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Articles by Marc J. Randazza

opinion

The Skinny on the New DMCA Requirement

The requirements under the Digital Millennium Copyright Act (DMCA) have changed, but the sky is not falling.

Marc J. Randazza ·
opinion

Fraudulent Brazilian Trademark Registrations Running Rampant

Although you might not think often about protecting your trademark rights in Brazil, you need to — even if you don’t yet have a single Brazilian customer.

Marc J. Randazza ·
opinion

Randazza: Trump Victory, Big Prop 60 Win

On Tuesday afternoon, I boarded a transatlantic flight. Given all of the negativity in the 2016 presidential race, I was delighted that I would be absent for the results. I found both Donald Trump and Hillary Clinton to be awful — and I knew that on Nov. 9, no matter who won, America was a worse place.

Marc J. Randazza ·
opinion

Another Attempt to Blame Pornography

Pause for a moment as you recall that Utahans consume more online pornography than any other Americans. After the laugh track plays, you might want to be just a little concerned.

Marc J. Randazza ·
opinion

Legal Perspectives: What the Adult Industry Owes to James Joyce

The adult industry has a very good sense of history. For example, none would challenge the statement that this industry took a leading role in protecting First Amendment rights for all Americans. In the adult industry, we have our heroes and martyrs.

Marc J. Randazza ·
opinion

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 that would have significant effects on the adult entertainment industry.

Marc J. Randazza ·
opinion

Loss of Pinterest Trademark in the E.U. Holds Lessons for Adult Companies

Everyone has heard of Pinterest, right? Well who do you think owns the trademark to "Pinterest”? The answer depends upon which country you're in, and it might surprise you.

Marc J. Randazza ·

Randazza: Copyright Ruling May Have Implications for Adult Industry

This week, the 9th U.S. Circuit Court of Appeals ruled that actors and actresses have copyright rights in their performances when they act in a video.

Randazza: Reversal of Fortune in Taiwan for Porn Producers

A Taiwanese court decision last week reverses the fortunes of porn producers seeking to enforce their rights in the Chinese republic.

opinion

Stating the Terms

How many of you have ever read the terms and conditions on websites that you frequent? I often say that drafting online agreements is some of the loneliest work a lawyer can do. Usually, even the webmaster stops reading after a few paragraphs.

Marc J. Randazza ·

Randazza: Online Businesses Shouldn't Rely on 'Browsewraps'

How many of you have ever read the terms and conditions on websites that you frequent? I often say that drafting online agreements is some of the loneliest work a lawyer can do. Usually, even the webmaster stops reading after a few paragraphs.

opinion

Republicans Save US Jobs

Since George W. Bush was elected, hundreds of thousands of American jobs have flowed overseas – where labor costs are lower. On Tuesday, May 24, 2005, the federal government took a stand to help stop cheap foreign labor from competing on an uneven playing field with our local workers. What industry was protected? Automobile factory workers? No. Textile workers? No. Software developers? Wrong again. So who was it? Adult industry actors and actresses are the beneficiary of this governmental largesse.

Marc J. Randazza ·