Topic: When NSFW art created before 18 is posted after turning 18, what happens?

Posted under Tag/Wiki Projects and Questions

I'm curious about what would happen if an artist's NSFW work created before they turned 18 was posted after they turned 18. Would it remain posted or be deleted? It seems tricky to verify the timing of when they created it relative to their age.

We do not accept any art created by minors, even after the artist turns 18, even if it is SFW.

Basic stance is that anything involving real life minor, is nono.

purocurry said:
I'm curious about what would happen if an artist's NSFW work created before they turned 18 was posted after they turned 18. Would it remain posted or be deleted? It seems tricky to verify the timing of when they created it relative to their age.

It's basically impossible to determine creation date of art, so it's considered to be the time of posting, unless some other data comes up.
I know many artists who have NSFW collection and then just share it immidiately after turning 18, but there's only circumstantial evidence like artist doing couple fully done artworks a day.

gattonero2001 said:
We do not accept any art created by minors, even after the artist turns 18, even if it is SFW.

I believe if it is SFW artwork from artist that's now 18 and posted here today, it should still be fine as artist can access this website legally and it's not pornographic material created by minor?
But then if that's posted before the artist is 18, then nothing by the artist can be posted before they ID with the staff and all of their stuff before they turned 18 stays deleted.

mairo said:

I believe if it is SFW artwork from artist that's now 18 and posted here today, it should still be fine as artist can access this website legally and it's not pornographic material created by minor?
But then if that's posted before the artist is 18, then nothing by the artist can be posted before they ID with the staff and all of their stuff before they turned 18 stays deleted.

I believe that if the artist says or suggests that the artwork was created before they were 18 (no matter the date of when that artwork was posted), then it would be deleted no matter what (whether sfw or not)

mairo said:
I believe if it is SFW artwork from artist that's now 18 and posted here today, it should still be fine as artist can access this website legally and it's not pornographic material created by minor?

It isn't (purely) a legal matter, it's a policy
We don't ever allow content that was made by a minor, regardless of what that content is or what their current age is

donovan_dmc said:
It isn't (purely) a legal matter

It kinda is, this is just to prevent any content potentially falling into any legal gray areas

Updated

donovan_dmc said:
It isn't (purely) a legal matter, it's a policy
We don't ever allow content that was made by a minor, regardless of what that content is or what their current age is

i'd still like to know why that policy exists. like, what happened that made us need that, especially if there's a non-legal reason as well.

snpthecat said:
It kinda is, this is just to prevent any content potentially falling into any legal gray areas

We have it as a policy and we don't say the policy exists only because of legality so no, it isn't purely a legal matter

Many of us are generally uncomfortable with art made by minors being here at all, and there's that legal grey area we don't want to explore
I'm going to reiterate that it still isn't only a legal matter, we very likely would still have this policy if that legal grey area wasn't a thing

Updated

Honestly the couple times I found it happening their presence was being used as a way for creepy adults to contact the minor. The best case scenario is it gets posted and doesn't attract any attention. It's just not worth it.

donovan_dmc said:
It isn't (purely) a legal matter, it's a policy
We don't ever allow content that was made by a minor, regardless of what that content is or what their current age is

That's mostly true, but apparently there are edge cases. EX: an adult is allowed to use a minor's art as a base sketch to create new artwork based off of it. See ticket 118898

I thought it would be considered fruit of the poisonous tree, but there were quite a few people that disagreed. I don't remember what thread that was in though.

Based off of the staff response to this thread, perhaps the outcome of the ticket should be reconsidered?

Updated

kyiiel said:
That's mostly true, but apparently there are edge cases. EX: an adult is allowed to use a minor's art as a base sketch to create new artwork based off of it. See ticket #118898

I'd also argue that the original creator of the featured character was, and still is a minor, and I think we similarly don't allow depictions of characters whose owners are underage. although WotC probably owns the rights to the character at this point, so, I'm not sure how that shakes out.

alphamule

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donovan_dmc said:
We have it as a policy and we don't say the policy exists only because of legality so no, it isn't purely a legal matter

There's the political angle as well. It's better to not have to deal with likely future legal issues in the first place. It actually kind of sucks that I've seen that come up so many times. Like, the auto industry and documentation because they didn't want laws forcing them to do it. The compliance costs are often a kind of punishment to all sides for making bureaucrats work in those cases. ;)

I still say it was a mistake to allow minors at all on FA and similar sites. One site I'm on does a trolling test to get people to admit to not being allowed on the site, haha. The saving grace is that we don't have to magically look over someone's shoulder (retroactively!) to know when they made something. Otherwise it would be onerous to enforce since you'd basically have to remove almost everything until you somehow investigated nearly 5 million images' history. It's usually obvious, though?

wwwwwwwww

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gattonero2001 said:
We do not accept any art created by minors, even after the artist turns 18, even if it is SFW.

rip that kiss the boys music video that went off on here before it came out the dude who made it was 17 and it got deleted

wait, actually that one didn't have any explicit content. is non-explicit content created by a minor still not allowed when the person turns 18?

wwwwwwwww said:

wait, actually that one didn't have any explicit content. is non-explicit content created by a minor still not allowed when the person turns 18?

Anything with involvement of a rl minor is prohibited.

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