Legal Question in Entertainment Law in New Jersey

18 U.S.C. 2257 Question

Hi, I'm producing fantasy wrestling photosets for a website with girls dominating guys using various holds. The girls are wearing minimal athletic attire, but there is absolutely no nudity or sexual activity. There is implied domination/submission, so my concern is that this could be interpreted as ''sadistic or masochistic abuse'' as outlined in section 2256. I am wondering if this type of content would be exempt from 2257 regulations, or must I comply because it is too subjective? Thank you!

Asked on 9/07/08, 4:59 pm

1 Answer from Attorneys

Daniel Pepper Pepper Law Group, LLC
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Re: 18 U.S.C. 2257 Question

It very well might. There hasn't been a case to date which I am aware of that has tested your particular brand of content under the terms of the 2256 definition. In my opinion, it isn't worth taking the chance, and complying with the 2257 recordkeeping and labeling requirements would probably make good business sense, albeit an administrative hassle.

We work with clients regularly in this area, so please feel free to contact us to discuss your matter further.

Of course, this post is not intended to be legal advice, and you should always retain qualified legal counsel to advise you for your particular situation.

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9/07/08, 5:05 pm

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