Pornographic Drawings

All right, folks! I've been lurking here a while--minor interest in law stemming from a two-year degree in Paralegal--but haven't had anything to either add or posit yet. Now, I guess I do~! So, ah, hi.


Before I start, a few things to specify:

1) The material I'm asking about would originate in New York State, but be transmitted over the internet (I'm not sure where the host would be off-hand).

2) I realize a large difficulty with this sort of thing tends to be finding hosts and advertisers, rather than specific legal issue. I haven't looked into advertising yet, but I believe I know of a sexual-content friendly host.

3) I have no intent of posting anything pornographic to Eccie, 'cause I like them and want to follow the forum guidelines.

With that said:



I'm an artist. I've long been interested in branching into pornographic images, 'cause... well, dude, it sounds like fun. A lot has been said here about the difficulties in dealing with pornographic photos and film.

However, what difficulties can someone drawing pictures that are not supposed to depict someone in particular look forward to?

Is the answer different if they ARE supposed to depict someone particular?

And finally, let's say that I have a personal, non-published pornographic photo of myself and my husband engaging in sexual intercourse. If I trace over this in a photo-editing program (deleting the photographic layer before I'm finished) *explicitly* and for *no other reason* than to dodge the modelling regulations, is *that* going to cause a problem? (I'm not nearly good enough for it to come across as photorealistic. ...also, I'm not generally a fan of tracing, but come on, work with me here. :P)



I mean, from what I'm looking at, it seems likely that what I'm thinking of would fail the Miller Test, given that it's not even TRYING to pretend not to be prurient (and crossing ALL the interstate boundaries to boot!)--but it also kind of seems like folks aren't going out of their way to chase obscenity charges. (There's the fellow who got his manga confiscated by USPS or customs or something a few years back and regretted it--but it kind of seemed like that wouldn't have happened if it hadn't been for the physical nature of the goods, the fact that it portrayed young people, and the fact that it was crossing international boundaries.)

But I haven't actually tried to function in the real world, really, so I'm not sure if there's a ton I'm missing.


So! Legal folks. What do you think I can look forward to?

1- better know what the laws are in your state, where your producing content and the place the hosting server is located
2- finding a hosting service is very easy

Why don't you make it easy on yourself and do it the right way, follow the 2257 regulations and maintain all record keeping, if you need to dodge the modeling regulations and obscenities laws then maybe you shouldn't be doing it in the first place, My advice to you, you better find a attorney that specializes in the adult industry, before you end up in a world of hurt.

...I think it's worth specifying that I'm not actually planning on making money off of this--I just want to share silly doodles with the world. Sinking endless amounts of time and money into establishing myself as a legitimate pornography business is really not feasible.

(I also phrased the third question as extremely as possible to know if there was going to be issues using references. I'm wondering if I made it seem like my whole idea was to trace photos. Which, done consistently, would be bad art and REALLY no fun at all.)


If the answer is not to do it, it's too dangerous, and you WILL get busted on a porny comic, well, that's a bummer; trying hard to make sure everything isn't exclusively for the "prurient interest" sounds like a giant bummer. (Particularly because, yeah, there's also the security of my other endeavor to worry about.) And I hate drawing things and being unable to share them.

But... yeah. Making a full-time business of this isn't gonna be feasible. Eek.

Two thoughts.

Adult sending adult material to another adult is likely not illegal. Especially since the content is a drawing of an adult image. As long as it is not obviously an underage image, should not be an issue.

If you are posting on a website, probably best if the website is for adults only with the appropriate notices.

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http://adultbizlaw.com/

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