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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 15 Jan 2009 (Thursday) 16:34
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New add on to 2257 law any ideas?

 
Ledrak
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Jan 18, 2009 01:59 |  #16

RP33 wrote in post #7100524 (external link)
I wont shoot anyone under 18 period unless mom is there. And I wont shoot her in a questionable look. My question is, does lingerie or implieds fall under the new 2257 law? I want to be sure I am doing all the paper work right. Adults only period. Anyone shooting underage stuff should be shot on site.

It’s really going to be up to interpretation by the courts. But I would definitely have 2257 forms for implied nudes. If I was shooting catalog style lingerie stuff, then I wouldn’t worry about it. If you shoot stuff that falls in the middle ground (or if you’re unsure), I’d refer back to those 6 factors that were listed from the Dost case (which you can find on page 3 of the pdf in the link posted earlier). If you answer yes to any of those questions, then I'd be sure I had 2257 docs for those pics.

But unless you’re selling your pics or putting them where people can view them, then you don’t even need to comply with 2257. And honestly, unless you’re causing a stir or making good money off your photos, the chances of you ever getting inspected are next to nil.




  
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RP33
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Jan 21, 2009 16:37 |  #17

Ok
Here is a thing that I have been asked to do. I have a wife that wants to hire me to do some pictures of her for her husband. Do I need to have a 2257? They are a gift to him but what about if she post them to show to family members somewhere? I am sure they wont be put for sale but what if the husband sent one into a magazine for a contest? Does that apply? My problem is not with age verification that is easy. It is with posting the location of the documents as I dont have a studio. One last question what about pictures posted here or on MM do we need 2257 docs. for them if they are questionalbe? I need much help on this. PM. if you want but I think a lot of us may have some of the same questions.




  
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DDCSD
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Jan 21, 2009 16:41 |  #18

I would ask a lawyer about legal questions, not an internet forum.


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Ledrak
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Jan 22, 2009 12:36 |  #19

RP33 wrote in post #7127391 (external link)
Ok
Here is a thing that I have been asked to do. I have a wife that wants to hire me to do some pictures of her for her husband. Do I need to have a 2257? They are a gift to him but what about if she post them to show to family members somewhere? I am sure they wont be put for sale but what if the husband sent one into a magazine for a contest? Does that apply? My problem is not with age verification that is easy. It is with posting the location of the documents as I dont have a studio.

Let me first say that I am not a lawyer so don’t take what I say as professional legal advice… but most of the stuff I shoot requires 2257 docs, so I’m quite familiar with what’s required since I deal with it on a daily basis.

The producer (as defined by the 2257 doctrine) is required to maintain the docs. If somebody hires you to take pics for them, and they keep the pics and hold the rights to those pics… then they would be considered the producer (not you) since you would basically be in a “work for hire” situation. Thus, whatever they decide to do with the pics, it’s on them to maintain the records (if required). Now if they then licensed you the pics and you decide to use them on your website, book, video, etc. then you now become a secondary producer and will also be required to maintain the 2257 docs.

RP33 wrote in post #7127391 (external link)
One last question what about pictures posted here or on MM do we need 2257 docs. for them if they are questionalbe? I need much help on this. PM. if you want but I think a lot of us may have some of the same questions.

What do you mean by questionable? As the primary producer, you are required to maintain the docs (if applicable). If you’re not sure whether what you are shooting falls under 2257 or not, then you either need to get a specific explanation from a lawyer that’s knowledgeable in this area, or just get 2257 docs on everyone that is “questionable” just to be on the safe side.




  
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RP33
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Jan 23, 2009 16:08 |  #20

Questionable? Like lingerie but all is covered.




  
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New add on to 2257 law any ideas?
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