how to protect yourself when some content on your site is 'mature'?
Hi, I run a photography type site and recently some of the gallery images started to contain nudes of both males/females. The majority of the site have no issues, but a few are up in arm about it (you know the types). Some have gotten quite nasty about it saying I will be sued for porn or turned into the fbi. The shots are artistic in nature and nowhere near 'porn' level. I am just wondering what I must do to protect myself from some looney trying to go after me legally? Is it enough to just state in site terms of service that the site contains mature content? Thanks for any suggestions!
It's all much ado about nothing mate. As long as there is no hardcore depictions then you it is sufficient to just state their presence in your TOU. Just make sure that no aroused male genitalia (hard on) is shown. Of course, also ensure and mention in your TOU that all models in such category of images are 18+.
If these terms are met, then you are not violating any laws (at least US and Canada laws if you are based there) and you are fully legal so any talk of FBI or other agency is just crap.
Good luck mate
If you are in the US you need to be aware of USC2257 and laws surrounding nudity and porn. I know your site isn't a porn site but any nude pics come under this law. So long as you keep records of your models and id's you should be fine, but read about it anyway.
Of course if any nude models are under 18 you may run into trouble.
well webshots and flickr have their share of nudes, are you saying they keep track of every model and the age? It doesn't seem like they do anything really..
I'll read about the USC2257 and see what that states. If someone posted a child porn image on flickr and people saw it before flickr admins could remove it, who is liable? flickr or the poster? both? hmm
If someone posted a child porn image on flickr and people saw it before flickr admins could remove it, who is liable? flickr or the poster? both? hmm
Child pron aside, even if the person is of legal age, as far as people can tell if there's a nude on site then the site owner must have the models records on file, else the are in breach of 2257.
A lot of mainstream adult companies have already been visited by the feds for a record check, and some smaller guys too. I have heard of instances when people have been arrested because a couple or records were missing for a particular movie or photo set.