Records Keeping Compliance Checklist for European Content Providers

Date: 2011.02.24 | Category: 2257 | Response: 0

More and more European Content Producers are choosing to do business with American. webmasters. While citizens of foreign countries cannot be compelled to comply with United States’ restrictions on the creation of adult material, business realities are forcing foreign content producers to consider voluntary compliance. American webmasters, painfully cognizant of the increasing need to focus on legal compliance, consistently reject foreign content that is not produced in compliance with 18 U.S.C. §2257.  Non-compliant content not only increases the risk that an underage model could slip through, but failure to strictly comply is itself a federal felony, exposing those involved to a 2-year prison term.  Given the substantial compliance motivations involved, foreign content producers are expected to adopt the U.S. requirements as the global standard for creation of sexually explicit imagery.  The following constitutes a bare minimum checklist for compliance with the requirements of Section 2257:

1) Assume that all erotic images require Section 2257 compliance:  While the law only applies to actual “sexually explicit activity,” it is ill-advised for the content producer or the webmaster to attempt to guess which images require compliance, and which can be safely distributed without compliance. Since child pornography does not require the depiction of sexual activity to meet the federal definition, such distinctions can be risky business. And, in any event, a release given by a minor normally is not enforceable.

2) Obtain a signed compliance form created by a competent attorney:  Section 2257 requires that certain records be created containing certain information. The right form is the best place to start.

3) Obtain, at a minimum, the following information from each model:

a.     Date Of Birth

b.     Legal Name

c.     All other names, aliases, nick names, stage names, and maiden names

d.     Social Security Number

e.     Copy of Government-Issued Identification containing a picture; preferably 2 pieces of identification. Note the requirement that the producer actually examine the identification document, not just the copies.

f.       Address, phone and other contact information

g.      The model’s signature

4) Require the model to execute a binding model release prepared by a competent attorney.  The images are only as legal as the model release backing them up.  If all relevant rights have not been transferred and released by a valid model release, both the webmaster and the content producer are subject to claims once the content is displayed on a Web site.

5) Maintain the records so that they are cross-indexed by the models’ legal names and stage names and by web page. Alternatively, provide copies of all records to the webmaster if the webmaster will act as Records Custodian. You need to discuss the particulars of this with an attorney, because each circumstance may be unique.

6) The Records Custodian should maintain an off-site backup copy of the records: What happens if there is a fire or a government seizure?

7) Include a conspicuous records custodian disclosure on all CD’s / DVD’s containing erotic imagery, including the full legal name of the custodian and physical address where the records are kept.  The disclosure should also certify that all models are over the age of 18, and include the date when the content was first created, published or republished.  Placement of the disclosure on the product should be reviewed by an attorney.

Only through strict compliance with the mandates of Section 2257 will American webmasters fully embrace content produced overseas.  The right compliance procedure will open profitable markets for foreign content producers, and result in a wider variety of adult content for both webmasters and consumers.

Article written by Lawrence Walters

Marketing And Building For Women Sites

Date: 2011.02.21 | Category: Promotion, WebDesign | Response: 0

When marketing sites to the female surfer, just how different does the building process become, are there things that you should leave out or add in that you usually wouldn’t for the male adult arena? Hopefully this article will explain this in some more depth.

I have broken this article down into specific segments that should be considered when building your for women sites these are as follows:

Sub Niches

As with every other niche in the adult industry the For Women market has their own individual sub niches. These vary from young guys to older men, couples, stories, fantasy, bondage, cartoons and a whole plethora of other niches all of which are to many mention here. Your chosen niche should reflect in the content you will be using and, more importantly, the content of the pay site to where you are sending the surfer. This is the best time to get a feel for your content and, it alleviates some hardships later on when you realize you have built a site full of hairy guys, only to realize the only site you can send them to is a gay bear site, not the most appealing site for a female surfer to join.

Where Do You Want To Go With This Site?

Are you looking to create a free site for the sole reason of driving traffic to your surfer trap, are you going to make a free site in order to make a sale, are you building a site for an AVS system? These are all decisions that you need to make before you start the building process, planning at this stage will reap its benefits later on. You should also consider the sponsor that you will utilize on the site, are you going to use all pay sites, sex toy sponsors or, will you use a mix, you need to plan this well as you do not want to end up with a site where all of the sponsors you are using end up negating the values of each other.

What Type Of Female Are You Looking To Attract?

Do you want to attract female surfers looking for erotica or, do you want to attract female surfers who are after something else, take a look at some of the female traffic sites, see what each of the sites presented to you offer their female surfers, can your match or better what these sites offer and, more importantly, can you offer something that the female surfer is likely to want?

Content Is King.

As with every other niche you need to pre-select the content that you will use on this site, do you have something that can be used and, used in such a way it generates interest from the surfer, if you are using stories on your site are they appealing, how do the men in the images look? All of these need to be taken into consideration before you start to use your content, if you do not have any content you need to choose some from one of the for women content providers, keep in your budget, make sure the content is right for your needs, not to hardcore but, not to softcore, keep it simple and erotic.

Layout

When creating your galleries be creative, anyone can stick up a 10 pic gallery but it takes a true marketer to place creative text on the page, provide the female surfer with some additional information, make it up if you have to, tell them the model is called Brian, tell them his stats, let them know some more information about the model. This will be more likely to get the women who visit your galleries / sites interested in both the images and, more importantly, the erotic side of the model you are using, if the model is available inside your sponsor pay site, you will more than likely find that the female surfer will want to get more information about the model out of sheer interest alone if nothing else.

Choose Your Marketing Strategies.

Will you be using banners, text links or, other media to sell your for women sponsor? We all know the proliferation of banners on the internet have made them less ‘click-able’ than what they used to be. Use some ‘erotic’ text over banners or, even use text on its own.

Keywords And Relevancy

Keep your smack talk pleasant but to the point, the majority of female surfers would prefer to click on a link that said ‘Steve erotically caressed his penis against her cheeks’ than, ‘Steve shot his hot creamy load all over her face’ see the difference? one is sensual and erotic the other is pure porn, female surfer are mainly erotica driven not porn driven.

Speak To Another Webmaster / Web Mistress.

The for women niche is still relatively untapped at the moment, the people who are catering for this niche know the niche, most of them are female themselves and, as such, will know what works and what does not. How would you speak to a woman you met in public? There is a difference between speaking to a ‘guy’ and speaking to a female. Let this difference also show in your site too. If you have no idea how to market to women, ask one, you can find a message board dedicated to female webmasters at http://www.femalewebmasters.com and i am sure one of the posters there would be happy to help you out.

Design And Practice.

You now have the basics set you should now move onto designing you layout, keep your design simple, keep it neat, don’t over do the ‘female’ aspect of the site, over use of pinks, pastels and similar colors can undo all the preparation work you have just done, be subtle, know you are designing a site for the female surfer but keep it generalize, soft tones in color are not always the best way to use colors. Pink is not always for girls, blue is not always for boys, shades of pastel blue has just as much of a feminine effect as pinks and reds. Choose your color scheme wisely and this will pay off big time.

However you decide to develop your site you should ensure that it melts together nicely, use contrasting colors for your banners, background and text, make sure the content is not too gay looking and that the female surfer knows the site was built specifically for her but, also ensure you have the links visible in case you get surfers from other niches at your site, don’t do yourself out of money just because this is a for women site this is probably the only element that crosses over between niches be they straight, gay or in fact, for women.

Article written by Lee.



Becoming A Webmaster – Communication Home Truths

Date: 2011.02.21 | Category: General | Response: 0

Ok, we are ALL guilty of the things that are going to be mentioned in this article in one way or another, this article isn’t going to be a ‘see I told you so’ session rather an explanation of how and why certain things happen from time to time in the adult industry and, how they can be overcome.

Get ready, his may make you realize the way you have been managing your time this far has been completely and utterly wrong.

Message Boards.

A great tool to the webmaster, virtually every resource site owner and their friend has one but, there is one thing that you are not being told as often as you should about them, they ARE counter productive to YOUR work schedule. Think about it, how often do you access a discussion forum on a daily basis? Two, three, four times? maybe more? That time you could be using more effectively, coming up with new ideas, putting sites together, tweaking your traffic sources etc.

I would whole heartily agree that there IS a need for forums but, at the same time, what would happen if every time we went to post a message we left it and posted a selection of them in some time put aside for doing so? Another thing regarding message boards, they are there to benefit the webmaster, we can let our sponsors know when we have issues, we let other webmasters know when we have issues with them and, we also ask for help and advice, as I say a great tool to the webmaster but also one that should IMHO be used with a little modicum.

Instant Messaging Clients.

Again, another great global communications tool for webmasters, we get in touch with our sponsors, our peers and our friends and family but, how many of us spend countless hours a day conversing back and forth about things that, quite frankly, are of little or no importance? Who can honestly say they have time set aside each day to purely log onto your messaging client to just communicate with people? I know I am guilty of keeping my client on 24/7 and answering messages almost instantly whilst also bugging my peers for idle chit chat.

Email.

The Bain of every webmaster, speaking from personal experience, if I don’t check my email 50 times a day I check it 100, first thing I do in the morning, check my email, last thing I do before I go to bed? Check my email. I realize there is absolutely no need for me to do this but, non the less I do, its almost as if I have become addicted to checking my mail. I’m sorry to say it but, again, this is one thing that we probably couldn’t live without but, we can certainly cut down the time we check our email each day. If I never had to reply to an email again, I would be happy, as it is I get close to 200 business related emails on a daily basis and, lets be honest, I rarely reply to them the same week.

Sponsor Statistics.

Again, another GREAT tool that we are kindly given by our sponsors but, again, even this simple tool can become a Bain to the webmasters workload. How many times do you check your stats on a daily basis? Hell, even I will admit to checking them 3 times a day and, yes, I know even this is to many times. Some sponsors now have stats by email, again, this is better than logging into your stats each day but, it also adds tot he problem with email checking above. Basically, there is only a need to check your stats once a day if that. I used to check them every hour then, for whatever reason, I checked them once a week, then I slowly got back into the phase of checking them morning, noon and, night. The stats are still there every time I look so why do I bother? I guess that’s one of the mysteries of life but, I know I spend far to much time checking them and waiting to see an additional sign up or two on top of what I already have.

Anyway, I’m going to leave this article alone at this point, as, the above would seem to be the most popular methods of wasting time on a daily basis, we all know we waste our time and we all know that what we need to do is manage it better but, how and when, getting our time management sorted out takes time in itself.

Article written by Lee

Think Fresh – Work Smarter

Date: 2011.02.24 | Category: General | Response: 0

We have all experienced it at some point in our webmaster career, more often than not though, we hear about it all the time. What is it? Wanting to give in when we hit that proverbial brick wall.

Hopefully this article can offer you some help and advice when it comes to getting your sales back on track or, even getting them started at all.

Ask For Help.

The one thing that amazes me about this industry is that despite the fact we are all business competitors we are all (mostly) willing to help other webmasters out for little or nothing in return. if you hit that brick wall then imply ask for some help.

As webmasters we have a barrage of free tools readily available to us for asking the advice of others whether it is in email from your sponsors support reps, icq or even on the many industry related chat boards, by actually spending sometime to help yourself by asking others you can often see things from a new perspective and, get advice as to why thing that should be working are not.

Start Over.

So you have been doing this webmaster job for the last few months submitting to the TGP’s, building free and AVS sites but you still haven’t made a dime, something is wrong somewhere but how do you pinpoint the error? By far the easiest way to find out what is wrong is to start afresh. Head over to one of the webmaster resource sites and see what others are doing ask for advice and feedback on your sites and learn from the experiences they tell you about. Just because you might have heard the same information before doesn’t mean you shouldn’t ask about it, often one webmaster will be able to tell you an alternate way of doing something that another webmaster is. One of the best ways to get a grasp on this learning curve is to read articles and tutorials, there are thousands of them on the net from HTML to Programming and everything in-between emulate the information contained in these articles and adjust that same information to suit your needs.

Don’t Stagnate.

If you are not having success at the AVS side of the business try something else, you already have a good base for building free sites and even TGP’s just because you have never tried using these sources of traffic and income doesn’t mean you wont be any good at them.

If traffic is your problem as mentioned above, ask others where they get their traffic from and how they built it up, learn to start small and grow instead of running head first into millions of hits a month that are being wasted.

Research The Industry.

If you are thinking of quitting, before you do spend a day or two just doing a little background research in the industry, its no secret that webmasters who join the online industry today have to work two or three times harder than our peers who joined several years ago, this is and always has been true in any business. By researching the industry you should be able to find out how others that joined before you failed and, more importantly, WHY they failed, learn from those experiences.

Finally.

No matter how hard and meaningless you find the work stick at it, just because you are not making any sales it doesn’t mean you wont make any sales tomorrow or even next week / month / year. Keep turning those sites out and, soon enough, when you least expect it you’ll make a sale and, you know what… the euphoric feeling you will get will be more than enough to make you realize that you HAVE been doing something right all along.

Article written by Lee

Saving Time Online – Shortcut Keys

Date: 2011.02.24 | Category: General | Response: 0

The one thing that i have started to do just lately is use shortcut keys. These are actually very easy to get used to and, will save you a lot of effort over a period of time.

Below you will find a list of the more common shortcut keys in both Windows and Internet Explorer.

Even if you get used to using one or two of these shortcut keys you will notice the time you start save over a week, hell, i don’t even type the whole domain into my IE address bar anymore!

Here are the shortcuts for Windows along with the description of what they do:

Alt + F – File menu options in current program.
Alt + E – Edit options in current program
F1 – Universal Help.
Ctrl + A – Select all text.
Ctrl + X – Cut selected item.
Shift + Del – Cut selected item.
Ctrl + C – Copy selected item.
Ctrl + Ins – Copy selected item
Ctrl + V – Paste
Shift + Ins – Paste
Home – Goes to beginning of current line.
Ctrl + Home – Goes to beginning of document.
End – Goes to end of current line.
Ctrl + End – Goes to end of document.
Shift + Home – Highlights from current position to beginning of line.
Shift + End – Highlights from current position to end of line.
Ctrl + Left – Moves one word to the left at a time.
Ctrl + Right – Moves one word to the right at a time.
Ctrl + Backspace – Delete word to the left of cursor.
Ctrl + Del – Delete word to the right of cursor.
Alt + Tab – Switch between open applications.
Alt + Shift + Tab – Switch backwards between open applications.
Ctrl + Esc – Bring Up start button.
Alt + Esc – Switch Between open applications on taskbar.
F2 – Renames selected Icon
F3 – Starts find from desktop
F4 – Opens the drive selection when browsing.
F5 – Refresh Contents
Alt + F4 – Closes Current open program.
Ctrl + F4 – Closes Window in Program
Alt + Enter – Opens properties window of Selected icon or program.
Shift + F10 – Simulates right click on selected item.
Shift + Del – Delete programs/files without throwing into the recycle bin.
Holding Shift – Boot safe mode or by pass system files.
Holding Shift – When putting in an audio cd will prevent CD Player from playing.

The following list are shortcut keys when using Internet Explorer:

Alt + Left – Back a page.
Alt + Right – Forward a page.
F5 – Refresh current page / frame.
Esc – Stop page or download from loading.
Ctrl + Enter – Quickly complete an address.
Ctrl + N – Open New browser window.
Ctrl + P – Print current page / frame.

Hopefully this list of shortcut keys will get you saving some time even if its just a few minutes a day. After all, we all know the one thing webmasters need more of is time.

Article written by Lee

Bandwidth Explained

Date: 2011.02.21 | Category: Hosting | Response: 0

Bandwidth is the total amount of data that can be sent in a given time between two computer devices. The more bandwidth that is available, the faster the server.

Any webmaster expecting a decent amount of traffic to their adult site will require a web hosting package that includes a large amount of bandwidth. This is so important, especially with the growth of your online business and, ultimately your sites. The more bandwidth your server has, the larger the number of surfers who will be able to view it at the same time, and the access it quickly will be. If you don’t have enough bandwidth, surfers will not be able to access your site as quickly, and that may turn them off which in turn, will mean they will leave your site.

For this reason alone, it is important to select a hosting company that can offer you a great deal of bandwidth. As an example, larger hosting providers will have T1 lines or fiber-optic relays to access the Internet; these will provide a fair amount bandwidth. Another way is to get a dedicated server which, in turn, gives you exclusive access to your server’s connectivity instead of sharing it with others, as such allowing for maximum hardware performance.

To calculate your bandwidth needs, you must know how large each page on your site is, including the graphics and any script usage you may have. Then, you multiply that by the number of views you expect the site to get every month.

For example, say you have three 5k images on your page and a 2k HTML file – you would have 17k of data on that page. Multiply that by your expected page views (let’s say in this case it is 100,000 per month), and you get 1.7 G of data to be transferred that month for that page alone. Now calculate this for each page, and you will know approximately how much bandwidth your entire site requires.

The best way of using bandwidth efficiently is to keep the size of your html pages low. In other words, ensure your HTML programming is adequate enough to use minimal amounts of coding for the purpose you want and, that your photos and graphics are small. To reduce photo file sizes you should always use JPEG format, which can reduce files up to 5% of its original size. Make sure to use the GIF format for graphics, as opposed to TIFFs or BMPs, which are generally much larger in file size.

If you attach URLs to your IMG SRC that link to another person’s images without their permission, this is known throughout the online industry as hotlinking which, costs the person you are linking the image of money and not yourself. For this reason, hotlinking, is looked upon dimly.

The unfortunate truth is that hotlinking is rife in the online industry. However, lets not let that deter you, by utilizing a file called .htaccess on your server, you can prevent other dishonest webmasters hotlinking your images.

As with most things in this industry, you need to shop around to find the best prices available to you. However, that said, as a general rule of thumb, a gig of transfer can cost between $1 and $5 these are usually thought to be good prices for a gig of bandwidth. You can also get certain hosting packages that have a specific amount of bandwidth included in the price, however, the one draw back of these types of deals is that, if you go over that limit, you will either need to pay and excess bandwidth usage fee or, upgrade your hosting plan.

Article Written By Lee

Mirroring Adult Sites – Stage Three

Date: 2011.02.23 | Category: Promotion, Tutorials | Response: 0

So we hit stage three of our tutorial in this stage we are going to make some pages for our top 5 AVS systems. However, as we did in the last tutorial with the new TGP galleries we created we are going to use the same content and same pages that we have already built. On with the tutorial…

Anyone who build AVS sites will know that you need to have a standard site layout. This usually consists of an entry page (or a warning page), a navigational page (or in our case our menu.html page) and some gallery pages.

So the first thing we need to do is open up the warning page. Once this page has been opened we now need to do some editing of the page, what I would suggest is moving the warning text to the lower half of the page and at the top making some ‘juicy’ sales text, depending on the niche you are targeting with this site you may also like to add a couple of the original thumbnail images at the VERY top of your page however, these should NOT be linked to the full size image.

Once you have edited your page to a reasonable standard for the AVS you now need to save this page in the /FreeSite/AVS/ folder that you originally created on your HD. I would suggest saving the page as something like avs1.html or the name of the AVS you will be using this page for.

Once you have done this you now need to duplicate this page but save it as a different name in again, in the /FreeSite/AVS/ folder so you will end up with avs1.html, avs2.html, etc.

At the moment these AVS pages have no AVS script on them so, we need to visit the AVS system we are going to be using and fill out the details to have the AVS generate an AVS signup page script for us. Once we have the coding that the AVS provides we now have to place this on our avs1.html page. You should repeat this for each of the AVS’s you wish to use and save each instance of the generated AVS script to a separate AVS*.html page.

be aware, that when you are putting your information into the AVS to generate the script, you should enter the ‘members area url’ as the page we created for our navigation so, the AVS script location will be /FreeSite/AVS/avs1.html and, the members area page will be, /FreeSite/Menu/menu.html.

Once you have placed the script on our avs.html pages you should now have the following sites ready:

1) 50 Pic Free Site With Pics On HTML Pages.
2) 5 TGP Galleries With Pics On HTML Pages.
3) 5 AVS Entry Pages.

Now we are starting to see how using one set of content can amount to a mass of sites all of which can be sending traffic to our sponsors and, to our surfer trap.

This is where stage three of our tutorial ends however, in our next tutorial we will continue to make some more sites and in an effort to get some traffic we start to play with the ones we have currently created.

Article written by Lee

Converting German Adult Traffic – The Niche Paysites That Work

Date: 2011.02.21 | Category: Traffic | Response: 0

With the rapid development of US companies and webmasters looking to attract a larger percentage of international surfers and, wanting to make money off these surfers I thought it would be an idea to share the most prevalent niches for each of the international markets country specific surfers. In this first article we will take a look at the niches which convert best on German oriented surfer traffic.

German Traffic – Dispelling The Myths.

First and foremost I think it would be a good idea to let you know that, strangely enough, not all German surfers are looking for kinky, in your face sex, in fact, they pretty much have the same tendencies towards their online porn as US based surfers do, with that in mind, lets take a look at some of the niches that do convert well on German traffic.

German Traffic – The Niches.

As with any type of surfer the best way of getting them to convert is to start targeting them from the second they hit your site using Full Page Ads, localized text links and, consoles, over the last 3 (three) months we found that the niches which converted best on German porn surfers were as follows.

Amateur.

The German adult surfers we sent to several amateur sites, including live web-cam sites and paysites converted exceptionally well, it would certainly seem from the last three months of stats that German porn surfers like the ‘amateur’ porn angle when it comes to satisfying themselves online.

Teen.

As with the US adult surfer, it would appear that the teen niche is truly a global requisite in fact, the teen niche was one of our best converting niches across the globe when we analyzed our international traffic conversion ratios.

Gay.

To our surprise the little German traffic we did send to localized German gay sites converted at less than 1:75, bearing in mind that the best converting niche for us was Teen and, that the specific site we sent the teen traffic to converted overall at around 1:138 we will be targeting a lot more German gay traffic in the future.

Fetish.

No mystery here, when we started our filtering process we ensured that the various fetish niches were high on our filtering list, after all, everyone seems to know that German porn surfers are looking for the hard to find hardcore scene and, the general fetish niche seemed to work wonderfully.

Ebony.

The ebony niche was a vary profitable one for the traffic we filtered to it, in summary, my personal feelings are that it converted so well because ebony men and women in Germany are very few and far between, again the results for this niche would seem to back-up the fact that giving Germans access to something that might be ‘taboo’ in their country converts their traffic well.

Other Niches.

In addition to the above niches which converted above and beyond the others we used we did get a few sales to some more micro-niched paysites for example, BBW, Asian, Cumshot and General Hardcore sites had around 3-5 sales per site, per pay period. Given that we did not target this type of traffic as effectively as we could have done and, that the traffic was from TGP’s and Geo Targeted Traffic Brokers we were happy with the results we saw.

German Adult Traffic – The Results.

It would seem, given our results from the 3 month test we ran on our traffic that the top converting niches for German adult surfers are the Amateur, Teen and Gay niches. Although, the rest of the niches we filtered out our traffic to did not convert as we would have hoped we still saw a good rate of sales month on month from the previous pay period.

When all is said and done, as long as you have German porn surfers on your sites you would be wise to start spreading and filtering this traffic to some niches that, perhaps you wouldn’t have ordinarily targeted after all, a sale is more money in your pocket, whether you know the niche or not.

Article written by Le

Do You Keep The Surfers Attention?

Date: 2011.02.22 | Category: Traffic, WebDesign | Response: 0

A new discovery says that people are born to respond to information a certain way. It also indicates that when we use our in-born or natural style to process information, we relax and feel good. The same research also indicates that 92% of thousands tested have changed that style to one they think works better. The change causes stress. So 92% of the viewers of your site are stressed. Because people often visit your site and click off almost instantly, you face the problem of getting their attention and keeping it long enough to persuade them to buy.

The fact is that people today have shortened attention spans. If you don’t get them in the first few seconds, you lose them! You can either build a terrific web site — or just end up with “click thrus.” Many site owners think it enhances a site to add animation or cool sounds. But the answer is to make your site appeal to the individual. Great sites of the future will know how to “individualize” their message.

Even though we all have to learn how to use a computer, high tech has not made people think the same way. You are not battling high technology; you are fighting to keep the attention of three (3) basic in-born styles. This may sound overwhelming, but it is really a simple matter of anticipating a viewer’s response before he or she gets to your site. Anticipation of responses makes or breaks your site.

So how do you anticipate how a viewer responds before it happens? It is really simple. You start by learning how you personally respond to information. Why is this the beginning place? It is because you and the way you react when receiving or giving out information influences everything about your site. Next you learn about the other ways people respond to information. It is easy to begin anticipating reactions as you get a whole new perspective on how people are born to process information. Things start to make sense to you and people are no longer such a mystery.

These conclusions are drawn after over 20 years of research. The research verifies that it is possible to appeal to most views rather than 2 – 4 in a thousand. So, when someone tells you how to write killer copy, or make your site jazzy with new technology, you are hearing from only one of the basic in-born styles. Take everything with a grain of salt until you evaluate it according to the simple guide that lets you appeal to ALL styles rather than only one.

Article written by Lee

Obscenity – Put It To The Test

Date: 2011.02.23 | Category: Writing | Response: 0

Regardless of how long any of us have been an adult webmaster we all need to be
aware of obscenity laws and, in particular how they affect our businesses
whether we think a hardcore photoset is ‘obscene’ or not ultimately, if you get
taken to court on obscenity charges the one thing you should be aware of is how
the courts will decide whether the images you are using will be classified as
obscene or not.

Testing Obscenity – The Miller Test.

The Miller test was developed in the 1973 court case of Miller vs. California
and in comprises of three parts ALL of which MUST be satisfied on order for
something to be deemed obscene by the courts. The Miller test is the ‘official’
method used by the United States Supreme Court for determining whether an
expression or a speech can be determined as obscene and, if deemed obscene, it
is not protected under the First Amendment and is therefore prohibited by law.

The Miller Test – Part One.

Part one of The Miller Test states something may be obscene if ‘the average
person, applying contemporary adult community standards, would find that the
work, taken as a whole, appeals to the prurient interest’ In essence, this
means that if the ‘average’ person on a jury or on the bench finds the work to
be deemed obscene then, it is. However for the court to rule something as
obscene it also has to be deemed obscene by the standards set in part two and
part three below.

The Miller Test – Part Two.

Part two of The Miller Test states that something is potentially obscene is
‘the average person, applying contemporary adult community standards, would
find that the work depicts or describes, in a patently offensive way, sexual
conduct’. Basically this is saying that if the images or speech is something
which is not practiced in a manner befitting your local community standards
then again, it may be obscene. However, as with part one of The Miller Test for
a court to find something obscene it needs to fall below the standards in part
three below.

The Miller Test – Part Three.

Part three of The Miller Test states that something is potentially obscene if,
‘a reasonable person would find that the work, taken as a whole, lacks serious
literary, artistic, political, or scientific value.’ This is pretty much where
you could potentially come unstuck after all, everyone has different sexual
tastes and because of this, just because something that may be widespread such
as ‘bare backing’ (to use as an example) could potentially be considered as
obscene if you happen to have a jury who are devout practicers of safe sex.

The Miller Test – Overview.

In essence The Miller Test is a useful guideline for webmasters when it comes
to operating our sites and specifically, when it comes to choosing the types of
content we utilize on them however, for the most part The Miller Test itself is
outdated. Since the early 70’s when this test was devised there have been many
sexual practices that were once deemed obscene that have become more a part of
everyday life and accepted in to society as whole thus, what once would (or
could) have been deemed obscene would no longer be in the same sense as
something that may be deemed obscene today could be found not to be in 5 years
time.

Article written by Lee