Monday, March 30, 2009

Photogs - Are you Aware of 2257?

A new federal law went into effect on March 1 that most photographers don't yet know about. The good news is that for most, there is no impact on their work, no new requirements. The bad news is that if you are a glamour or figure photographer, you're in for a rough time.

The law, 18 USC 2257, or "2257" as they are calling it, essentially requires that if you create content that will cross state lines (ie a website, or client buys in Washington and lives in Idaho) and there is nudity ("lascivious" is their term, but they have issued a clarification that to most means any nudity at all,) you need special paperwork filled out by the model/client AND that paperwork must be available for inspection during reasonable business hours and a notification must be posted on the work itself.

If you provide boudoir photos to women to give to someone special in their lives, and no crossing of state lines, no web content, and no display takes place, it seems as if you can rest easy. However, if there is any hiring of models (a discount to a paying client to allow use on your website for advetising may qualify as hiring under the new law) and there is any nudity by a man or woman (men shirtless seems to be ok), you'd better look into how this new law will change your recordkeeping.

There is a lot of information available on the topic, a lot ofopinions, and few government clarifications. But, since this is intended as an anti child-pornography, recordkeeping law, it probably will not go away. Better safe than sorry - if you are a photographer who shoots any fine art nudes or glamour, look into it! (If you are local to the DC area, check our Events section for workshops on 2257 or which include 2257.)

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