can Content be Reliquished urely outta SPITE?P
 

Hey everyone

I've just found myself in a sticky situation, after a recent breakup (last night) my one eyed monster has refused to allow me to use our previously shot images on my website purely because I broke up with him?

Pathetic I know-
But can he legally do that? :1orglaugh


I've found this post under the FSC, an outline of 2257 Regarding the use of images on adult social sites and such:

As noted briefly above, the Justice Department now recognizes that some images are produced in truly private settings (e.g. a married couple may tape themhaselves having sex), and it now concedes that no 2257 requirements will apply to those situations. But it has given no indication of just how far this concession goes. What if an image is not produced for sale or trade but contemplating free Internet distribution, as where a social network user decides, just for fun or to show off, to display ?everything? to those on the site? What if an image is not produced for sale or trade per se but for exchange as part of a swingers? club, where the point is not to accumulate images but to arrange for sexual contact? Numerous questions like this remain to be sorted out. But there is now a basis for recognizing that the production of some images is just too far removed from commerce to be burdened by Section 2257 at all.

He did not sign 2257 Docs, so I understand that I CAN NOT SELL IT- but on social areas of my soon to open site, which would fall under the terms and regulations of an 'adult network' I think I can still use them with out the docs- no?

Consent was given at the time of the shoot and transmittion of all media, but no he seems to think he take away consent purely outta SPITE?

I know adult networking sites are kinda a gray area with 2257, but what about consent to use the images- is that a life long verbal agreement or can he change his mind?

I'm really only worried about one pic, my favorite, that I want to be able to use as I like, but what are MY RIGHTS to this image?

:helpme

Thnx
Pam

I don't have docs, what I have is a verbal agreement to use them publically at my descretion.

So I'm not making money off them 'per say' more using them as a media tool on websites to stimulate others to follow my site and on my own sites social networking area as well.

All Free public viewing, so from what I understand, that means it DOES NOT fall under 2257- right?

you do realize your canadian (assuming your location is correct)

and 2257 is an american law.

Doesn't matter if you are making money or not. People often think that is what defines the violation of the rules but in reality, that fact is irrellevant.

What matters is, do you have consent? And can you PROVE he is over 18 at the time those images were taken?

If you don't have a model release and proper 2257 documentation then if you were a US based webmaster it would be an issue.

So then the answer is simple...Just do what tubes do. Blanket yourself in the "user uploaded" cloak of protection. Just upload the stuff as a user. No need for those pesky 2257 docs that I have to keep on file.

Why would that be a cloak of protection?
If you wrap ads around any user uploaded content, then you are also using that content for something commercial. That is conspiracy, and there are (international) laws more serious than 2257.

That sounds logical...but unless you have been living under a rock you have to be aware that it isn't true.

User uploaded has no boundaries on it. It doesn't matter if you monetize it or not. Why do you think we are all hurting so bad right now? If it was the way you are saying (which is the way it should be), there wouldn't even BE a pornhub.

No, the laws are fucked up for sure.

Well, I think this is a case by case thingy, and I was not speaking of piracy. If some host are obviously and knowingly hosting massive illegal uploads (underage) and do not moderate or even care, then I think the law enforcement would probably look into your activities. And if you also make money off it, that would eventually worsen the situation. That's what I meant.
Without 2257 requirements, at least most upload services have more or less ethical standards regarding this, and I wouldn't recommend to ignore it.

Sorry I cant answer your ? but if you need a male stand in to replace that pic let me know :winkwink: