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		<title>YNOT: Adult Industry Forums - Blogs - JayMoyes</title>
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		<description>YNOT provides adult industry news and articles, resources for adult website operaters, and adult webmaster forums and message boards.</description>
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			<title>YNOT: Adult Industry Forums - Blogs - JayMoyes</title>
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			<title>Start My Porn Company Articles: Why your porno might cost $150K in copyright fines</title>
			<link>http://www.ynot.com/blogs/jaymoyes/272-start-porn-company-articles-porno-might-cost-%24150k-copyright-fines.html</link>
			<pubDate>Thu, 13 Oct 2011 17:58:00 GMT</pubDate>
			<description>There is a disturbing trend starting in the adult industry, and it  all centers on “fair use” and the definitions of “parody” and “satire”,  versus...</description>
			<content:encoded><![CDATA[<blockquote class="blogcontent restore">There is a disturbing trend starting in the adult industry, and it  all centers on “fair use” and the definitions of “parody” and “satire”,  versus adaptations or remakes of existing material that is then re-worked for an  adult audience, with sex scenes added to the original material. <br />
  <br />
For one thing, we need to understand the definition of “Parody”. The definition is not over broad. It states categorically that<div style="margin-left:40px">A parody (pronounced /&#712;pær&#601;di/; also called send-up, spoof or lampoon), in current usage, is an imitative work created to <i>mock, comment on, or trivialise</i> an original work, its subject, author, style, or some other target, by means of <i>humorous, satiric or ironic imitation</i>. </div>The Supreme Court weighed in on the case of Parodic and Satiric Fair  Use in Campbell v. Acuff- Rose Music, Inc. in 1994 and the following is a  synopsis of that ruling, that turned into the Copyright Act of 1976 (17  U.S.C. § 107):<div style="margin-left:40px">The Supreme Court has unequivocally held that a parody  may qualify as fair use under § 107.  According to the Court, a parody  is the “use of some elements of a prior author’s composition to create a  new one that, at least in part, comments on that author’s works.”  (Id.  at 580).  Like other forms of comment or criticism, parody can provide  social benefit, “by shedding light on an earlier work, and, in the  process, creating a new one.”  (Id. at 580).  <br />
 In other words, parodies can be considered “transformative” works, as  opposed to merely “superseding” works.  Since transformative works “lie  at the heart of the fair use doctrine’s guarantee of breathing space  within the confines of copyright,” the more transformative the parody,  the less will be the importance of other § 107 factors that may weigh  against a finding of fair use.  (Id. at 579.)</div>So, if someone wanted to make a porn parody of the Hollywood musical, <i>The Music Man</i>, and named the leading lady “Marian Paroo”, set her in River City, Iowa and follow a <i>style</i>  of story line, cinematography and genre that imitates and expands on  “The Music Man” with an adult twist . . . let's say for amusement that con man Howard Hill comes to town to get $75,000 to start a &quot;Heavenly Angels All-Girl Harmonica Band&quot;, and that he gets caught by Marian the Librarian hanging out at the local brothel to find his musicians, instead of the Church, that is actually fair use under  copyright law.  Please remember that we would also have to re-score the entire thing,  if we are making it a musical. The music and lyrics are also  copyrighted to Meredith Wilson, along with the story.  <br />
<br />
[Silly idea. However, it won't surprise me if one of the &quot;Parody  Kings&quot; in this industry steals it before 2011 is over . . . . sz]<br />
 <br />
<br />
 However, what you <i>can not</i> do is take a copy of the script of  an existing movie, following it word for word, character for character,  and just insert a few lines that are new, and a few sex scenes to make  it into a porn movie. That does <b>not </b> fall under “fair use” in the form of parody or satire, and is therefore<b> not </b>considered exempt from copyright infringement under 17 U.S.C. § 107.<br />
<br />
<br />
 This is especially a concern with dramatic film works, that are then recreated <i>as</i>  dramatic works where the script and characters have simply changed  enough to allow the existing storyline to include sex scenes. This type  of movie is properly called an adult remake, adult interpretation, or in  some cases an adult adaptation, it is not a parody by definition!<br />
<br />
<br />
 Make no mistake, if the above is true of your intended adult video  and you think you can just rework a script of any type, just adding in  sex scenes that didn’t exist in the original, you are dealing with  outright copyright infringement. You, and any distributor of your  material, can be prosecuted to the full extent of the laws that govern  copyright infringement. This includes retailers, cable and satellite  carriers and broadcast stations. The <a href="http://www.copyright.gov/title17/92chap5.html" target="_blank">legal penalties for copyright infringement</a> are:<br />
  <br />
   1. Infringer pays the actual dollar amount of damages and profits.<br />
     2. The law provides a range from $200 to $150,000 for each work infringed.<br />
     3. Infringer pays for all attorneys fees and court costs.<br />
     4. The Court can issue an injunction to stop the infringing acts.<br />
     5. The Court can impound the illegal works.<br />
     6. The infringer can go to jail.<br />
 <br />
<br />
[Most copyright infringement cases also carry an automatic  damages fine, so don't get all excited it will only cost you $200 when  you're found guilty!]<br />
<br />
<br />
 We can not stress this enough – do not work with people that <b>claim</b> they know all about the adult industry but have no real experience in it!  The <i>real </i>professionals  of <a href="http://startmyporncompany.com" target="_blank">Start My Porn Company</a> know and understand the copyright laws, US  2257 regulations and other laws and regulations that govern adult  entertainment in all forms! When you work with Start My Porn Company as  your adviser, you will avoid the costly and damaging results that you  could fall into by making a movie that violates the copyright of another  producer.</blockquote>

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			<dc:creator>JayMoyes</dc:creator>
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			<title>Article from Start My Porn Company: Brazzers leaving Florida?</title>
			<link>http://www.ynot.com/blogs/jaymoyes/271-article-start-porn-company-brazzers-leaving-florida.html</link>
			<pubDate>Fri, 07 Oct 2011 02:57:53 GMT</pubDate>
			<description>Well, the folks behind Start My Porn Company (http://startmyporncompany.com/?p=1026) have been saying that not only is it not  legal to shoot adult...</description>
			<content:encoded><![CDATA[<blockquote class="blogcontent restore">Well, the folks behind <a href="http://startmyporncompany.com/?p=1026" target="_blank">Start My Porn Company</a> have been saying that not only is it <i>not</i>  legal to shoot adult content in Florida, but that the State of Florida  seemed to be making a lot of moves toward making it very hard for porn  companies to work from there. Call it prophecy, but no one at Start My  Porn Company needed a crystal ball to predict that most porn companies  would leave, or be pushed out of, Florida.<br />
<br />
<br />
 The most recent rumor on the <a href="http://mikesouth.com" target="_blank">adult news vine</a>  is that Brazzers is curtailing their adult content shoots in Florida,  and will only be producing in California and Las Vegas. We’ll see how  long they last in Nevada, as it isn’t legal to shoot there either and  especially the Vegas law enforcement is quick to shut down porn shoots. <br />
 <br />
<br />
There’s a lot that could be said about Brazzers bringing any unwanted  legal attention down on themselves . . . If nothing else, their  publicly taped productions have gotten them in hot water, as has the  fact the most recent HIV+ performer concern (later found to be not  positive) came from a Manwin production, and Manwin is the parent  company of Brazzers. Nothing like giving the State a way to declare porn  production a public nuisance and health risk while avoiding having to  test Free Speech Statutes that have made porn legal to shoot in both  California and New Hampshire, Manwin!<br />
 <br />
<br />
For some past intel on Florida’s aims for the adult industry there,  here’s a repost of a story Start My Porn Company ran in June on Kimberly  Kupps arrest in Polk County:<br />
<br />
<br />
 Speculation is that Florida <i>may</i> be testing the waters on  prosecuting porn producers in the sate with the arrest on Friday, June  3, 2011 of Kimberly Kupps, who was the owner and star of  KimberlyKupps.com, as well as a store owner of Clips4Sale.com. <br />
 <br />
<br />
The Polk County Sheriff’s Office started an investigation on Theresa  Taylor (aka Kimberly Kupps) in March of of this year, after receiving  tips that she and her husband, Warren Taylor, were filming and  distributing adult sexual content form their home in Lake Wales,  Florida. An investigator for the Sheriff’s Office monitored Taylor’s  Twitter account and also paid for a membership to KimberlyKupps.com. The  investigator downloaded six videos of Taylor having sex with men and  women. The investigator then turned the videos over to County Judge  Reinaldo Ojeda, who ruled the videos were obscene material under state  law on April 7, 2011.<br />
 <br />
<br />
On June 3, Taylor was booked on six counts each of selling obscene  material and distributing obscene material, both misdemeanors. She was  also charged with the felony wholesale promotion of obscene material.  Taylor was set to be released Saturday night after posting $7,500 bail. <br />
<br />
<br />
<br />
 Her husband was booked on six counts each of wholesale promotion of  obscene material and distribution of obscene material, a misdemeanor.  Both presumably related to his admission that he uploaded the video to  their Clips4Sale store. Her husband remains in jail as of this writing. <br />
<br />
<br />
<br />
 The full story is<a href="http://www.theledger.com/article/20110604/NEWS/110609710?tc=cr" target="_blank"> here</a>,  however Start My Porn Company friends in Florida have verified that at least one Florida  TV station has reported that information from her Twitter account was  obtained by <i>Florida Department of Law Enforcement</i> and turned  over to Polk County Sheriff’s office, ending the news report with the  statement that this may be the beginning of a larger, statewide crack  down on adult film production. <br />
<br />
<br />
<br />
 It has long been known that Polk County is not “adult friendly”, due  to factors including a strong religious influence that tends to sway  political elections, and Sheriff Judd’s own view of adult content, so  this is nothing new for that area. <br />
<br />
<br />
<br />
 However, if the report is true that the <b>Florida Department of Law  Enforcement</b> was indeed involved in this investigation, it may mean that  Florida is ready to take a stand on the increase in adult production in  the state. <br />
<br />
<br />
<br />
 People, listen up — if you have been told by anyone that it is  “legal” to shoot porn anywhere but in California or New Hampshire — you  have been <b>lied</b> to! Run from anyone that tries to tell  you that you can shoot porn anywhere legally. Stick with adult business  advisors that will tell you the whole <i>truth</i> and nothing but the <b><i>truth</i></b>. Stick with <a href="http://startmyporncompany.com" target="_blank"><b>Start My Porn Company</b></a>!</blockquote>

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			<dc:creator>JayMoyes</dc:creator>
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