Expert: Jim Boyd - 3/6/2009

Question
Hi Jim,
I had an interesting question posed to me today by a person who runs an adult artwork site. He understands that his site, because the content is artwork and not photography/videography, is not subject to 2257 Compliance.

However, he is thinking of adding banners to affiliate sites that he has, who themselves already have 2257 Compliance Statements on their site.

His question is this : if the banner ads provided by the other company has nudity, is he required to have a 2257 Compliance Statement on his own site? Or are banner ads exempt from Compliance Statements because the linked site itself already has one?

Thank you kindly,
Kelly  

Answer
Hi Kelly,
If the banners in question display the type of “sexually explicit conduct” as outlined in USC Title 18 Section 2256 (2)(A) then the answer is a definite yes.

Your friend should also keep in mind that if he uses real models (ie: has real people pose for his painting/drawings/etc) for his “artwork” and those “artworks” contain nudity or sexual conduct as defined by the Law…then he is absolutely required to maintain the same records as a photographer/videographer and must place a 2257 compliance statement on his website.

Erotic drawing, paintings, and similar artwork that were created with live models are, in fact” “visual depictions of actual human beings” under the Law and as such are subject to the same legal considerations as any other form of Adult Material.

Although this is solid legal advice, I am not an Attorney, and I would strong recommend that your friend speak to one before placing banners on his site and the possibility of needing his artwork to be 2257 compliant.

Jim Boyd