educational

Do It Yourself Copyright Law

I find it surprising that most Webmasters only consult with an attorney after they have run afoul of the law, or had their rights somehow infringed upon. When Webmasters are asked about whether or not they have retained counsel, the most frequent response I hear is “A Lawyer? I can’t afford one!” - If this sounds like a response that you would give, then here’s an article that might help…

Internext is known for the quality and importance of its legal seminars, where some of the brightest minds and most talented attorneys in the industry endeavor to keep Webmasters within the shifting and often ill-defined boundaries of the law.

Given the global reach of our Websites (and hence the endless number of jurisdictions they are available in), and the infinite variety of rules, regulations, and technical uncertainties facing anyone attempting to fully understand the legislative vagaries involved in “playing it safe” it’s no wonder that obtaining competent representation - especially in the courtroom - can be a prohibitively expensive proposition. A proposition that often leads overly frugal and under-capitalized Webmasters alike to turn to rather dubiously ‘informed’ opinions on industry message boards and Internet searches returning often questionable information.

One of the greatest areas of popular misconception revolves around copyright law - something that affects every Webmaster to one degree or another. Yet basic copyright law and the practical “how to” aspects of implementing it on your behalf is a subject that can be understood by anyone looking for a simple “better than nothing” approach to protecting their original content and intellectual property. For those seeking copyright protection within the US, the government copyright office makes it easy; visit www.copyright.gov and you’re on your way to THE source of authoritative information.

Even with this wealth of information, your individual needs may vary, and might also be beyond the borders of the United States. In these cases, having expert advice tailored to your own peculiar set of circumstances is invaluable - and a service which is provided by members of “Shark Tank” - whose Website defines the group as “an affiliation of attorneys across the United States and Canada who represent producers and independent marketers of Adult Entertainment on the Internet and in traditional markets.”

Several of these Shark Tank affiliated attorneys including Robert Apgood, Eric Bernstein, David J. James, Jr., and Paul Kent-Snowsell were on hand at Internext to hold a seminar entitled “Do It Yourself Copyright Law” which was billed as “…a special session designed to provide attending adult online professionals with the knowledge they need to copyright their own online content without having to spend the time and money necessary to hire an attorney to do what they can do for themselves.”

Helpful Information
This seminar discussed the basics of what can and cannot be copyrighted, as well as outlined the basic procedures and requirements involved for registering a copyright, with a focus on US and Canadian laws.

While in most cases copyright is automatically conferred to the creator of a work at the time of its creation, there are several benefits of formally registering your copyright which were discussed.

Registering your copyrights provides for benefits such as increased damage awards and the recovery of attorney’s fees - which is something that shouldn’t be underestimated; since the cost of pursuing an infringing party can run $25,000, which is well beyond the amount of damages you might be entitled to for violations on unregistered copyrights.

The panel’s consensus was that at the time of creation, an original work should be visibly imprinted with the copyright “circle c” symbol, and the word “copyright” along with the year of first publication, and the name of the copyright holder, whenever possible. While no longer legally required, the use of the © symbol shows the general public that the work is copyrighted, and may head off cases of infringement.

Formally registering your copyright with the copyright office within 3 months of the work’s creation will provide statutory protection back to the date of the work’s creation, even if an infringement has already occurred, protecting those who’s content is stolen the day it’s published, even if office backlog delays the formal recognition of your copyright - and is the route that the panel recommended.

All in all, this was one of the most “useful” seminars I have seen presented at Internext, providing real benefits to the attendees, and direction for further study. If you have the opportunity to attend a similar panel in the future, I recommend you take it. Stay protected! ~ Stephen

Copyright © 2025 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 Articles

opinion

Breaking Down HB 805 and How it Affects the Adult Industry

North Carolina House Bill 805 was enacted July 29, after the state legislature overrode Governor Josh Stein’s veto. The provisions that relate to the adult industry, imposing requirements for age verification, consent and content removal, are scheduled to become effective Dec. 1. Platforms have until then to update their policies and systems to comply with the new regulations.

Corey D. Silverstein ·
opinion

Staying Compliant With Payment Standards Across Europe and Australia

So, you’ve got your eye on international growth. Smart move. No matter where adult-industry merchants operate, however, one requirement remains consistent: regulatory compliance. This isn’t just a legal checkbox — it’s a critical component of keeping payments flowing and business operations intact.

Jonathan Corona ·
opinion

How to Avoid Copyright Pitfalls When Using Music in Adult Content

When creating an adult video, bringing your vision to life often means assembling just the right ingredients — including the right music. However, adding music to adult content can raise complex legal and ethical issues.

Lawrence G. Walters ·
opinion

New Visa Rules Adult Merchants Need to Know

In December 2024, I shared an update on the upcoming rollout of Visa’s Acquirer Monitoring Program, also known as VAMP. The final version went into effect in June, and enforcement will begin in October. With just a month to go, now is the time to review what’s changing and how to stay compliant.

Cathy Beardsley ·
profile

Dan Leal Talks Balance, Business and Daily Rituals

“We were in a big field, and I hopped off a little ledge to cut through some grass, and my knee just gave out,” he explains. “I thought it was my calf because I’d torn my calf muscle back in December, but I had an MRI that confirmed a torn ACL.”

Jeff Dana ·
profile

Sarah Illustrates Spins Chill Vibes Into Viral Fame

Lounging in her sunny SoCal backyard in between content shoots, with her hair swept into a no-fuss ponytail and the sun dappling her shoulders, Sarah Illustrates looks every bit the hot mom next door — because, well, she is. The kind of mom who bakes fresh bread on the weekends, juggles dance recitals and baseball games, and delights in life’s simpler joys, like family time and trips to Target.

Jackie Backman ·
opinion

WIA Profile: Lainie Speiser

With her fiery red hair and a laugh that practically hugs you, Lainie Speiser is impossible to miss. Having repped some of adult’s biggest stars during her 30-plus years in the business, the veteran publicist is also a treasure trove of tales dating back to the days when print was king and social media not even a glimmer in the industry’s eye.

Women in Adult ·
opinion

Fighting Back Against AI-Fueled Fake Takedown Notices

The digital landscape is increasingly being shaped by artificial intelligence, and while AI offers immense potential, it’s also being weaponized. One disturbing trend that directly impacts adult businesses is AI-powered “DMCA takedown services” generating a flood of fraudulent Digital Millennium Copyright Act (DMCA) notices.

Corey D. Silverstein ·
opinion

Building Seamless Checkout Flows for High-Risk Merchants

For high-risk merchants such as adult businesses, crypto payments are no longer just a backup plan — they’re fast becoming a first choice. More and more businesses are embracing Bitcoin and other digital currencies for consumer transactions.

Jonathan Corona ·
opinion

What the New SCOTUS Ruling Means for AV Laws and Free Speech

On June 27, 2025, the United States Supreme Court handed down its landmark decision in Free Speech Coalition v. Paxton, upholding Texas’ age verification law in the face of a constitutional challenge and setting a new precedent that bolsters similar laws around the country.

Lawrence G. Walters ·
Show More