Yes, Snuff Films are 100% illegal, no matter where or in what sense we’re talking about. The law says, if it is real, it is absolutely illegal, no two ways about that. But many of you may be wondering about what exactly a snuff film is and the legality of it all, so let’s talk about it a bit more, shall we?
What Exactly Is a Snuff Film?
Before anything else, let’s get to know it a little better, so, a snuff film is a video that depicts the killing of a real person or their suicide and is recorded specifically to shock or amuse. There are people who think that these movies are made for money or for the sake of a so-called ‘dirty’ pleasure, rather than being evidence of a crime. The term snuff is a reference to “to put out,” as when you put out a candle; here, it is referring to the termination of a life. Plain and simple, yet horrifying in reality.
Almost all snuff films that people talk about are actually fakes. They are just horror movies that use makeup and camera tricks to give the illusion of reality. The concept of snuff films that are actually happening has been used as a reference for many years, but the thing really is that there is no evidence of a “snuff industry” existing in any place.
The Backstory of Snuff Films
Alrighty, so, in the early 1970s, people first heard about snuff films. It was in 1971, with Ed Sanders’s book about the Manson family, that the idea of such films was mentioned by him. Then, a 1976 movie named Snuff came out. Well, this was the very one that gave the impression that a live brutal killing was being shown. The movie was definitely not real, but the way it was sold made the audience believe it was an actual happening, and, as a result, there was a lot of terror.
Though from there on, yes, Snuff films have since been more of a legend than an actual thing.
The Law Says: Snuff Films Are Completely Illegal in the U.S.
Sure enough, first of all, it is worth pointing out that real snuff films are absolutely illegal in the United States. No two ways about that! A recording of a murder is itself a crime, and later sharing that footage is an offense as well.
The bureau takes action against all those involved in the production, trading, or even holding of a real snuff film in any way, be it internet, the street, or the dark web. Or anything like that!
Only the fakes, like horror films made with actors and effects, are legal. Films such as Cannibal Holocaust or August Underground might seem frightfully authentic, but no one was injured. That is the reason why they are permitted to be sold.
In short: If it’s real, it’s illegal.
Can You Copyright a Snuff Film?
Now here’s an odd one, and many of you may already be wondering like could a snuff film even be copyrighted?
As per the research published in the Yale Journal of Law and Technology, the copyright law in the U.S. does not impose an automatic denial to works that are immoral or illegal. The law only requires the content to be original and fixed in some tangible medium of expression. Therefore, in a strict sense, a snuff film could be considered as a copyrighted work.
However, the twist is that the creator might have killed someone already. Therefore, while in a strict sense, they “own” the thing, they would also be serving a life sentence in jail. Copyright isn’t a legalization of the act; it just records the fact that the work was created.
