Contracts

In today’s digital age, content producers have more tools at their disposal than ever before. Among these tools, artificial intelligence (AI) content generation has emerged as a game-changer, enabling creators to produce high-quality content quickly and efficiently. However, with this convenience comes a significant responsibility: safeguarding the rights associated with AI-generated content. Failing to do so can have long-term repercussions for creators and their intellectual property. Regardless of the type of content that you are creating, the game has changed and there quite a few legal considerations. Understanding AI Content Generation Rights AI content generation rights refer to the ownership and usage rights of content produced with the assistance of AI tools. These rights often extend to include the following aspects: Ownership of Generated Content Determining who legally owns the output created by AI — the individual, organization, or AI tool provider. Licensing Agreements Many AI tools operate under specific…

Over the course of my career as a lawyer, I couldn’t even estimate how many times a client has requested that I review a contract or assist with a contractual dispute. Time and time again, I’m told by the client that they didn’t understand or even read certain portions of the contract because it was just “standard legalese” and thus unimportant. This belief couldn’t be further from the truth and almost always leads to disastrous consequences. "Legalese" refers to the specialized language used in legal documents, including contracts. While it can often seem daunting to those unfamiliar with legal terminology, legalese plays a crucial role in ensuring that contracts are clear, enforceable, and protect the interests of all parties involved. There are several reasons why legalese is an important part of a contract including but not limited to: Precision and Clarity: Legalese is designed to be precise. It minimizes ambiguity…

A non-competition agreement, also known as a non-compete clause or covenant not to compete, is a contract between an employer and an employee, or between two companies, where one party agrees not to enter into or start a similar profession or trade in competition against the other party for a specific period of time and within a certain geographical area. These agreements are commonly used to protect a company's trade secrets, confidential information, and client relationships. They typically restrict employees from working for a competitor or starting a competing business for a certain period after leaving their current employment. The enforceability of non-compete agreements varies by jurisdiction and must adhere to certain legal standards to be valid. In fact, in some United States jurisdictions such as California, Oklahoma, North Dakota, Montana, Colorado, New Mexico and Oregon, non-compete agreements are generally unenforceable, or disfavored, with limited exceptions. The adult industry is…

A non-competition agreement, also known as a non-compete clause or covenant not to compete, is a contract between an employer and an employee, or between two companies, where one party agrees not to enter into or start a similar profession or trade in competition against the other party for a specific period of time and within a certain geographical area. These agreements are commonly used to protect a company's trade secrets, confidential information, and client relationships. They typically restrict employees from working for a competitor or starting a competing business for a certain period after leaving their current employment. The enforceability of non-compete agreements varies by jurisdiction and must adhere to certain legal standards to be valid. In fact, in some United States jurisdictions such as California, Oklahoma, North Dakota, Montana, Colorado, New Mexico and Oregon, non-compete agreements are generally unenforceable, or disfavored, with limited exceptions. The adult industry is…

The European Summit (“TES”) is scheduled for September 13, 2019 – September 16, 2019 and it is now confirmed that for the second consecutive year, adult website attorney Corey D. Silverstein will be in attendance as a sponsor, speaker, and attendee. This year’s TES takes place at the Vienna House Diplomat Conference Hotel located at Evropska 15, Prague, Czech Republic and is being advertised as the conference “where affiliates, media buyers, advertisers & publishers meet”. TES anticipates that this year’s tradeshow will have 3,500 participants, 150 + exhibitors, and 100 + speakers from more than 80 countries. At this year’s TES Prague, adult attorney Corey D. Silverstein will be presenting and participating in various educational seminars created for the benefit of all attendees. The following is the speaking schedule web lawyer Corey D. Silverstein. Additionally, you can find the full TES schedule here. Legal for Newbies – Back to Basics…

Dentists typically recommend that a person’s teeth be cleaned every six months and that oral x-rays be taken at least once every year. Internists recommend that a person receive a physical examination annually. Pets visit the veterinarian for vaccinations and well-care appointments. Vehicles need oil changes and regular maintenance. Your personal and business legal affairs are no different and require regular “legal checkups.” Much like going to the dentist, the idea of meeting regularly with your attorney is probably not going to excite you; but now more than ever, periodic communication with your lawyer is essential. This is even more true for online and adult business operators. Unfortunately, far too many web entrepreneurs wait too long and ultimately reach out to their attorneys when trouble has already come their way. In many instances, the legal problems encountered could have been prevented had a “legal checkup” taken place. The law in…

On February 12, 2017, the Law Offices of Corey D. Silverstein, P.C. announced that porn lawyer, Corey D. Silverstein would be attending this year’s Phoenix Forum. It is with great excitement to report that adult industry attorney, Corey D. Silverstein, has been invited to speak at the Phoenix Forum on multiple seminars/workshops. Here is a schedule of the seminars that adult industry lawyer, Corey D. Silverstein has accepted: Business 101 panel With extensive experience and backgrounds spanning the industry, esteemed panelists offer a glimpse into what it takes to own, operate, and optimize an adult online business in today’s diverse environment. Topics include legal issues, mobile strategies, effective billing, and payment services. When: Thursday March 23, 2017 – 12:00pm – 1:00pm Where: E – Classroom Sweets with Security panel With hackers making news each month, content, passwords and login information, credit card data, all the bits of information that reside…

We had the pleasure to sit down and talk with Corey, owner of the Law Offices of Corey D. Silverstein, P.C.. Corey has extensive knowledge in the digital marketing field. When we asked Corey what he saw as the biggest errors for those just starting out in digital marketing make, he was quick to answer. You Need an Agreement This may seem a matter of common sense in most businesses, but Corey indicates people sometimes underestimate the need for a good agreement in their excitement over opening a digital business. He cautions that it is still a business and must be thought of as such. When asked what type of information is necessary in a good agreement, he named several factors: *Profit/Loss distribution - Everyone gets excited about the prospect of earning money and often don't consider how the profits will be divided. What is even more likely to cause…

All too often, adult business operators spend so much time focusing on things such as obscenity, record-keeping and intellectual property that they neglect some important corporate issues, including taxation and employment law, which can have a tremendous impact on a business owner. Make no mistake about it, adult business operators need to be concerned with obscenity, record-keeping and intellectual property, but at the same time, they should not be forgetting about some other very important areas of corporate law. Every year around tax season, my office receives numerous telephone calls from clients (individuals and businesses) with concerns related to their own worker status or the worker status of someone providing services on their behalf. The classification of a worker as an employee or independent contractor is very important and any misclassification can create numerous issues. As you read through this article, it is essential to remember that you should always…

2013 was a busy year in the online adult industry; especially in terms of business purchases, sales and mergers. Online businesses were purchased at record prices in 2013 and I expect that 2014 will continue the trend. This is the first of a series in which I will discuss some of the more important do’s and don’ts when purchasing an online adult business. This article is not meant to replace the services of an attorney nor is it meant to be an inclusive list of everything that a purchaser should do. Part 1 will focus on a purchase from a buyer’s perspective while Part 2 will focus on a purchase from a seller’s perspective. Keep watch for Part 2 in XBIZ World. Due Diligence I am always amazed by how many purchasers contact my office in the course of purchasing an online business and have no idea what they are…

As I write this column, the holiday season has arrived and with it the end of the year. And when the new year rolls around, the adult industry enters into one of the busiest trade show schedules of the year. In the month of January alone, AVN presents an array of shows in Las Vegas: the AVN Adult Entertainment Expo—both the B2B show and the Fan Fest—the Adult Novelty Expo, the AVN Awards Show, and InterNext. Also in the month of January, XBiz presents XBiz 360. Trade shows are a fantastic way to network, learn, improve and grow as a member of the adult industry community, and I urge you to take advantage of the many benefits of the trade shows. I have been attending AVN-sponsored trade shows for over a decade and I am continuously amazed by the great seminars and speakers put together by the AVN team. There…

Would you buy a house without a deed? Would you buy a car without getting its title? Or do you blindly sign every document that shows up in the mail promising free money? I'm assuming that you answered all of those questions with a "no." So why is it that most people are smart enough not to engage in the ridiculous examples mentioned above, yet when it comes to contracts and people in the adult industry, I find myself dealing with clients every day who either rushed into an agreement without a written contract, didn't consult with a lawyer prior to making a contract, and/or didn't understand the terms of a contract before they signed it? First, a simple definition of a "contract:" a contract is an agreement between two or more parties that is enforceable by law. While many contracts are in written form (and very much should be),…