LOS ANGELES – Hefe Wine, the rapper and former boyfriend of Iggy Azalea, now says the singer signed a lengthy agreement in 2009 that gives him exclusive rights to "manufacture, sell, distribute and advertise 'any' recording embodying visual images."
TMZ, which reported the news of Wine’s claim today, said that the rapper believes he indeed has the legal entitlements to market their sex tape, as well as website opportunities to exploit her artistic works.
But is selling an apparent sex tape involving Azalea to a studio like Vivid Entertainment, which has made deals and distributed scores of sex tapes through the years, a sure thing?
For one thing, 2257 record-keeping regulations for adult entertainment productions come to mind and could come into play in a major way with such a deal. Azalea is now 24.
Adult entertainment attorney Allan Gelbard of Tarzana, Calif., told XBIZ that 2257 records, or lack thereof, may be the the potentially determinative issue over the apparent sex tape.
“Absent proper 2257 records, which I doubt the ex-boyfriend or anyone else has (unless Azelea provided him with copies of her ID), the tape cannot be sold, otherwise transferred, or even officered for sale or transfer (18 U.S.C. § 2257 (f)(4)). Violation is a five-year federal felony,” Gelbard said.
“Further, he would have to have a U.S. government-issued ID on file for her if the tape was made here. She's Australian, so unless the tape was made somewhere outside the U.S., her AU ID doesn't satisfy the statute.
“And secondary producers (e.g. distributors of the video) need to have and archive the 2257 documents as well. So if her lawyers know what to do, I expect they may be able to hold up the release by any U.S. company.”
