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US Federal Age Verification on the Horizon – the SCREEN Act

For those of you who have been counting, as of this writing, there are now over 20 different enacted and proposed state laws in the United States requiring age verification for online content, particularly concerning adult entertainment websites. The sheer volume of these laws has been exhausting to the adult entertainment industry. Unfortunately, the adult industry has a new looming potential threat in the form of a United States federal law related to age verification. Featured In The April 2025 Edition Of XBIZ World The Shielding Children's Retinas from Egregious Exposure on the Net (SCREEN) Act, is a legislative proposal introduced by Senator Mike Lee (Republican-Utah) aimed at protecting minors from exposure to online pornographic content. The act mandates that commercial pornographic websites implement robust age verification technologies to ensure that users are not minors, thereby preventing children from accessing harmful material. Much like the state age verification laws that the adult entertainment industry have come to know, the SCREEN Act requires all commercial pornographic websites to adopt age verification technology to ensure a child cannot access its pornographic content. The SCREEN Act Summary Age verification requirements include: Prohibition on simple age attestation (i.e., simply entering in a birthdate); Requires…

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The Importance of Protecting AI Content Generation Rights for Content Producers

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. Featured In The March 2025 Edition Of XBIZ World 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 licensing terms, which may grant the tool’s developer partial or full rights to the generated content. Derivative Works Understanding whether the content created with AI can be modified, reused, or resold without violating the terms of use. Warning! Why Content Producers…

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Indemnification – You’ve All Heard the Term but What Does It Mean?

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. Featured In The February 2025 Edition Of XBIZ World "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 and misinterpretation by using specific terms and phrases that convey exact meanings. This clarity is vital in preventing disputes over contract terms; Enforceability: Contracts must meet certain legal standards to be enforceable in a court of law. Legalese incorporates established legal…

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FTC’s “Click to Cancel Rule” and its Legal Challenge

The Federal Trade Commission's (FTC) new “Click to Cancel Rule” or the “Rule”, has been a hot topic in consumer protection and business regulation. This Rule, part of a broader effort to streamline cancellation processes for subscription services, has sparked significant debate and legal challenges, particularly from the National Cable and Telecommunications Association (“NCTA”). Adult entertainment subscription services are justifiably concerned, need to be following these developments very closely and preparing for compliance with the Rule immediately. Featured In The January 2025 Edition Of XBIZ World What is the Click to Cancel Rule? Let’s begin with the basics and some background on the Rule. The FTC recently finalized the "Click to Cancel" rule, a significant regulation aimed at simplifying the process for consumers to cancel recurring subscriptions and memberships. This Rule mandates that businesses must make it as easy to cancel a subscription as it was to sign up for it. The rule is part of the FTC's broader effort to protect consumers from deceptive practices associated with negative option marketing, where a consumer's failure to take action is interpreted as consent to continue a service. Under the Rule, companies must offer consumers the ability to cancel subscriptions with the…

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Protecting Passion: Why Cyber Insurance is Crucial for Adult Entertainment Businesses

In an era where digital presence is synonymous with business success, the adult industry stands at the forefront of online innovation. From streaming services and interactive platforms to e-commerce and virtual reality experiences, adult businesses have consistently leveraged technology to deliver unique and personalized content to consumers worldwide. However, this digital dependency also exposes them to a myriad of cyber risks. As cyber threats escalate in frequency and sophistication, obtaining cyber insurance has transitioned from a luxury to a necessity for adult businesses aiming to safeguard their assets, reputation, and future growth. Featured In The December 2024 Edition Of XBIZ World The Digital Landscape of the Adult Entertainment Industry The adult entertainment industry has historically been an early adopter of new technologies. Whether it's pioneering online payment systems, embracing high-definition streaming, or exploring the potentials of artificial intelligence and virtual reality, adult businesses often set technological trends that other industries follow. A quick sidebar – for those of you old enough to remember the wars between Betamax and VHS video and later HD DVD and Blu-ray, the adult industry was a key factor in both outcomes of those battles. This innovative spirit, while advantageous, also places the adult industry in…

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Goodbye to Non-Compete Agreements in the United States?

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 no stranger to non-competes and numerous adult businesses have been the subject of many complex disputes and prolonged litigation between adult entertainment companies and workers for years. The United States Federal government has decided to weigh in on the issue and in a significant move to foster competition and enhance…

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Goodbye to Non-Compete Agreements in the United States?

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. Featured In The July 2024 Edition Of XBIZ World 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 no stranger to non-competes and numerous adult businesses have been the subject of many complex disputes and prolonged litigation between adult entertainment companies and workers for years. The United States Federal government has decided to weigh in on the issue and…

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Be Cautious of Unfamiliar Faces

Hopefully, you are enjoying reading the May 2024 edition of XBIZ World magazine while you are attending the XBIZ Miami tradeshow. The topic of this article was specifically chosen to cater to all the creators and businesspeople who are taking part in the adult industry’s most popular summer tradeshow. Featured In The May 2024 Edition Of XBIZ World I attended my first tradeshow 20 years ago in 2004. In those 20 years, I have met thousands of people from all over the world who were doing business (or trying to do business) in the adult entertainment industry. Many of the people I met during this span are still around while others, their whereabouts are unknown. The simple fact is that tradeshows remain one of the best ways to meet new people and network with people who share similar business goals. Not everyone who attends tradeshows has the rest of the industry’s best interests at heart. Some people are primarily motivated by their own selfish goals. If you are a creator, safety comes first. Adult entertainers not only face the daily stigma associated with pornography to begin with, but they most also must be constantly on guard from everyone from consumers…

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Attorney Corey Silverstein Outlines ‘Serious Civil Liberties Concerns’ Raised by HB 295

Be aware of civil liberties concerns raised by House Bill (HB) 295. Cyberspace (November 8, 2023) - Adult industry attorney Corey D. Silverstein, the driving force behind MyAdultAttorney.com and Adult.Law, recently spoke to clevescene.com about civil liberties concerns raised by Ohio’s House Bill (HB) 295. Read “Proposed Porn Age Verification Bill in Ohio Raises Serious Civil Liberties Concerns” via clevescene.com right here. Dubbed the “Innocence Act,” HB 295 would implement an age verification requirement in the state of Ohio similar to what has already been implemented in several other US states – however, with more aggressive penalties for non-compliance. In its current form, HB 295 states that companies and webmasters who don’t implement “reasonable” age verification methods could be subject to criminal charges – a third-degree felony. No other proposed and/or implemented age verification regulation in the US has such punitive criminal penalties. “HB 295 is another example of a dangerous trend where politicians are seemingly ignoring commonsense – and the Constitution – at the same time,” Silverstein said. Silverstein explained to clevescene that additional language in HB 295 creates a misdemeanor for anyone circumventing the age block from the side of the user (eg via VPN). According to Silverstein, this aspect of HB 295 will…

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Silverstein Legal Announces ‘Porn & AI’ Event, Speakers

Join attorney Corey D. Silverstein and esteemed guests for a discussion of AI and its potential impact on the adult entertainment community. Cyberspace (October 1, 2023) - Join adult industry attorney Corey D. Silverstein, the driving force behind MyAdultAttorney.com and Adult.Law, alongside ATMLA owner Mark Schechter and influencer/podcaster Elaina St James for the next event in Silverstein Legal’s Legal Impact series – “Porn & AI: Legal & Community Implications,” coming up on October 10th! Though not exactly “new,” Artificial Intelligence (AI) is currently having a cultural and commercial moment, dominating headlines and inspiring new product launches – but what does this mean for adult entertainment specifically? “Porn & AI: Legal & Community Implications” will be live-streamed on Tuesday October 10th at 4 pm ET via Zoom. During this special event brought to you by Silverstein Legal, Silverstein will lead a discussion exploring issues related to AI, including emerging opportunities, potential community implications, and associated legal rights and responsibilities. “I can’t even begin to describe the quantity of legal work inquiries that my office has received during the past six months for legal issues related to AI,” Silverstein said. “I haven’t seen a single area of adult entertainment this hot in…

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