"Insofar as it is offensive but not likely to be circulated except to titillate someone"
So, it is not the intent of the creator, but the intent of the distribution network that determines what is and is not pornography?
So, my mother made movies of my brother, sisters, and myself when we were kids. Although she had no intent to titillate, if this were distributed in a network of pedophiles it would be pornography. Correct?
Thus, if I were abused as a child and documented this, regardless of my intent, it would become pornography if it were distributed with intent to titillate. And, since it is up to the courts to determine intent of the distributors, according to community standards, anybody distributing my work would be risking such a ruling. It seems to me that this would inhibit distribution of my work, regardless of my intent. |
