Legal query: What constitutes an 'actual human'?

[OhJo]

So I'm doing preliminary research for my upcoming novel, BUT I am running into the quagmire of the American Empire's 'laws'.

Using DAZ, like so many of you, I am rendering sweet - and less sweet - scenes. My characters - like myself - live in the Netherlands and engage in behaviours that would make Puritan panties drop. Pearl clutching stuff, you get the idea. Nothing that is illegal in the Netherlands, and all consent^h^h^h^h^h^h^h adults - paedophilia should be illegal. Oh wait, never mind.
But no. I read some Imperial law that tells me I am 'required to keep records' of 'actual humans'. Which brings me to my question:

Are my very obviously (unfortunately) fake humans considered 'actual humans', and do I need to include some nonsensical 'consent form' for all of my characters? Or can I keep my darlings with me, in the virtual Netherlands, where incest is legal and most drugs are too. Not that these are going to be main themes in my novel, but I want to know what freedom I have, and how likely it is that the Rogue States of America will pursue me - by their laws.

I fancy myself an outlaw, but I don't want to get a bunch of people (including the management of this place) in trouble.

 

[redknight00]

To my understanding, if you're in Netherlands and publishing there, that's all the laws you need to worry, if you're publishing in the USA the rights don't cover fictional human beings unless you stumble in some other law (such as using the likeness of real human beings, especially underage). Though more than the law, you need to worry about where you are hosting such content, because they usually have higher bars than the actual law, like Patreon bans fictional incest in some cases of porn despite being legal in some states for humans and mostly legal for fictional being afaik.

 

[Eoin]

You should be fine, as long as you don't put your game on anything that is hosted in the USA, or has in their terms and conditions that they conform to US laws (and get caught).

Just worry about the laws of your own country, and you'll be grand.

 

[OhJo]

Thank you both for alleviating my concerns! Your interpretations make sense to me, but I was skeptical of trusting my sense when it comes to US law, so definitely appreciate the replies.

I have a local provider/data centre on hand to pick up that task, I'll ask them about how they'd react to potential complaints.

 

[whiskeyrose]

No idea about the laws of the Netherlands, but since it's the EU and they're cracking down on things (or so I hear, idk).

I think the only risk when it comes to fake-people is in regards to children and sex acts. Loli is still a bit of a grey area in US law at least. While rarely prosecuted, there are a few landmark cases that give it risk.

You must be registered to see the links

(isn't there a few simpson games on this site?).

You must be registered to see the links

for having porn of The Incredibles (I assume Dash and whatever the daughter's name is) and Power Puff Girls.

You must be registered to see the links

for having doujins of Magical Lyrical Girl Nanoha.

So not convicted on the regular, but its a risk. I assume an even bigger risk for people making the stuff. And needless to say, against the rules of f95 to have loli and shota content (I think).

In regards to mutilating characters and what have you, go for it. Normal vidya and movies have incredible amounts of violence, have at it.

 

[OhJo]

Thanks Whiskey. Yeah, I have no interest in loli's or w/e, this really is mostly an inquiry so I know what laws apply. If it's Dutch law, that gives me a ton of freedom. As for the EU, I have certain opinions on them and where their laws should go. I just don't want the US to sanction me, haha.

Appreciate the interpretation!

If - at some unfortunate point in a potential plot - one of my characters were either to suffer undesirable consequences of earlier choices, or meet some crazy axe-wielding maniac, I don't want to be in the legal equivalent of bovine faeces.

 

[whiskeyrose]

Thanks Whiskey. Yeah, I have no interest in loli's or w/e, this really is mostly an inquiry so I know what laws apply. If it's Dutch law, that gives me a ton of freedom. As for the EU, I have certain opinions on them and where their laws should go. I just don't want the US to sanction me, haha.

Appreciate the interpretation!

If - at some unfortunate point in a potential plot - one of my characters were either to suffer undesirable consequences of earlier choices, or meet some crazy axe-wielding maniac, I don't want to be in the legal equivalent of bovine faeces.

Seriously doubt you would face legal consequences, though it would be up to the players if they appreciate it. I personally don't like grotesque violence in my porn, but I am not everyone.

On the same note however,

You must be registered to see the links

. So tangentially related to your question.

 

[OhJo]

Me neither, but if push comes to shove, I'd like to have the legal freedom to use that. Of course, only as the narrative and audience permit/desire.

I personally don't like grotesque violence in my porn, but I am not everyone.

Hah, I read about this. Rather specious argument, but as 'workplace violence' the complaint makes sense. I wonder what will come of it in the end.

On the same note however,

You must be registered to see the links

. So tangentially related to your question.

 

[215303j]

I suppose you could render a scene where your characters sign a consent form...

But I am wondering how devs from the US deal with this matter.

On the same note however,

You must be registered to see the links

. So tangentially related to your question.

It seems he got stuck on guard duty for a weekend as "punishment".
The actual offense was disregarding the training.
Which makes sense, I guess.
If your employer thinks it's a good idea that you follow a training course, then sleeping through it also won't get you many friends. This kind of thing is of course even more important in a place where discipline is important, like the army.

 

[OhJo]

Haha, could put in a bit of anti-puritanism re: law, but I am personally turned off when I read a comic/graphic novel that includes a page of that.

As an Easter egg, hmm..

I suppose you could render a scene where your characters sign a consent form...

Me too.

But I am wondering how devs from the US deal with this matter.

 

[215303j]

Haha, could put in a bit of anti-puritanism re: law, but I am personally turned off when I read a comic/graphic novel that includes a page of that.

As an Easter egg, hmm..

Now I am thinking of a scene where twin girls have to declare on paper that they are actually not twins but only step-roommates in order to get the part in the game. Then they walk out, kiss each other and complain about all the hoops that they have to jump through just to get a job.

 

[anne O'nymous]

I just don't want the US to sanction me, haha.

You depend of the Law of your country of residence, and that's all. People who goes to Amsterdam because they love coffee (it's for the beverage, right ?) do nothing illegal. Whatever how many proof they can have of what they did there, they are completely safe once they return in their country ; well as long as they don't come back with... well, that should be coffee beans (still right ?).
The worse that can happen to you is that an US site remove your game because its illegal for them to host such content. Some will perhaps try to intimidate you, but that's nothing more than this ; some don't even do it to intimidate you but just because their legal team are stupid and don't understand that you can use the site without being an US resident (happened to me once, I had a really dense one who asked me twice in which state is the town of France).

 

[215303j]

I had a really dense one who asked me twice in which state is the town of France

Fantastic!

 

[OhJo]

Merci, Anne! We do have great coffee, you are quite right.

Alright, I guess that legal intimidation worked on me before I even started, it is good to know my rights and obligations.

 

[recreation]

Now I wonder what happens when I come over to the netherlands just to release my game. We are neighbors after all and I could bring my own coffee xD

 

[polywog]

Most people agree (religious fanatics aside) that life begins and ends with breath. The book of Genesis 2:7 And the Lord God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.
One legal interpretation of this, states that a fetus has not yet breathed life.
Fictional characters don't breath, even if we supply them with idle animations that make it appear that they are breathing.

 

[kiteares]

Now I wonder what happens when I come over to the netherlands just to release my game. We are neighbors after all and I could bring my own coffee xD

If there's coffee up for grabs, count me in!! Better make it quick before Maggie (May) buys Trumps unused walls...

On the subject, in the UK (incase you hadn't guessed where I am), I've been looking through some of the recent laws regarding adult material.
It seems we are heading more in the direction of the US - violence is fine, people having sex is evil.
However, one particular aspect jumped out at me, the laws around bestiality. If it is pictures or video of an real person have sex with a real animal it is illegal to make, transmit, store, etc. If it is a depiction using non-real people and animals it's is legal, non-real includes painting, drawing, cartoons, 3d models either virtual like Daz or real such as sculptures, etc.
Funnily there is nothing similar that I have come across regarding incest* or even UA.
There isn't a specific incest law in the UK, that I could find anymore, it is all lumped under the sex offences laws covering everything and it seems the most important aspect is whether it's consenting adults or not. There is also laws around who is allowed to marry under UK law, IIRC the closest relation is 1st cousin.
The trouble with UA there are many different ages to consent to sex in Japan I believe it is 13, in the UK 16, yet to appear in adult material in the US the min age is 18. However there is a film (one of the first of this actress, who notoriously got naked in most of hers, but I can't remember her name) that showed full frontal nudity of a 15 year old girl, but the BBFC didn't have an issue with it, I don't have their email anymore, but it was a pathetic reason when I contacted them! It wasn't long after my contact, that the director was arrested and charged in Itally (IIRC) for sex offences including harressment and UA.

Sorry went off on a tangent, in answer to the OP, if it were me producing and storing in the UK I would regard 'real people' as any photos or videos taken of live (breathing) models posing or carrying out the acts depicted. I would say taking said photos and running them through image software and cartoonising (or trying to make them look unreal in anyway) would be a very grey area.