Within the meaning of SECTION 75.1(c)(4)(iv-v) Gaymale.WS is not a "Producer" because it "does not, and reasonably cannot" manage sexually explicit content for this web site. Gaymale.WS does not produce any content and makes no representation as to the source of any content. The operators of this web site rely on the plain language of the statute and on the well-reasoned decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998). This case held, inter alia, that entities having no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of the models or performers, are exempt from the record-keeping requirements of 18 U.S.C. 2257. All visual depictions of actual or simulated sexually explicit conduct presented on this site have been uploaded by various third-parties ("Members") to Member Profiles or to the Photo Galleries. Member uploads are logged by User ID and/or IP Address. 2257 Compliance remains the responsibility of the individual photographers and producers and the Members who upload these images.
Nothwithstanding the above, laws regarding child pornography and copyrights require Gaymale.WS to remove images which may appear to depict underage sexual conduct or which may violate a copyright. Removing such images does not constitute "management" as defined in SECTION 75.1(k). Gaymale.WS also makes editorial and managerial decisions regarding site operations, advertising, etc. However, visual depictions of actual or simulated sexually explicit conduct are not managed by Gaymale.WS, being solely comprised of the submissions of Members without moderation, approval, or editing by Gaymale.WS.
In addition, all content and images shown on this web domain are exempt from the 2257 record keeping rules as per SECTION 75.7 of 18 U.S.C. 2257 shown below, valid June 23, 2005.
SECTION 75.7 Exemption statement.
(a) Any producer of any book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, or other matter may cause to be affixed to every copy of the matter a statement attesting that the matter is not covered by the record-keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part if:
(1) The matter contains only visual depictions of actual sexually explicit conduct made before July 3, 1995, or is produced, manufactured, published, duplicated, reproduced, or reissued before July 3, 1995;
(2) The matter contains only visual depictions of simulated sexually explicit conduct; or,
(3) The matter contains only some combination of the visual depictions described in paragraphs (a)(1) and (a)(2) of this section.
(b) If the primary producer and the secondary producer are different entities, the primary producer may certify to the secondary producer that the visual depictions in the matter satisfy the standards under paragraphs (a)(1) through (a)(3) of this section. The secondary producer may then cause to be affixed to every copy of the matter a statement attesting that the matter is not covered by the record-keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part.
Also note that as provided in the Terms of Usage, Members certify that all models are 18 or older at time of any and all photos being taken which may be on this domain.
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