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Question QUESTION: Greetings, I'm going to make an erotic feature, in which all the sex is censored with black bars, no penetration can be seen at any given time, going for simulated softcore. Heavy nudity and genitals will be seen. Based on the final presentation being censored, does this require me to get a 2257 form for talent? or will a basic talent release form be sufficent?
I am planning on producing this in California.
I do thanks you in advance for pointing me in the right direction.
ANSWER: From the actual legal text :
USC Title 18 Section 2257 (2)(B) For purposes of subsection (8) (B) of this section, “sexually explicit conduct” means—
(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;
YES, these regulations and their related provision would absolutely apply to your material, and you would be required to collect and properly maintain the the records as outlined.
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QUESTION: Mr. Boyd, thanks for taking the time to respond. I have a follow up, does it apply to this project when the gentials/breast/pubic areas/intercourse/ are not viewable (i.e. being covered with a black bar or blur)? It's simulated but blocked as well. I thought if I block the genitals during the simulated sex, that would not allow for a 2257 form.
Answer In your original question you said "Heavy nudity and genitals will be seen" so my answer was based on that specific information. Clearly...any nudity at all (even something as simple as a womans bare breast) will invoke the need to comply with 2257.
What you are describing would definitely be considered "simulated sexual conduct" under the law (regardless of nudity or "blocking") and as such is subject to the above provisions.
It would definitely be in your best interest to speak with an Attorney who actually specializes in Adult Entertainment Law. I recommend Michael Fattorosi of Fattorosi & Associates http://www.adultbizlaw.com
Unfortunately, there is no one listed with this site who I feel has the actual expertise to offer any creditable legal advice on this matter.
