educational

Do It Yourself Copyright Law

I find it surprising that most Webmasters only consult with an attorney after they have run afoul of the law, or had their rights somehow infringed upon. When Webmasters are asked about whether or not they have retained counsel, the most frequent response I hear is “A Lawyer? I can’t afford one!” - If this sounds like a response that you would give, then here’s an article that might help…

Internext is known for the quality and importance of its legal seminars, where some of the brightest minds and most talented attorneys in the industry endeavor to keep Webmasters within the shifting and often ill-defined boundaries of the law.

Given the global reach of our Websites (and hence the endless number of jurisdictions they are available in), and the infinite variety of rules, regulations, and technical uncertainties facing anyone attempting to fully understand the legislative vagaries involved in “playing it safe” it’s no wonder that obtaining competent representation - especially in the courtroom - can be a prohibitively expensive proposition. A proposition that often leads overly frugal and under-capitalized Webmasters alike to turn to rather dubiously ‘informed’ opinions on industry message boards and Internet searches returning often questionable information.

One of the greatest areas of popular misconception revolves around copyright law - something that affects every Webmaster to one degree or another. Yet basic copyright law and the practical “how to” aspects of implementing it on your behalf is a subject that can be understood by anyone looking for a simple “better than nothing” approach to protecting their original content and intellectual property. For those seeking copyright protection within the US, the government copyright office makes it easy; visit www.copyright.gov and you’re on your way to THE source of authoritative information.

Even with this wealth of information, your individual needs may vary, and might also be beyond the borders of the United States. In these cases, having expert advice tailored to your own peculiar set of circumstances is invaluable - and a service which is provided by members of “Shark Tank” - whose Website defines the group as “an affiliation of attorneys across the United States and Canada who represent producers and independent marketers of Adult Entertainment on the Internet and in traditional markets.”

Several of these Shark Tank affiliated attorneys including Robert Apgood, Eric Bernstein, David J. James, Jr., and Paul Kent-Snowsell were on hand at Internext to hold a seminar entitled “Do It Yourself Copyright Law” which was billed as “…a special session designed to provide attending adult online professionals with the knowledge they need to copyright their own online content without having to spend the time and money necessary to hire an attorney to do what they can do for themselves.”

Helpful Information
This seminar discussed the basics of what can and cannot be copyrighted, as well as outlined the basic procedures and requirements involved for registering a copyright, with a focus on US and Canadian laws.

While in most cases copyright is automatically conferred to the creator of a work at the time of its creation, there are several benefits of formally registering your copyright which were discussed.

Registering your copyrights provides for benefits such as increased damage awards and the recovery of attorney’s fees - which is something that shouldn’t be underestimated; since the cost of pursuing an infringing party can run $25,000, which is well beyond the amount of damages you might be entitled to for violations on unregistered copyrights.

The panel’s consensus was that at the time of creation, an original work should be visibly imprinted with the copyright “circle c” symbol, and the word “copyright” along with the year of first publication, and the name of the copyright holder, whenever possible. While no longer legally required, the use of the © symbol shows the general public that the work is copyrighted, and may head off cases of infringement.

Formally registering your copyright with the copyright office within 3 months of the work’s creation will provide statutory protection back to the date of the work’s creation, even if an infringement has already occurred, protecting those who’s content is stolen the day it’s published, even if office backlog delays the formal recognition of your copyright - and is the route that the panel recommended.

All in all, this was one of the most “useful” seminars I have seen presented at Internext, providing real benefits to the attendees, and direction for further study. If you have the opportunity to attend a similar panel in the future, I recommend you take it. Stay protected! ~ Stephen

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

Vendo CEO Mitch Platt Reflects on 20 Years of Lessons and Evolution

More than 20 years ago, three entrepreneurs in Barcelona began gathering over beers to pitch, dissect and routinely destroy one another's business ideas. The ritual was simple: One person arrived with a concept, while the other two tried to expose every weakness. Any proposal that survived earned another look. Most did not.

Jackie Backman ·
opinion

How to Avoid the Hidden Risks of AI-Generated Legal Documents

Artificial intelligence can write a contract in seconds, but that does not mean it can write the contract your business actually needs. Across the adult industry, operators, creators and producers are increasingly using generative AI to prepare model releases, performer agreements, privacy policies, takedown notices, employment documents and responses to regulators. The appeal is obvious: Legal work is expensive, AI is fast and the resulting document often looks impressively professional. That polished appearance is exactly what makes the practice dangerous.

Corey Silverstein ·
opinion

How Rolling Reserves Affect Cash Flow and Merchant Stability

You log in to your payment processor’s dashboard, discover they are withholding 10% of your sales, and immediately assume something has gone wrong. In reality, everything is working exactly as intended.

Jonathan Corona ·
opinion

What Federal Age Verification Could Mean for Adult Websites

Our industry has grappled with a patchwork of confusing and burdensome state age verification laws for the past couple of years. But that landscape could change quickly after the House passed the Kids Internet and Digital Safety (KIDS) Act (H.R. 7757) by a vote of 267-117, marking a significant federal step into this space.

Lawrence G. Walters ·
opinion

The Website Footer Requirements Every Adult Merchant Should Know

Since I started in this business 25 years ago, I've watched website footers evolve from a simple collection of links designed to help with SEO into important tools for meeting compliance and regulatory requirements, improving the customer experience and reducing chargebacks.

Cathy Beardsley ·
opinion

Why E-Payment Diversification Matters for Merchant Stability

Match payment methods to your customers. Look at where your customers are located, how they prefer to pay and which products they purchase. A business with significant European traffic may benefit from SEPA or Pay by Bank, while a subscription-based business may prioritize ACH or cryptocurrency. Add the payment methods your customers are most likely to use, as not every option is available.

Jonathan Corona ·
trends

AI at Work: The Tools and Practices Powering Creativity, Commerce and Compliance

For years, artificial intelligence felt like the plot of a science-fiction movie. Pop culture gave us Skynet from “The Terminator,” the replicants of “Blade Runner” and countless visions of machines replacing human creativity altogether. AI was cast as either humanity's next great breakthrough or the beginning of a dystopian future.

Jackie Backman ·
opinion

Key Questions Online Merchants Should Know About PCI Compliance

Choosing a payment provider involves more than comparing features and pricing. It's also about trusting that your customers' payment information is being handled securely. Every August, Segpay is recertified as a Level 1 PCI-compliant service provider, a milestone the company has achieved for the past 20 years. Having helped write Segpay's original PCI policy documents more than two decades ago, I've seen firsthand how PCI compliance has evolved.

Cathy Beardsley ·
profile

New Moon Network's Savannah Sly on Turning Lived Experience Into Advocacy

Savannah Sly is the first to admit she didn't always understand sex work. At 18, she was an art student in Boston, working part-time at a box office and, as she puts it, "broke as a joke." While looking for ways to make ends meet, she often found herself browsing Craigslist's adult ads, intrigued by the women advertising their services.

Jackie Backman ·
opinion

How to Safeguard Your Website Against CIPA Claims

There is a new wave of lawsuits targeting online businesses, including adult websites. These suits involve the California Invasion of Privacy Act (CIPA), and they are becoming increasingly prevalent. In fact, three different clients of my law firm were recently served or threatened with CIPA lawsuits — all in the same week.

Nick Zargarpour ·
Show More