2257 Exemption Statement

 

Exemption Statement - Content Produced by Operators: With regard to any visual depictions appearing on Soxphotos LLC dba FantasyPhotoAuctions, for which the operators of Soxphotos LLC dba FantasyPhotoAuctions may be considered “producers,” such depictions are exempt from the provision of 18 U.S.C. §§2257, 2257A and 28 C.F.R. 75 because:

 

1)                       they do not portray actual sexually explicit conduct as specifically defined in 18 U.S.C §2256 (2) (A)(i)-(iv);

2)                       they do not portray depictions of the genitals or pubic area created after July 27, 2006;

3)                       they do not portray simulated sexually explicit activity created after the effective date of Title 18 U.S.C. §2257A; or,

4)                       they were created prior to July 3, 1995.

 

Exemption Statement – Content Produced by Third Parties: The operators of Soxphotos LLC dba FantasyPhotoAuctions are not the “producers” of any depictions of actual or simulated sexually explicit conduct uploaded by its third-party users.  Instead, the activities of the operators of Soxphotos LLC dba FantasyPhotoAuctions, with respect to such content, are limited to the transmission, storage, retrieval, hosting, and/or formatting of depictions posted by third party users, on areas of Soxphotos LLC dba FantasyPhotoAuctions under the users’ control.  The operators are thus exempt from compliance with Section 2257 records keeping or labeling obligations pursuant to 28 C.F.R. §75.1(c)(4). Pursuant to Title 18 U.S.C. §2257(h)(2)(B)(v) and 47 U.S.C. §230(c), the operators of Soxphotos LLC dba FantasyPhotoAuctions reserve the right to delete content posted by users which operators deem to be indecent, obscene, defamatory or inconsistent with their policies and/or terms of service. 

 

Questions regarding this Exemption Statement should be directed to [email protected].