2257 propably stupid question re amateur content

[phuckbunny]

This is somewhat related to what I posted about those voyeur/user submitted/amateur porn sites.

I remember the wise saying from the smartest man on earth, Hammer, that 'boobs aren't genitals'. Good call. Now for something a little different.

Apart from record keeping for all the things outlined in Sec 18, what about that amateur GGW stuff appears on video sharing sites like metacafe, etc. I'm pretty sure all tit is banned from youtube, but even other sites not as explciit as pornotube or youporn or yuvatu sometimes cross the line and show tit.

Natch, the first person who comes to mind is Joe Francis.

Here's my question. If you post something (vid or pic) on your site or blog that shows tit - e.g. a mardi gras video with chicks flashing for beads or drunk girls in a club exposing tit - what is your liability apart from infringement of privacy, etc. I'm talking purely hypothetical here. Can you get in trouble for posting a clip of a girl showing her tits, b/c who is to ask or decide whether she's of legal age or not? I'm not even talking about GGW stuff. What if someone recorded a video on his or her mobile phone in a strip joint in Prague. Would your liability be from the people in Czech who did not consent to be photographed or would Yank authorities ask you if the topless dancer in Bratislava was of legal age even though you pulled it off of revver or whatever and was posted by someone else?

I realize this may be either very easy to answer e.g. "cover your ass and don't post" or "talk to a lawyer" or there is no good answer to it. Any help helps.

[balls_deep]

phuckbunny, keep in mind that you don't need releases when you are filming a crowded public area.

I'm pretty sure that is how GGW shoots so much content.

[grimfang]

I am not sure on this, but I suspect that content filmed inside a club would fall under different rules than something filmed on a street or on the beach. The club is a private location, even if it open to the public. Mardi Gras celebrations on the street are in public view and not under the control of any individual business owner. Thus its pretty much impossible for authorities to track and monitor all activity happening on the street or beach. Its generally assumed that if content is filmed inside a business, then the business operator has knowledge of the activity and is expected to take whatever legal steps necessary.
Now when you start dealing with foriegn nations, who the hell knows? Our rules apply to us regardless of where the content is filmed, but they might have different laws and could care less about our problems.
When in doubt, just cover your ass. Film in a controlled envrionment and get a realease from everyone who might possibly be seen in the footage. It just aviods a lot of headaches.

[Hammer]

I'll tell you one thing. I would hate to be the guy that has a crowd scene on his site with adults in the nude or having sex and there's an under 18-year old kid in the crowd.

[phuckbunny]

Originally posted by Hammer
I'll tell you one thing. I would hate to be the guy that has a crowd scene on his site with adults in the nude or having sex and there's an under 18-year old kid in the crowd.

I agree 100% but I guess the question is - who is going to complain and/or question the age of said 18 year old if it isn't that person him/herself or the parents?

[Hammer]

Originally posted by phuckbunny
I agree 100% but I guess the question is - who is going to complain and/or question the age of said 18 year old if it isn't that person him/herself or the parents?

Anyone that sees the video or photo can question it and they only need to go to the FBI's website and say they saw some kiddie porn. If the feds look at it and agree that it's questionable...

BAM, BAM, BAM

"Hello, I'm special agent Fox Mulder. May I come in?"

[mynameisjim]

"Hello, I'm special agent Fox Mulder. May I come in?"

What? No Scully?

[phuckbunny]

OK that pretty much answers my questions and makes total sense. Thanks, all.

Don't get me wrong, I'm not about to start posting questionable content but I am still trying to wrap my head around all this 'amateur' stuff floating around everywhere.

[Hammer]

Originally posted by mynameisjim
What? No Scully?

She's coming presently, but she's still in the car fixing her makeup. But I would like to get started looking through your computer and destroying your office without her.