Pornography is more widespread today than it has ever been before. For that reason, it’s important to understand the law as it relates to the usage, distribution, and creation of pornography. No matter what connection you have with porn, understanding these laws can prevent you from serving time in jail or being labelled as a sexual predator for the rest of your life.
The premier experts on porn law are lawyers who specialize in pornography cases. By hiring a good pornography lawyer, you can understand exactly what your legal rights are as a citizen of the United States and what to do if you are implicated in pornography-related offences.
First Amendment protection
Many porn producers are protected by the First Amendment’s rights to freedom of speech and expression. Since pornography is legally considered a form of artistic expression, the creation and distribution of porn are largely governed by the First Amendment. This is especially useful for individuals and companies who distribute or create pornography themselves.
The First Amendment protects virtually any type of pornography, with the exception of child pornography. The creation and distribution of ‘obscene’ pornography – which displays particularly violent or crude sexual activity – is largely unregulated due to the First Amendment, and courts almost always rule in favor of porn producers as a result of this constitutional right.
Essentially, if the pornographic material displays two adults of age, then it is difficult to convict you under current US laws. A good pornography lawyer can help you avoid charges and get you off based on every American’s First Amendment rights.
Child pornography law
The laws surrounding child pornography are an entirely different story. These cases are much more frequently investigated than illegal pornography between adults, and those who create and distribute child pornography are harshly punished. Unfortunately, an erroneous child pornography charge can have devastating effects on one’s professional relationship, and it is incredibly important that you choose a good pornography lawyer to handle your case.
Unfortunately, a large number of people who have been charged with child pornography-related offences are innocent. There have been cases where hackers exploited a computer user’s involvement with a file sharing site in order to plant child pornography on their computer. In some cases, these hackers have even used that user’s internet connection to distribute that child pornography online. This can occur without your permission or involvement. Nevertheless, in the eyes of the law, your computer has been used to distribute child pornography and you will be charged as such.
Even if you’re not distributing child pornography, inadvertently accessing it online can result in criminal charges. The FBI monitors thousands of such sites across the internet, and, even if you do not willingly download child pornography yourself, merely visiting that site will install cookies and thumbnail images on your computer that could result in a conviction if your computer is ever seized.
There are many punishments resulting from child pornography-related offences. In addition to jail time, those who are convicted may be forced to attend sexual-health seminars with other convicted criminals and be registered on the sex offender list for the rest of their lives. These charges will stay with you for the rest of your life and will seriously and permanently damage your professional reputation. For all of these reasons, it’s incredibly important to find a child pornography lawyer who has demonstrated success in his or her field.
A good child pornography lawyer can help you avoid cases involving chat rooms, peer-to-peer file sharing networks, and other charges stemming from the possession and distribution of child pornography. By choosing a pornography lawyer with experience in the industry, you can ensure that your case has the best chance of proceeding in your favor.
Distributing pornography to minors
Distributing pornography to minors, or allowing them to access it, is a crime. While most online porn sites absolve themselves of any liability by including a disclosure at the entrance of their website, others do not, and this can result in serious criminal charges being levied against either yourself or your company.
Similarly, those who sell sexually explicit materials to a minor – even a minor with a convincing fake ID – can be criminally charged. This has occurred against workers and owners of various adult entertainment stores, and, if handled correctly by a good pornography lawyer, it can often result in dropped charges. With that in mind, finding a local pornography lawyer can clear your name and prevent you from ever being convicted.
Copyright law and pornography
Just like any form of artistic expression, works of pornography are protected through various copyright laws. Since these laws may be slightly different and more complicated than an average copyright case, a pornography lawyer will work hard to ensure that your copyright is protected and will take action against those who use your material unlawfully.
Cases involving ‘sexting’ have been an unfortunate problem in recent years, as teenagers who consentingly send sexually explicit pictures of themselves to friends or partners can be charged with distributing child pornography. While these pictures may initially be sent between two individuals, they can quickly spread all across the internet, causing a snowball effect that can permanently damage one’s reputation.
If you or someone you know has been involved with a sexting case, a good pornography lawyer can help. Today, more and more courts are ruling in the favor of minors involved in sexting cases, and many lawyers and states have suggested legislation that would prevent minors from being slapped with child porn laws. If you want to avoid being labeled as a sexual offender for the rest of your life, then you need to find yourself a good pornography lawyer.
Due to the complexities of emerging forms of media, navigating through the field of pornography law takes skill and experience. When you choose a good pornography lawyer, you can relax knowing that your case has the best chance of proceeding in your favor. With the sensitive nature of pornography-related offences – particularly those involving child pornography – the ability to clear your name can have permanent effects on your reputation.
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With new forms of media expanding every day, it has never been more important to understand online pornography law and its implications. Whether you’re directly involved in the adult entertainment industry or you’re just interested in the field of law in general, you’ll find this article to be an informative disclosure of some of the key aspects of online pornography law.
Online pornography law and its attitude towards ‘obscene’ porn
The industry’s legal stance towards ‘obscene’ porn is that, as long as the actors are of legal age, then virtually anything goes. Obscene porn can include such wide ranging forms of pornography like rape and violence, and the actors involved do not necessarily need to have consented to such activities. To make the matter even worse, the subjects involved in such hardcore pornographic videos have no sort of ownership or control over these videos, and current online pornography law allows the person who does hold ownership to profit at the actors’ expense.
It’s important to understand that these laws apply to both pornographic and non-pornographic creative works, and that the lack of explicit legislation outlining online pornography law, particularly obscene porn, is considered a problem by many lawyers. Meanwhile, those who are actually involved in the adult entertainment industry claim that they are protected by the First Amendment, and that their rights to freedom of speech should be upheld. These companies are usually backed by various libertarian organizations, and have often held up their claims in court.
Many lawyers see this as an unfortunate problem in online pornography law, and that steps should be taken in order to give ownership to actors involved in pornography that has been created with violence or coercion. Some suggest that, before granting copyright to the creator of such pornography, it should be shown that the actors’ involvement was voluntary and that it occurred with full knowledge of how the porn would be distributed. This will help protect porn actors in both a physical and legal sense.
Ultimately, some people feel that the porn industry is effectively unregulated, and that this policy of ‘anything goes’ has harmed many individuals over the years. However, most porn companies stand by their stance and argue that any attempt to interfere with the operation of porn companies – provided they use actors of legal age – can be seen as interference with an economically beneficial relationship and an infringement upon their constitutional rights.
Individual privacy in online pornography law
The overarching goal of virtually all online pornography laws has been to prevent minors from appearing in sexually explicit pictures and videos. Recent legislation has forced porn companies to disclose the intimate personal details of all actors involved in their productions, including the actor’s real name, stage name and aliases, as well as their date of birth, among other things. This information does not necessarily have to be attached to the pornographic content. However, its location does have to be disclosed and attached to the content, and porn companies often choose to store this data at a public record-keeping facility.
As you can imagine, this legislation, which can be found under Section 2257(a) of Title 18 of the U.S. Code, angered many adult entertainment companies and porn stars. Actors claim that their information can be sold or used for personal gain, and that stalkers have become a real threat in their lives once they’ve discovered their address and other information.
Porn companies, meanwhile, have been forced to remove thousands of pictures and videos that do not have this personal information attached to it, which has led to economic loss and other problems. They also claim that this law does not actually prevent child pornography, as the few underage actors who manage to make their way into pornographic productions possess identification that would make it through this screening process.
Ultimately, this issue can be seen as a battle between the U.S. government’s efforts to prevent child pornography and the porn industry’s rights to both privacy and freedom of speech.
Notable court cases involving online pornography law
As of yet, there have only been a few major court cases involving online pornography law. One of the landmark cases that affected online pornography law occurred when the internet was just beginning to take form in 1990. In this case, California v. Freeman, the defendant was accused of prostitution-related activities. Freeman, a porn producer, had simply used legal, consenting adult actors in a porn production, but the state of California was making an effort to ban the production of pornography altogether, and would effectively use Freeman as a scapegoat for the problems surrounding an entire industry.
While Freeman was initially convicted, his conviction would be overturned in the Supreme Court of California, which then declared that the production of hardcore pornography was legal in the state of California. Other U.S. states have upheld this regulation, and today, some believe that online pornography law is a relatively unregulated field.
In another case, Connection Distributing Co. v. Keisler, the online pornography law regarding ‘obscene’ material was upheld. Specifically, an effort to regulate the porn industry was shown to be unconstitutionally burdensome for companies in the adult entertainment industry. Ultimately, online pornography law was allowed to maintain the state it is currently in today.
While the field of online pornography law may seem complex and troublesome, it can help to hire a good porn lawyer. Lawyers who specialize in such activities will help guide you through all the complexities of porn legislation and show you exactly what you need to do to win your court case. Despite the bleak outlook on online pornography law that has been painted by some individuals, every individual has constitutional rights, and it’s important to stand up for these rights when they come under fire.
Whether you’re an actor, a distributor, or a major porn company, understanding your legal rights has never been more important. Contact a porn lawyer today to prevent yourself from being taken advantage of.
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In recent years, one of the central goals of the government has been to eliminate the appearance of minors in pornographic material. This has been done by attacking both the supply of child pornography – with those who create and distribute it facing strict punishment – and the demand side – where those who download and store child pornography face similarly strict sentences. Despite these efforts, child pornography remains a multibillion dollar industry.
Nevertheless, it’s important to understand child pornography law and its implications. Today, we’re going to look at some of the legislation that surrounds child pornography and what it could mean for those who create, store, and distribute it.
Stopping child pornography at the source: proving age of consent
Legislation was recently passed which detailed the specific personal information required by porn producers from their actors. While it was introduced in the 1990s, it only came into effect within the last decade, and is intended to limit the distribution of child pornography by forcing actors and producers to disclose personal information.
The law requires that producers disclose each performer’s legal name, aliases, stage name, and any other names that the performer has ever used. In addition, producers must include the performer’s date of birth, after which the information is stored at a secure record-keeping facility. While the specific name and birthdate of each performer does not have to be attached to the pornographic material itself, the location at which the information can be retrieved must be disclosed. For that reason, every legally-produced pornographic picture, video or magazine will mention a record-keeping location where this information can be accessed.
Accidently using a 16 or 17 year old actor in a pornographic film is one thing, but it’s a far more serious matter to film younger children engaged in sexual activity. While both are termed child pornography, 18 U.S.C.A. § 2257 is clearly targeted at those who produce porn legally. Clearly, a major porn distribution company is not going to accidentally let an 11-year-old child slip into one of their videos.
For that reason, porn industry experts have argued that this law has not prevented the appearance of minors in pornography, especially since the few minors who have inadvertently appeared in pornographic movies over the last decade have done so using false identification – something that would have passed through the 18 U.S.C.A. § 2257 regulations as they stand now.
Meanwhile, anti-child pornography advocates claim that this regulation is incredibly important, and that bringing regulation to a largely unregulated industry is always going to be met with hostility. Whether you agree with it or not, 18 U.S.C.A. § 2257 remains an important law by which every producer of sexually explicit material must abide.
Creation of child pornography
The creation, storage, and distribution of child pornography is illegal in every part of the United States. Those who produce it face strict court sentences and have been convicted regularly in the United States in recent years. This is covered in § 2252A of the U.S. Code, and comprehensively includes virtually anybody involved with the creation, distribution, or storage of child pornography.
When these laws were introduced, they initially faced some argument by the porn industry, who claimed that the government was infringing upon free speech as outlined in the First Amendment. While pornography itself is seen as a form of artistic expression which constitutes free speech, child pornography is not extended the same benefits because it is inherently harmful to children. Courts have decided that in child pornography, the minor is harmed when the material is created, sold, and distributed.
For that same reason, the creation and distribution of simulated child pornography is not illegal, as no minors are harmed through the process. Nevertheless, particularly obscene forms of simulated child pornography – those that are especially explicit or crude – are still deemed to be illegal.
Distribution of child pornography
There are two groups to consider when looking at the distribution of child pornography. First, we have the group that willingly distributes pornography either online or through other media. Individuals in this group can be charged with the fullest extent of child pornography law and face harsh prison sentences for their actions.
Second, we have the group that accidentally distributes child pornography. This can be done by those who download child pornography from internet sharing services like Bit Torrent with the intention of using it for themselves, only to find that they accidentally set their folder to be shared automatically, effectively distributing their stash of child pornography around the internet.
In some cases, innocent people who have never used child pornography in their life may still be sharing child pornography online. This was seen in the case of U.S. v. Aaron Shaffer, where the defendant’s computer was hacked and used to store and share child pornography through the popular peer-to-peer program ‘Kazaa’. This occurred without his involvement or notice, and is one of the most frightening implications of child pornography law and new media.
Child pornography law and sexting
The increased proliferation of cell phones and other technology have opened up new aspects of child pornography law. Specifically, ‘sexting’ between teenagers has become popular, where minors pass along sexually explicit images of themselves to friends or dating partners. This has been met with horror by parents and nonchalance by teenagers.
Under the current legal system, anybody in possession of sexually explicit images of a minor is deemed to be using child pornography. In most states, possession of child pornography draws several years in prison for each illegal picture or video, along with a lifelong requirement to register as a sex offender. As such, minors who have been convicted of sexting face absurdly harsh prison sentences.
This has set off waves of controversy around the legal world, with lawyers like David Seltzer stating that “I do not believe that our child pornography laws were designed for these situations.” Some states have even considered legalizing the exchange of sexually explicit images between two consenting teenagers. As it stands now, sexting is certainly a grey area in terms of child pornography law.
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Whether you are directly involved with the adult entertainment industry or you simply want to know more about it, it’s important to understand pornography laws in the United States. The most important thing to know is that the laws regarding pornography are fairly generalized, and this generalization has created various loopholes and gaps that both pornography companies and pornography actors can use to their advantage.
Today, we’re going to look at some of the most important aspects of United States pornography law in order to give you a better understanding of the industry’s attitudes towards the legal system. If you are planning to file a lawsuit against someone in the porn industry, or you are defending yourself against a lawsuit, then it’s important to understand the legal framework with which you are working.
United States pornography laws and copyright
Just like any form of media, United States pornography laws pay close attention to the issue of copyright. Porn videos and pictures are treated like standard photography in that the person who photographs the scene possesses sole copyright of the material. This has led to some serious issues.
One of the most serious loopholes in pornography law is seen when a website uploads a copyrighted pornographic video or picture without the consent of the copyright holder. Since the copyright holder is the person holding the camera (or that person’s boss), they are the only ones who can legally request that the copyrighted images and videos be removed. The actors have no legal right to request that these pornographic images and videos be taken down, which has created situations where pornographic content was unlawfully uploaded to a website and left there to damage the reputation of the pornographic actors involved. These actors were not aware that their content would be distributed this way, and experienced damage as a result. Under current American pornography laws, these actors could do nothing but watch helplessly as their images and videos were used and distributed around the internet.
Essentially, today’s pornography laws do not take into account the feelings or attitudes of the actors in the film or video. While these individuals are allowed to file a claim of invasion of privacy or defamation, the costs and logistics of such a lawsuit are often prohibitive, which has left many actors feeling frustrated.
Another problem with pornography laws in the United States in regards to copyright is their stance on replicated material. For example, if one pornography company was to reproduce a similar storyline, script, or situation as a copyrighted video that has already come before it, then the legal framework regarding this situation is surprisingly lacking. In fact, American courts have never addressed questions about the scope of protectable copyrighted expression in pornography, which is a rarity for artistic forms of media.
The stance on ‘obscene’ pornography
Obscene pornography is one of the most controversial issues involving United States pornography laws and the American legal system at large. Obscene pornography includes images and video depicting sexual acts that involve rape, violence, bestiality, and other such forms of pornography. While some people may think that pornography laws would have specific clauses that deal with such actions, this is not necessarily true.
In fact, those who create and distribute obscene pornography – even the most hardcore and violent videos – are rarely prosecuted for their actions. This was established in the case of California v. Freeman. Harold Freeman, a producer and director of pornographic films, was charged with hiring consenting adult actors to star in porn movies. This case occurred in 1987, and can be seen against the wider context of the State of California’s efforts to shut down the pornographic film industry.
While Freeman initially lost his case, and was sentenced to probation, he appealed to the California Supreme Court. After finding that Freeman was entirely within his constitutional and legal rights, the Supreme Court overturned his conviction, declaring that pornography would only be illegal if Freeman had paid the actors for the sole purpose of sexually gratifying himself or the actors, in which case it would be prostitution or pimping. This effectively made hardcore pornography legal in California, and set a precedent that the pornography industry would follow for years to come.
Today, the implications of this case are still being felt. United States pornography laws allow porn companies to produce just about anything, provided that the actors involved are all of legal age. Some people feel this is a significant loophole that requires closing, while most porn companies and libertarian organizations feel that restricting this right would be a violation of an individual’s rights to freedom of speech. As of yet, there have been very few efforts to regulate obscene porn, and the united states pornography laws protect porn companies in just about every situation where the actors are of legal age.
Identity protection in porn law
Due to the unique nature of the porn industry, protecting the identity of the actors involved is extremely important. When online porn started to emerge around 1990, new United States pornography laws were introduced that forced producers to provide sensitive personal information about all actors involved in the pornographic video or picture.
This legislation can be found under Section 2257(a) of Title 18 of the U.S. Code, and it effectively states that any sexually explicit production must include information like the birth dates, full names, and aliases of all the actors involved. This information does not have to be directly included with the pornographic content, although a specific mention of its location must be declared.
Although this legislation was enacted to ensure that no minors would be involved in a pornographic production, it has led to serious problems with legitimate adult porn stars, who now face threats from stalkers, among other things. Meanwhile, legal online porn websites that do not necessarily have the full information details of all the actors involved in their productions (even if they were fully consenting and legal adults) were forced to remove much of their content. Since the law required a copy of the actor’s photographic identification, this was often difficult to obtain, particularly if the video was made a long time ago.
Ultimately, like porn itself, American pornography laws have created controversy over the years. Fortunately, by arming yourself with a good pornography lawyer, you can utilize the legal system to your full advantage in order to win your case.
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Understanding the relationship between pornography and the law is incredibly important for those who are involved with the adult entertainment industry. Whether you’re an actor, producer, user, or a distributor of porn, it’s absolutely vital to understand your rights in terms of copyright, identity protection, and consent.
Pornography and the law – the attitude towards identity protection
Obviously, one of the most important issues with pornography and the law is preventing minors from being depicted engaging in sexual activity. To prevent this from happening, the United States recently introduced legislation which required all pornography companies to include the personal information of all actors involved in pornographic productions.
The stance of pornography and the law on personal information is quite strict, and requires companies to disclose the performer’s name, date of birth, maiden name, aliases, and other such identifying information. This information is then stored in an accessible location, like a record-keeping facility. The location and means to access this information must be attached to all pornographic pictures and videos.
This legislation caused porn producers to declare that such requirements were unconstitutional, and that enacting this legislation would be unduly burdensome for all companies in the adult entertainment industry. Many websites, for example, contained thousands of images and pictures of legally consenting adults, but had not collected every aspect of the performer’s personal data prior to being photographed – even if they were the legal copyright holders of the porn itself. Under this legislation, these websites would be forced to remove a large amount of their content. Despite this claim, the D.C. Circuit upheld this requirement and claimed that the government’s interest in abating child pornography did not conflict with First Amendment rights.
Of course, there is one serious problem with disclosing this personal information: it can fall into the wrong hands. A porn site webmaster, for example, may choose to disclose the personal information of porn stars for a profit. Since the information includes such intimate details as full name, maiden name, and home address, this can pose a serious risk for many porn stars, including stalkers and identity theft.
Copyright, pornography and the law
As with any form of media, copyright, in regards to pornography and the law, is extremely important. If a porn production company cannot hold copyrights over the content it produces, then it lacks the incentive to produce the porn in the first place. However, copyright, pornography and the law are often held back because the Intellectual Property Clause of the U.S. Constitution authorizes copyright protection only on works that promote the progress of science and the useful arts.
However, some people believe there is a fundamental problem with pornography and the law: the copyright is possessed solely by the porn production company, as opposed to any actors that may appear in the video or image. So, if this pornographic content appears on an unauthorized website, the only party that can legally demand its removal is the porn production company itself. This has caused some pornographic actors to be exploited or defamed – particularly if they were unaware on how their content was going to be used and distributed in the first place. Some lawyers go as far as to claim that U.S. copyright, pornography and the law are essentially unregulated, and that pornography produced with violence and coercion are legally acceptable.
This illustrates another issue with pornography and the law: the actors involved must be of legal age, but they do not necessarily need to understand the way in which their content will be distributed, or where their images may be used. Some porn lawyers propose that enacting this requirement would be the first step towards giving porn actors some copyright license over the material that they star in. However, these efforts are strongly opposed by virtually the entire porn industry, which argues that such requirements would violate freedom of speech and would interfere with an economically beneficial relationship between corporations and porn producers.
Furthermore, actors who star in ‘obscene’ pornography, which often involves violence, bestiality, and rape, are subject to these same laws. After the landmark case of California v. Freeman, the state’s ability to regulate pornography was effectively dissolved, allowing porn production companies to have free reign over their images and video. This legislation effectively legalized hardcore pornography in California, and the decision by the Supreme Court of California has been echoed in other courts across the United States.
Pornography and the law – sexually explicit content warning
In addition to the requirements listed above, every pornographic server (i.e. a website or other portal that distributes pornographic videos and pictures) must include a warning relating to the content, privacy, and use of the website. This warning absolves the website of any liability and acknowledges that the user is of sufficient legal age to access pornography in his or her community. It also certifies that the user does not find adults engaging in sexual acts to be offensive or objectionable, and that any violation of existing laws is the sole responsibility of the user.
For all of these reasons, pornography and the law remains a contentious issue in the United States. With libertarian groups and pornography producers defending their rights for free speech and the government declaring that eliminating child pornography is its primary goal, there are bound to be issues at virtually every level of production.
With that in mind, filing a lawsuit against these companies requires the services of a good pornography lawyer, who will walk you through all of the steps needed to file a claim and will help you understand your legal rights as an actor, producer, or distributor of pornography. With new media becoming a more pervasive force in our world every day, it has never been more important to rely on the experience of a pornography lawyer in order to achieve the results that you want.
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As a parent, it has never been more important to understand the laws surrounding pornography. Teenagers are accessing and using pornography in increasingly larger numbers, and some of this pornography can cause serious consequences for your child. With that in mind, here are some of the most important things to know about pornography law for parents.
Sexting and its implications
If you haven’t heard about sexting, it’s when teenagers send or receive sexually explicit pictures or videos using their phones. Usually, these pictures are of the teenagers themselves, although they can eventually be spread to the phones of people who have no connection to the person pictured. While teenagers often treat this as ‘no big deal’, sexting can have serious implications on your child’s future.
As strange as it may seem, your child is considered to be in possession of child pornography if he or she takes a sexually explicit picture of themselves and stores it on their phone. Sending this to another person (even if that person is consenting) is considered distribution of child pornography. In most states, laws involving the usage and distribution of child pornography involve several years in prison and, to make matters worse, the convicted individual must register as a sex offender for the rest of his or her life.
Several teenagers across the United States have been convicted in sexting cases, and, unfortunately, many of these teenagers have been tried as adults and harshly punished for their actions – even if the harm that was inflicted was minimal and the individuals involved consented to send or receive the photographs.
As you can imagine, there has been some backlash against these cases, with everybody from teenagers to parents to lawyers claiming that child pornography laws were not designed to handle cases of sexting. Many argue that states need to update their laws to reflect recent changes in technology, and, fortunately, some states are starting to treat cases of sexting separately from cases of child pornography.
Despite that, it’s still important to educate yourself and your children on the legal dangers of sexting. The problem with technology is that a single explicit image can go viral within minutes, sending images of your son or daughter to cell phones and computers around the world. Prevent this from happening at the source by talking to your child today.
Is it illegal for a minor to access pornography?
It’s no secret that teenagers – particularly male teenagers – are among the largest demographics of internet porn users. However, it is not illegal for minors to buy and view pornography, as in the eyes of the law, that person is incapable of understanding the consequences of his actions.
However, under US code, it is illegal to provide pornography to a minor. So, if an adult store sells pornography to a minor, the person who sold the material to the minor is liable, not the actual minor. Similarly, it is illegal for a parent to provide any sort of pornography to their child. This law is also the reason why many internet porn sites have a warning screen that pops up when you first try to access the site which asks if the user is an adult.
Obviously, this warning screen is not designed to keep anybody out, and it ends up serving as more of a teaser image than a genuine content locker. This means that your children can still ‘illegally’ access pornography online from the comfort of your own home.
Of course, porn sites on the internet are rarely charged with allowing minors to access pornography, which has led some to claim that actions like this are not really illegal at all. After all, if nobody is charging the people involved with these so-called ‘criminal’ activities, then can they really be deemed illegal?
Ultimately, having your child access pornography is not likely to result in any jail time, provided that he or she is not downloading or distributing child pornography. For that reason, the burden of enforcing the legality of online pornography rests largely on you – the parent. While your stance on pornography will depend on your own moral views, you may want to remind your teenager that pornography can be extremely addictive, and that applying certain aspects of pornography to real life can put undue pressure on a relationship. Additionally, some parents find it beneficial to teach their children that there is a huge difference between pornography and sex in real life.
Age of consent for sexual activity
When considering pornography law, it’s important to understand the rules regarding age of consent for sexual activity. Most developed countries list the age of consent as between 16 to 18 years of age, which means that anybody below that age cannot legally give consent for sexual activity.
To help enforce this law, legislation has recently been passed which requires porn producers to store information specifying the identity and birthdate of all performers involved in sexually explicit pictures or videos. This law was implemented to the satisfaction of parents and advocacy groups everywhere, who see any regulation which restricts the appearance of minors in pornography as a good thing. With that in mind, it’s difficult for minors to appear in legal pornography without possessing a convincing form of false identification.
As a parent, it’s important to understand pornography law. Today, pornography is more widespread than ever, and it’s incredibly easy for your child to access it – both intentionally and accidentally. While it’s unlikely that any criminal charges will result from your child viewing pornography online while underage, sexting and other pornography-related crimes have gone to court and resulted in serious consequences.
For all of these reasons, it has never been more important to understand the implications that pornography could have on you and your family. If you’re unsure about how pornography law relates to your situation, contact a lawyer who specializes in pornography-related cases today to find out more.
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Just like any non-explicit videos or pictures, pornography is subject to a number of different regulations. For example, its creators must abide by copyright laws and proof of age legislation, among other things. While some people feel that pornography laws are underdeveloped, others argue that infringing upon the production of pornography is an assault on free speech and the American Constitution.
For that reason, there are a wide range of beliefs about pornography laws. This article will focus on listing the specific regulations by which those who create and distribute pornography must abide, as well as offer a number of areas where the law can be improved.
Copyright pornography laws
One of the most important areas of pornography laws is copyright. Specifically, who has copyright, and what are the rights of the copyright holder? Well, just like photographs, the copyright lies in the hands of the photographer, not the subject of the photograph. With current pornography laws, the person holding the camera (or, in most cases, that person’s boss) is the one who holds the copyright.
As you can imagine, this is a contentious issue in pornography laws. Pornography, unlike a photograph, requires a special level of consent on the part of its subjects and actors. In most cases, these subjects are not simply posing in front of a camera. Instead, they are performing sexually explicit acts that have the potential to cause damage to an individual’s reputation when reproduced in certain forms. When the copyright holder then uses his legally-owned pornography in a way that the actors did not expect, this can draw the ire of adult industry advocates.
Another issue arises if the copyrighted pornography appears on an unauthorized website or other medium. In this situation, only the copyright holder can legally take action against that website, while the actors themselves cannot. The feelings of the actors – or the consequences of having their pornographic images and videos distributed unlawfully – are not taken into consideration.
Of course, the actors can file a complaint under existing privacy and defamation laws, which are an entirely separate field from pornography laws. However, in most cases, the cost and logistics of filing an invasion of privacy claim are prohibitive, which has led many pornographic actors to give up their claim feeling frustrated and infuriated.
For all of these reasons, several pornography lawyers have suggested that, in order to strengthen the copyright laws surrounding pornography, the actors must show their explicit consent of both the sexual acts being committed and the distribution of the content after filming. This will prevent situations where the actors in the pornographic film demonstrated consent and met the legal age requirements, but were unaware of how the film would be used or distributed.
Copyright pornography laws face another problem as well: they rarely address the issue of replicating sex acts and situations found in other pornographic videos. Unlike other media, where replicating a situation or storyline found in other work is seen as copyright infringement, pornography laws rarely address this issue. As of yet, courts have never addressed questions about the scope of protectable copyrighted expression in court, a problem that some porn companies feel is a serious issue.
Identity protection in pornography laws
One of the most serious issues with pornography laws is their treatment of underage actors. Much attention has been given to this issue and, by and large, the people who use underage actors in pornography are prosecuted to the full extent of pornography laws.
Today, pornography laws must walk a fine line between protecting underage actors from exploitation and protecting the identity of adult porn stars. On the one hand, it’s important to ensure that every actor in a porn video or picture is of legal age. On the other hand, legal adult porn stars do not always want their true identity shared with the world.
Recent legislation in pornography laws has forced porn companies to store the records – including full name, aliases, stage name, and birth date – of all performers involved in a pornographic production. While this information does not have to be explicitly attached to the porn video or picture in question, the location at which they may be accessed must be provided. This legislation, which can be found under Section 2257(a) of Title 18 of the U.S. Code, has caused several different problems. Legitimate adult porn stars have been targeted by stalkers, for example, and legal porn sites have been forced to remove thousands of videos and pictures from their websites because they did not attach the full identity and information of the actors involved.
Pornography laws and ‘obscene’ pornography
There are many different kinds of pornography available on the internet, and you might think that there would be separate pornography laws to cover each branch of the industry. However, the pornography laws regarding the legality of various forms of porn are generalized and, in some cases, severely lacking.
One of the main problems with this aspect of pornography laws is that those who produce ‘obscene’ pornography (i.e. hardcore, non-consensual, and rape videos) are rarely prosecuted for their actions. In general, as long as the actors are above 18 years of age, it doesn’t matter what kind of actions they are performing on screen. This means that many pornographic videos which display non-consensual, violent, or dangerous acts remain prevalent on the internet.
Why is there such a loophole in pornography laws? In the landmark case of the State of California v. Freeman, the Supreme Court effectively removed the state’s ability to regulate the production of pornography. During this case, porn producers argued that the government was attempting to interfere in economically beneficial relationships between pornographers and major corporations. Indeed, some of the largest media companies in the world maintain strong ties to pornography – both directly and indirectly.
Since that point, any attempts to regulate ‘obscene’ pornography have drawn the ire of adult entertainment companies. In some cases, porn producers have even challenged laws against obscenity in court, as was seen in Connection Distributing Co. v. Keisler. In that case, efforts to regulate the porn industry were shown to be unconstitutionally burdensome for porn companies, and pornography laws were left in the state they are in now.
Today, the only time porn producers are charged under specific pornography laws are when they use an underage actor in their pictures or videos. For everything else, there is almost an attitude of “anything goes.”
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