18 USC 2257 Compliance

Ruger22C

Golden Member
Sep 22, 2006
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Note: I wrote this for photography forums. I do portrait photography, and now I want to do nude portraits. Can anyone here help me?

...

Because 2257 applies to images that involve a "lascivious exhibition of the genitals or pubic area of a person," (https://www.justice.gov …inal-sexual-depiction.pdf) and whether the display is lascivious is apparently subjective (e.g. Miller test), it seems that nude portraits are almost always at risk of being subject to 2257's regulations.

Note that 'lascivious' isn't defined here: https://www.law.cornell.edu/uscode/text/18/2256

And if the Dost test is used, most of us photographers immediately violate two points -- and only three of six are required. It would be very easy to accuse our work of meeting one more point. https://www.eff.org/issues/bloggers/legal/adult

The record keeping requirements are incredibly strict. The producer has to affix a statement to every production (web page, print, book, etc.) and the statement has to include information on where to find the records, *and* a title for each depiction: https://www.law.cornell.edu/cfr/text/28/75.6

And there are quite a few other rules involved, such us segregation of records: https://www.law.cornell.edu/cfr/text/28/part-75

The rules even go so far as to regulate the font size used for the display of the statement and cross-indexing: https://www.federalregister.gov …lly-explicit-performances

Your record has to include a copy of the model's ID, *all* names that model has ever used (including aliases, stage names, etc.), and there are a number of other rules: https://www.justice.gov …inal-sexual-depiction.pdf

Considering that you have to keep your records accessible to inspection almost on demand, it seems wisest to hire a custodian of records. And you have to keep them accessible for at least seven years, plus(?) five years beyond the date that you close your business. I don't know how much it costs to do that, but I don't assume it's cheap... And if you don't hire a custodian of records and keep them at your place of business, what happens when you move? Then your 2257 compliance statements that tell the Attorney General where to find your records is no good. Are you in violation then? How many of us knows for certain that we won't change our address for at least five years?

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All that to ask: Is there a way for me to do nude portraits without risking five years imprisonment via violation of 2257, apart from keeping 2257 records which seems incredibly burdensome and moderately expensive to do?

Or is there a way to make 2257 compliance not so burdensome?

I don't want to shoot porn, but it would be subjective as to whether my images involved a 'lascivious' display and therefore the risk seems extremely high even if doing nude art. Whether I'd be convicted would depend not on an objective or pre-determinable evaluation of the content, but rather would depend on how lucky I was in regard to the standards of the person(s) that evaluate my work.
 
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Paladin3

Diamond Member
Mar 5, 2004
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I would not try to read and interpret those laws and regulations yourself. Shooting nudes is quite common, so finding a modeling release that's been prepared by a lawyer and is already in existence to use should be simple. Don't try to reinvent the wheel. Google is your friend.

And it's not the 1950s. Stay away from underage models and you shouldn't have any problems. Lots of photographers shoot nudes.
 

Ruger22C

Golden Member
Sep 22, 2006
1,079
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I would not try to read and interpret those laws and regulations yourself. Shooting nudes is quite common, so finding a modeling release that's been prepared by a lawyer and is already in existence to use should be simple. Don't try to reinvent the wheel. Google is your friend.

And it's not the 1950s. Stay away from underage models and you shouldn't have any problems. Lots of photographers shoot nudes.


I'm considering getting this.
 

Paladin3

Diamond Member
Mar 5, 2004
4,933
877
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I'm considering getting this.
Just make sure nothing has changed since 2009 when the book was published. See what professional photographers doing the kind of work you want to do are using.
 

Ruger22C

Golden Member
Sep 22, 2006
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Although I just ordered a copy of that book, it would still be nice to get comments here -- if anyone has good information.
 

OccamsToothbrush

Golden Member
Aug 21, 2005
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Although I just ordered a copy of that book, it would still be nice to get comments here -- if anyone has good information.

You want good information? Okay, here it is: Talk to an actual lawyer that has experience in this field. The end.
 

Ruger22C

Golden Member
Sep 22, 2006
1,079
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I just finished that book (which, again, was written by an attorney).

... I doubt that I'll ever capture a nude image as long as this regulation is active. The rules are extreme. Even clothed images can be subject to this law's requirements, and the risk of not keeping proper records is five years imprisonment. And what they consider to be proper record keeping and availability is absolutely remarkable.
 
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Ruger22C

Golden Member
Sep 22, 2006
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I haven't been able to find an estimate at all, using Google search.


About how much does it cost to hire someone to act as a custodian of records? Assume that the number of records would be small, but that updates to those records may be fairly frequent.
 

JEDIYoda

Lifer
Jul 13, 2005
33,982
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You are being very vague......why? What kind of records? That makes a difference....a huge difference...
 

Ruger22C

Golden Member
Sep 22, 2006
1,079
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You are being very vague......why? What kind of records? That makes a difference....a huge difference...

Vague because I'm still pretty ignorant.

It would be records compliant with 18 USC 2257. That is: Information about models, cross-referencing to titles of works they're depicted in, etc.
 

JEDIYoda

Lifer
Jul 13, 2005
33,982
3,318
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Vague because I'm still pretty ignorant.

It would be records compliant with 18 USC 2257. That is: Information about models, cross-referencing to titles of works they're depicted in, etc.
18 U.S. Code § 2257A.Record keeping requirements for simulated sexual conduct
 

JEDIYoda

Lifer
Jul 13, 2005
33,982
3,318
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Nothing in that thread asks about custodian fees.
Who can be a custodian of records Sec 2257? And what ...
...
Sep 27, 2015 · There needs to be a custodian and yes, your friend can act as custodian as long as they truly hold the records. But, as pointed out, the custodian needs to be identified on the website. As far as whether you need to create a new record for each upload on to the same site, that is a very good question.
 

Ruger22C

Golden Member
Sep 22, 2006
1,079
4
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At best !!

First, what the heck are you two going on about? I'd be required to either keep the records on my premises or with a custodian. The law allows for either. Not dodging any responsibility; I can't guarantee that I'd be at my place of business every week for at least 20 hours per week and every week (as required), hence the need for a custodian.

Second, please quit taking my thread off topic with nonsense.
 
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Sgt. York

Senior member
Mar 27, 2016
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Aren't porn actors unionized now? If so, he will have to sign a contract with their union. More paperwork to keep track of.
 
Nov 8, 2012
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Aren't porn actors unionized now? If so, he will have to sign a contract with their union. More paperwork to keep track of.

I've never heard of porn actresses being unionized.

Last I remember googling the subject a few years back they basically get paid chump change of ~$300 - 500 per scene....

Basically an entire day of acting for chump change while having stuff placed inside you repeatedly along with being in tons of ULTRA COMFORTABLE sex positions.
 

JEDIYoda

Lifer
Jul 13, 2005
33,982
3,318
126
I've never heard of porn actresses being unionized.

Last I remember googling the subject a few years back they basically get paid chump change of ~$300 - 500 per scene....

Basically an entire day of acting for chump change while having stuff placed inside you repeatedly along with being in tons of ULTRA COMFORTABLE sex positions.
speaking from experience I see....heheeee
 
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