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

Lia Lin Stars in Latest From Brazzers

Lia Lin stars with Jordi El Nino Polla in the latest release from Brazzers, titled "Giving Her All She Can Handle."The scene opens with Lin and Polla flying to Europe to shoot together for the first time.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Isa Bella Stars in Latest From New Sensations

Isa Bella stars with Isiah Maxwell in the latest release from New Sensations.

Andi Avalon, Little Puck Front Latest From Swappz

Andi Avalon and Little Puck star in the latest release from Swappz.

Jade Venus, Baxxx Lead Latest From TransSensual

Jade Venus and Baxxx star in the latest release from Mile High Media studio imprint TransSensual, titled "Happy Ending."

Charlotte Sins, E. Streetcar Star in Latest From Transfixed

Charlotte Sins and E. Streetcar star in the latest release from Transfixed, titled "Make Her Ex Squirm."

Lilly Bell Stars in Latest From Brazzers

Lilly Bell stars with Scott Nails in the latest release from Brazzers, titled "Tradwife’s Slutty Secret."

JustFor.fans Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of fan site JustFor.fans in a case against a website using an infringing domain.

Elegant Angel Debuts 'Charlotte Sins Is Slutwoman' Showcase

Charlotte Sins takes on the role of "Slutwoman" in the latest iteration of Elegant Angel's signature showcase series.

Jade Venus, Zariah Aura Topline Latest Volume of Aiden Starr's 'PansexualX Porn Crush'

Jade Venus and Zariah Aura headline director Aiden Starr's "PansexualX Porn Crush 14," from Evil Angel.

Show More