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Copyright, Patents. Trade Marks ... all things intelectual property

 

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A Letter To Rick Santorum With 5 Easy Questions

In a position paper posted on his website, Rick Santorum has promised that, if elected, he would “vigorously” enforce laws that “prohibit distribution of hardcore (obscene) pornography on the Internet, on cable/satellite TV, on hotel/motel TV, in retail shops and through the mail or by common carrier.” Santorum’s site complains that the “Obama Administration has turned a blind eye to those who wish to preserve our culture from the scourge of pornography and has refused to enforce obscenity laws.”

Santorum’s crusading stance against the adult entertainment industry is well known among those of us that keep tabs on the industry’s congressional foes.   As a U.S. Senator, Santorum strongly supported every anti-porn bill that crossed his desk. One of the more noteworthy, regarding which he was a co-sponsor, was the Adam Walsh Child Protection And Safety Act, which became law in 2006.   It dramatically expanded the scope of the federal record-keeping obligations, known in the industry as the “2257 regulations”.   Prior to the enactment of the law, the 2257 regulations only applied to depictions of actual sexual conduct (actual intercourse, etc.) and did not impose record-keeping obligations on persons other than initial producers of the content.   After the law’s passage, depictions of simulated sex and mere nudity became subject to the 2257 Regulations and record keeping obligations were imposed on website operators and other “secondary producers”.   The same Santorum-co-sponsored legislation was also the first federal law to criminalize the mere creation of obscene content.  

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A New Way To Raise Capital For Adult Entertainment Businesses:
“Crowdfunding”
 

There has been a lot of talk recently about a phenomenon called “crowdfunding”, a relatively new type of fundraising that relies on social media and the Internet to obtain small amounts of capital from large numbers of individuals to accumulate large aggregated amounts of capital. In recent years, Internet-based crowdfunding sites such as Kickstarter (www.kickstarter.com) and Indiegogo (www.indiegogo.com) have been used to raise millions of dollars for many types of businesses and projects.  

 

This form of financing has been particularly effective for mainstream independent filmmakers seeking funds to finance their films. According to the Kickstarter website, 17 Kickstarter-funded films went to Sundance this year, and 31 Kickstarter-funded films are entered in the South By Southwest Festival. 

 

But while creative projects have been the most publicized crowdfunding successes, this crowdfunding microfinancing can, in theory, be used as a means to raise capital for almost any kind of enterprise, including adult entertainment businesses. 

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A Content Producer’s Legal Checklist:

Five Things That Can Help

Maximize Content Value and Profitability

 

Online adult entertainment companies are producing their own content more than ever before.  Low production costs and an international pool of relatively inexpensive professional and amateur talent have practically eliminated any meaningful economic barrier to entry into the adult content production business.  As a consequence, nowadays it seems like almost every adult website is creating some, if not all, of its own content.  

 

The following is a checklist of 5 things every adult content producer should do to maximally protect and exploit their rights in the adult content they create.

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"In contrast to previous economic eras, intellectual property will be the primary source of new wealth in the 21st century."
- -- Gregory A Piccionelli, 1989


Piccionelli & Sarno
Encino Office
6345 Balboa Blvd.
Building II, Suite 325
Encino CA 91316

818-201-3955
815-301-2945 (Facsimile)




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