted in the US.

Good luck with your endeavours lazyj!

I'm aware reddit submissions are usually hosted on imgur. If I recall correctly, imgur is US based. So if they ever pissed the wrong people off and someone requested 2257s, they just shut down? Pay massive fines?

I'm considering allowing people to upload their photos/vids to my site. My site is a free site in which I'd be monetizing with ads or affiliate links. It doesn't seem like I should be required to have a 2257 for anyone who wanted to upload a video of themselves shaking their tits, but maybe I'm wrong.

Other sites that come in mind are adultfriendfinder (allows nude photo uploads) or fetlife (I know they are outside the US but they state they are 2257 compliant anyway - how?)

lazyj 09-12-2013 09:44 PM

Quote:

Originally Posted by KyleC (Post 19797078)
Hmmm. If you are making money from images of people and their naked bodies, you need to have proof that person is 18 years or older.
Even when you get content from other webmasters and programs, you will still have a link to their 2257 section.

I'm guessing you are running a tube though and I have no fucking clue about those except they fucked up the system and made it tough for the small companies.

Not setting up a tube site. I'm creating a niche blog. I will have some purchased content but I also want to let users upload vids/pics so other users can see and comment on them. I don't plan to charge, but I will have some ads/affiliate links.


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