XBIZ Summer ’06 Forum Seminar: Protecting Your Business 101

LAS VEGAS — While many adult webmasters came looking for ways to enhance profit, a panel moderated by XBIZ editor-in-chief Gretchen Gallen focused on a slew of ways industry professionals could protect themselves from civil, criminal and business liabilities.

Kicking off with a topic often overlooked by many in the adult entertainment industry, attorney Greg Piccionelli gave a primer on contracts.

“Industry contracts mean knowing about intellectual property law, but they also mean being aware of the potential criminal liabilities for those in the adult business,” Piccionelli said. “It’s important for the industry to adopt a professional standard here because contracts can solve business disputes, they can be used as evidence in your favor to defend against allegations of child pornography in some cases and they can protect your intellectual property.”

Picking up on the intellectual property theme, attorney Lawrence Walters told the crowd that issues of copyright and trademark infringement need to be taken seriously by the industry.

“A lot of people say that copyright prosecution isn’t economically feasible,” Walters said. “But if you register your copyright, you can seek statutory damages, which makes those cases worthwhile.

Attorney J.D. Obenberger told the crowd that webmasters were akin to major print publications in terms of risk, saying that they needed to think like major mainstream media outlets.

“You may not have the resources of a Playboy, but the risks are the same, which means you need to take rights clearance issues seriously,” Obenberger said. “You need to have an attorney clear your content for possible trademark and copyright infringements.”

Changing course, insurance attorney Michael Abelson gave the attendees a workshop on insurance basics for adult webmasters.

“You need to look into property insurance if you have hardware or a physical space,” Abelson said. “You should look into cyber liability insurance for issues of defamation, copyright and trademark. Business interruption insurance is a good idea. And if you can find it, coverage for the costs of a criminal defense.”

Above all, Abelson stressed to the crowd that perhaps the best feature of any insurance policy is the duty to defend.

“You never want to be the one who has to pay for something,” he said. “An insurance policy often means that if you meet the triggering criteria, the company pays for your lawyer. It’s important to insist on a good lawyer and not take no for an answer.”

While the panel was dominated by lawyers, not all the advice was purely legal. Joan Irvine of ASACP stressed the importance of best practices.

“This is big business, not the wild west,” Irvine said. “You need best practices. Mainstream consumers want to do business with you, people want to buy your product, but you can’t use unethical marketing tactics that target children.”

Tom Hymes of the Free Speech Coalition concurred with Irvine.

“To this day we’re still hearing about bad business practices that haven’t been used in years,” Hymes said. “Mainstream has a very long memory. Every webmaster is a representative of the community and they need to act accordingly.”

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 News

Kasey Kei Stars in Latest From GenderX

Kasey Kei stars with Jade Radd and Sage Roux in the fourth installment from the new GenderX title, "Trans Honey Trap #5."

Brittney Kade, Jessica Ryan Front New Transfixed Release

Brittney Kade and Jessica Ryan star with and Sage Roux in the latest release from Transfixed, titled "Menage a Trans #10."

Andi Avalon, Koda Monroe Lead New Threesome From Brazzers

Andi Avalon and Koda Monroe star with Victor Ray in the latest release from Brazzers, titled "MILF Meter Blast-Off.”

Yhivi Stars in Latest From Brazzers

Yhivi stars with Brazzers exclusive Girthmasterr in the studio's latest release, titled "Wild Nights."

Milena Ray Leads Dorcel's 'PL4Y #3'

Milena Ray headlines the latest release from Dorcel, titled “PL4Y #3.”

Ivy Ireland Toplines Vince Karter's 'Karter Kreation 2'

Ivy Ireland headlines reigning and three-time XMAs Male Performer of the Year Vince Karter’s latest Evil Angel directorial, “Karter Kreation 2.”

Leana Lovings Returns to Hentaied

Leana Lovings stars in the latest Hentaied scene, titled “Containment Breach.”

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

Sarah Arabic Makes Her Elegant Angel Debut

Sarah Arabic has made her debut for Elegant Angel alongside multi-XMAs winner Seth Gamble in a release directed by Sid Knox.

Keke Lou Makes Her WIFEY Debut

Keke Lou has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband, Moses, and Chocolate Rod.

Show More