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by Eridrus 578 days ago
I am skeptical that putting a model release requirement in their ToS is sufficient, since the goal here is to have sex offenders be separable from regretful models in court proceedings.

I think this might require a separate law to be meaningfully enforceable since you really want people to be directly liable for the lack of release, rather than having defendants claim "nobody ever reads the ToS or has a release".

At the very least it would probably require very clear messaging from OFs that this is required, such that basically everyone on the platform actually has/is able to produce it.

2 comments

Stock photography sites have figured out how to manage model releases. There's no reason that OF can't do it as well. I think that any model appearing in a video that is released on OF should have an "account" that they can manage their releases as well even if that is a separate account that does not include a normal page for publishing content. If a video is uploaded that does not have each model linked, it is not allowed to be published type of thing
I think this is a great point; I don't think it is widely known (it certainly was not to me) that stock photography sites already have a model release process to reference.
Stock photography sites don't generally provide nudes and sex videos.
Um, have you ever looked at "stock photography sites"? Here's Getty, one of the largest:

NSFW - https://www.gettyimages.com.au/search/2/image?phrase=nude%20...

what's your point?
I wasn't really thinking about regretful models, I was thinking about rape and sexual assault victims. I don't have any firsthand knowledge about any of this stuff, but I imagine that a signed model release and verfied Government ID falls under contract law. I have no idea about how the law would deal with a situation where a model recinds their consent. My guess is that would have to be dealt with in court. However, I do think requiring signed releases and verified Government ID might have prevented the case mentioned in the post... not the rape or sexual assault, but putting the video online, which would have caused even more pain and suffering on the part of the victim.
Right, the point of releases is to separate those who were assaulted from those who were not. Without releases these two groups can appear the same, making prosecution difficult.