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, Angelica Heart Star in Latest From MixedX

Lia Lin and Angelica Heart star in the latest release from MixedX, titled “Used By You.”

Evil Angel Debuts Proxy Paige's 'Nympho Wars'

Evil Angel has released director Proxy Paige’s new title, “Nympho Wars.”

Madi Collins Talks Brains, Biology and the Art of Performance

“I was born to perform,” Madi Collins declares. “It comes really naturally to me, and it taps into a part of my soul that makes me feel fulfilled.”

Juliana Marie, Alaina Taylor Lead Latest From Family Strokes

Juliana Marie and Alaina Taylor star with Jayden Marcos in the latest from Family Strokes’ “PervMom” series, titled “If Your Girlfriend Wants to Be a Part of the Family, She Has to Share Your Cock.”

SWR Data Publishes 2026 'Hot List' Report

Adult industry market research outfit SWR Data has published its 2026 Hot List report on the top creator platforms of 2025.

Zariah Aura, Yhivi Headline 'Salacious TS Encounters 3' From TransSensual

Zariah Aura and Yhivi topline “Salacious TS Encounters 3” from Mile High Media studio imprint TransSensual.

Adult Chat Platform Arousr Sets Human-Only Host Policy

Adult chat platform Arousr has announced a policy to only use verified human hosts, not chatbots.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

VR Bangers Celebrates 10th Anniversary

VR Bangers has marked its 10-year anniversary.

Maddie V Baby Is Hustler's 'Cover Honey' for February

Maddie V Baby is the Cover Honey for the February issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Ellen Stagg.

Show More