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Adult Industry Legal Articles

Courtrooms in the Cloud: The DOJ Calls and Raises at the 3rd Circuit

Courtrooms in the Cloud: The DOJ Calls and Raises at the 3rd Circuit
On Dec. 9, a three-judge panel of the 3rd U.S. Circuit Court of Appeals will hear oral argument from the parties and take a second look at the decision it rendered in May concerning the Free Speech Coalition’s constitutional attack against 18 U.S.C §§ 2257-2257A, the recordkeeping st... More »

Legal Perspectives: ‘Dancing Baby’ Case's Effects on Adult Business

Legal Perspectives: ‘Dancing Baby’ Case's Effects on Adult Business
In 2007, Stephanie Lenz went to You-Tube and posted a video of her baby running around her kitchen, pushing a toy cart, with a few seconds of Prince’s “Lets Go Crazy” playing in the background. Little did she know that this 29- second video would turn into a landmark court decision... More »

Brand News: How to Lose a Company's Trademark

Brand News: How to Lose a Company's Trademark
Earlier this year, in a case of first impression before the Federal Circuit, the court directly addressed “whether the offering of a service, without the actual provision of a service, is sufficient to constitute use in commerce under Lanham Act § 45, 15 U.S.C. § 1127.” The cou... More »

Law Between the Sheets: Independent Contractor or Employee?

Law Between the Sheets: Independent Contractor or Employee?
All too often, adult business operators spend so much time focusing on things such as obscenity, record-keeping and intellectual property that they neglect some important corporate issues, including taxation and employment law, which can have a tremendous impact on a business owner. Make no mistake... More »

Courtrooms in the Cloud: For 2257, What Comes Next?

Courtrooms in the Cloud: For 2257, What Comes Next?
In resolving the latest assault against 18 U.S.C. § 2257, a three-judge panel of the 3rd U.S. Circuit Court of Appeals roundly rejected the Free Speech Coalition’s broad assault on the substantive provisions of 2257, largely centered on arguments arising from the First Amendment. But cur... More »

Raising Capital: New SEC Rules May Be a Crowdfunding Game Changer

Raising Capital: New SEC Rules May Be a Crowdfunding Game Changer
On Wednesday, March 25, the Securities and Exchange Commission announced its unanimous approval of the final rules for Title IV of the Jumpstart Our Business Startups Act, also known as the “JOBS Act.” The announcement, which Kiran Lingam of Crowdfund Insider described as “a bombs... More »

Legal Reality: Immoral, Scandalous Trademarks

Legal Reality: Immoral, Scandalous Trademarks
Competition in the adult entertainment industry is intense. The widespread availability of free adult materials online, rampant Internet piracy and very low barriers of entry for new competition all combine to make profitability more difficult than ever before. Successful adult entertainment compan... More »

Law of Sex: ‘The War on Porn’ Is Rebranded

Law of Sex: ‘The War on Porn’ Is Rebranded
On October 8, 2014, ThinkProgress.com declared the end to the War on Porn. The censors had lost and erotic media would live on. One sign that the war had been lost was the fact that annual contributions to the well-known anti-erotica group, Morality in Media, had dwindled from over $1 million in 200... More »

Legal Reality: Net Neutrality Turnaround

Legal Reality: Net Neutrality Turnaround
The net neutrality war is still far from over despite the Federal Communications Commission’s historic vote on Feb. 26 that approved a policy for an open Internet. Earlier last month, on Feb. 4, FCC Chairman Tom Wheeler announced new proposed regulations directed to reinstate net neutrality un... More »

Stealing Website Terms & Policies – Not the Best Idea

Stealing Website Terms & Policies – Not the Best Idea
The Internet has become a notorious breeding ground for poaching others’ intellectual property. While all forms of IP infringement are discouraged, one in particular can create a massive headache for Internet businesses: misappropriation of another website’s Terms, Conditions, Policies &... More »

BUSINESS ANALYSIS

Adult Biz Faces More Obstacles Past Prop. 60 Battle

On Feb. 1, I completed 365 days as the Free Speech Coalition’s executive director. It was a turbulent first year, and when I received the 2017 XBIZ Industry Leadership Award I was startled, humbled... More »

Ad Networks: A Look at Compliance Issues

Among the major concerns of online marketers when evaluating advertising creatives are the return on investment, click-through and engagement rates, (re)targeting and opportunities for micro-tuning monetization.... More »

Ad Networks: Maximizing Precious Time and Resources

For traffic-savvy adult website operators and marketers, buying ad space and premium placement on select sites is a proven method for attracting audiences. This has traditionally involved studying a site’s... More »
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