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2257 Question
Question please regarding Section 2257. Please excuse my lack of knowledge Is ANY photo depicting bondage or rope art subject to Section 2257 protocols? Or is that not the case. Hoping someone can educate me on this topic. Thank you Sep 17 22 05:44 am Link I think legal questions are best answered by lawyers not a bunch of photographers who may or may not have a clear and correct understanding of the law. You will get many opinions, but opinions will not impress a judge should things get that far. If you Google your question you can find references to the Cornell School of Law and other respectable site which may help you. Sep 17 22 10:48 am Link Here is a recent thread that may be helpful: https://www.modelmayhem.com/forums/post/982567 Sep 17 22 02:40 pm Link Thank you. Sep 17 22 03:33 pm Link Regarding the law. It is always best to talk to a lawyer with experience in photography law for a definitive answer. With ropes or someone being tied up, the word “bondage” implies a sexual motivation which might or might not be implicit in the photo. If models are clothed in non-fetish wear, there is no full or implied nudity, the image is not necessarily sexual but nearly shows a model tied up, a cogent legal argument can be made that the image does not fall within the 2257 guidelines. HOWEVER, if you are shooting any model in any context that is under 18 you should ALWAYS get a release signed by the custodial parent to CYA (cover your ass) regardless of how wholesome the image is. With non sexual swimsuit, underwear or even male shirtless images of an adult model, I always CYA, and keep a copy of a legal photo IS with proof of age with the model release. As artistic Shibari rope bondage you are speaking of is not something you will casually encounter doing sidewalk street photography but for a planned shoot. CYA. Always have the model sign the release and keep a copy of their ID on file. Even if your lawyers successfully make that cogent argument, you are paying those lawyers by the hour and that is expensive. Sometime you might be taking pictures near a playground but not of the children and some crazy parent calls the police who investigate. I want to make sure the police immediately see there is nothing to look at and I have a release and proof of age for all my models. If you have to ask or come up with an argument of why a shoot would not fall under 2257, you are probably better off doing that record keeping anyways. There is never a downside to CYA housekeeping Sep 30 22 07:58 am Link The Storyteller wrote: The short answer is YES Sep 30 22 08:12 am Link |